SOCIAL SEAM, INC. TERMS OF SERVICE

Welcome to Social Seam! Social Seam (as defined below) is provided by Social Seam Inc. (“we,” “our” or “us”). These terms of service (these “Terms of Service”) govern your (“you” or “your”) access to and use of the www.SocialSeam.org web site and its subdomains (the “Website”), downloadable applications we make available to you (collectively, the “App”), and all software and services provided by us via the Website and App (collectively, “Social Seam”).

Social Seam enables fund-raising for the benefit of non-profit organizations (“Charities”) by individuals (“Individual Donors”) and businesses (“Sponsors”) (collectively, Individual Donors and Sponsors, “Fundraisers”, and Fundraisers together with Charities, “Users”). A Charity can organize a fund-raising campaign (“Campaign”) using Social Seam. Fundraisers can donate directly to a Campaign. Sponsors can provide rewards to Fundraisers who donate to a Campaign. A User can also organize a fundraising event (an “Event”) for the benefit of a Charity, which the applicable Charity must approve. Together, we can help bring communities together.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND SOCIAL SEAM INC. ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 21 "AGREEMENT TO ARBITRATE").

  • 1. Acceptance of Terms.

PLEASE REVIEW THESE TERMS OF SERVICE BEFORE USING SOCIAL SEAM, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. IF YOU ARE VIEWING THIS ON YOUR MOBILE DEVICE, YOU CAN ALSO VIEW THESE TERMS OF SERVICE VIA A WEB BROWSER AT https://socialseam.org/about/terms_of_use. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN DO NOT USE SOCIAL SEAM. BY USING SOCIAL SEAM, YOU REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF SERVICE.

We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to Social Seam; provided that any such changes shall only apply to your use of Social Seam after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through, signed agreement or otherwise.

  • 2. Scope of Service; No Affiliation with Charities or Sponsors.

We may alter, suspend, or discontinue Social Seam in whole or in part, at any time and for any reason, without notice. Social Seam may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use Social Seam, you must have a computer with Internet access that can access our Website or a compatible mobile device enabled with our App.

When using Social Seam, your telecommunications carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of use of Social Seam. You are responsible for ensuring that, at all times while using Social Seam, you are not in violation of your agreement with your telecommunications carrier.

Please note that we are not affiliated with any of the Charities that host Campaigns through Social Seam or with any Sponsor that provides Rewards (as defined below). As further set forth below, we are not responsible for refunds from Charities or for Rewards.

  • 3. License to Use; Privacy Policy.

Subject to these Terms of Service and any other agreement by you and us, we grant you a limited, personal, nonexclusive, nontransferable, non-sublicensable, revocable license to install and use the App on a compatible mobile device for your personal, non-commercial purposes and use our Website, in each case, solely in the manner enabled by us. Your license to use Social Seam is automatically revoked if you violate these Terms of Service. From time to time, we may upgrade Social Seam or make improvements to Social Seam. You agree that these Terms of Service will apply to all such upgrades or improvements. The foregoing license grant is not a sale of the App or the Website or a sale of a copy of the App or the Website, and we and our partners and suppliers retain all rights and interest in Social Seam. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void. We reserve all rights not expressly granted under these Terms of Service.

Our Privacy Policy (the “Privacy Policy”), describes the collection, use and disclosure of data and information by us in connection with Social Seam. The Privacy Policy, as may be updated by us from time to time in accordance with its terms, is hereby incorporated into these Terms of Service, and you hereby agree to the collection, use and disclosure practices set forth therein.

  • 4. Our Services.
  • a. Organizing a Campaign. If you are a Charity, you can organize a Campaign. We may from time to time limit the number of Campaigns that a Charity can have running through Social Seam at a time. We encourage you not to run too many Campaigns at a time, to reduce the confusion among other Users.
  • b. Proposing a Campaign. If you are an Individual Donor or Sponsor, you can propose a Campaign to a Charity that uses Social Seam. We may, on occasion, allow you to propose a Campaign to a Charity that does not yet use Social Seam.
  • c. Organizing an Event. You may create an Event to raise funds for a Charity. Until the applicable Charity approves the Event, you may not advertise that such Event is for the benefit of raising funds for such Charity. Once the applicable Charity has approved the Event, you may advertise the Event using Social Seam or through third party services. Once an Event has taken place, a User who purchases a ticket to the Event may receive Rewards associated with purchasing a ticket to the Event.
  • d. Sponsoring a Campaign or Event. If you are a Sponsor, you may provide a reward (“Rewards”) for Individual Donors that donate to a Charity. Rewards can take many forms. For example, you can provide a Reward that can be used at your business (perhaps tiered based on the amount of the donation), agree to match donations by Individual Donors (perhaps with certain limits) or you can work with us to develop other Rewards.
  • e. Acknowledgement to Receive Email and Push Notifications. As a registered User of Social Seam, you agree to receive emails and push notifications (if you use our App) from us regarding our services. We may from time to time send you push notifications or email messages with information about your use of Social Seam. You may opt-out from receiving our newsletter by emailing info@socialseam.org or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

As set forth in Section 2, we reserve the right alter, suspend or discontinue Social Seam or your access to Social Seam in whole or in part, at any time and for any reason, without notice.

  • 5. Our Fees.
  • a. Fees. Social Seam charges 5% of donations up to $10. We will not take more than $10 from a donation. Social Seam charges 1.9% + $0.99 for each ticket sold for events. If event tickets are free then we do not charge. In addiotion, our payment processing partners assess their standard charge associated with such payment processing transactions. We reserve the right to change fees in the future.
  • b. Payment. To the extent the Website sets forth fees from time to time, and you accept such fees for a specific product or service, then you agree that we may charge your payment method for any services, subscriptions or products you purchase and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials (as defined below).
  • c. Billing and Payment Policy. All information that you provide to register with us, including your credit card information or payment account information is subject to our Privacy Policy. We may use a third party payment service to bill you through an online account (your “Billing Account”) for your subscription payment or purchase of products or services in lieu of directly processing your credit card information. By submitting your payment account information, you grant us the right to store and process your information with the third party payment service, which it may change from time to time; you agree that we will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of third party payment service in addition to these Terms of Service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
  • d. Refunds. Other than as may be expressly set forth on Social Seam as updated from time to time, we have no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by us, in each case in our sole discretion.
  • 6. Login Credentials.

In order to use some functionality of Social Seam, you will be required to register by providing certain information. We may ask you to complete a registration form and create a user name and password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. All information that you provide through Social Seam is subject to our Privacy Policy, as may be in effect from time to time. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on Social Seam.

  • 7. No liability for Rewards or for Refunds for Donations to Campaigns; Completion of Campaign not Required.

If you have received a Reward from a Sponsor, your ability to collect on the Reward or to exercise the Reward may be decided based on the terms and conditions of the Reward that the Sponsor offers. Subject to applicable state law, a Reward may have an expiration date after which you may not be able to collect on the Reward. Please review your Rewards carefully and understand the terms and conditions of your Rewards. You agree that we are not responsible for providing you with any Rewards or for ensuring that a Sponsor provides any Rewards.

We do not investigate any Charity. We do not screen Charities for efficiency, quality or desirability. Please ensure that you would like to make a donation to a Charity before making a donation. We do not confirm that a Charity is a 501(c)(3) organization. If you would like to receive a refund for a donation to a Charity, you should work directly with the Charity. We are not responsible for processing payments or donations to Charities and cannot provide you with a refund for any donations that you make to a Charity.

When a Charity sets up a Campaign, the Charity may designate a goal and/or a target date for the Campaign. Please note that even if the Campaign does not achieve the goal for the Campaign, each Individual Donor will be charged for the amount of the donation to the Charity made by such Individual Donor and each Sponsor will be responsible for providing Rewards that such Sponsor agreed to provide associated with such Campaign.

We are not responsible for organizing or cancelling Events. If a User cancels an Event, or if a Charity is given control of an Event by a User and cancels the Event, you may be able to receive a refund for the Event, but we will not be responsible for any costs associated with cancelling the Event. Any Users who purchase tickets to a cancelled Event may or may not receive Rewards associated with the Event, in accordance with the terms of the Rewards offered by the Sponsor.

You hereby release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with Rewards or donations to Charities.

If you are a California resident, in connection with the above release, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his settlement with the debtor."

  • 8. Social Seam Content; Uploaded Content.

Subject to these Terms of Service and any other agreement between you and us, we hereby grant you a limited, personal, nontransferable, nonexclusive, non-sublicensable, revocable license to access and use the Content, solely within the scope of your status as a User, and subject to any restrictions on certain types of Content set forth in these Terms of Service. “Content” means all information, text, images, data, links, or other material posted on the sections of Social Seam that are (i) publicly available or (ii) which Social Seam permits you to access, whether created by us or provided by a third party for display on Social Seam. Content includes without limitation the information provided in a Campaign or a Reward.

You understand that the Content that is posted on Social Seam is used by you at your own risk. If you have submitted Content, you may remove, modify or alter such Content at any time, through functionality that we make available on Social Seam.

We reserve the right to make changes to Content, descriptions or specifications of Social Seam, or other information without obligation to issue any notice of such changes.

Nothing contained on Social Seam should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Social Seam or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on Social Seam.

  • 9. Prohibited Conduct.

As a condition of your use of Social Seam, you will not use Social Seam for any purpose that is unlawful or prohibited by these Terms of Service. You may not use Social Seam in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of Social Seam. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Social Seam. You agree not to use false or misleading information in connection with your user account or impersonate any other person living or dead, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party).

In addition, you agree that you will not, and will not authorize or facilitate any attempt by another person to use Social Seam to:

  • a. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Social Seam.
  • b. Use a name or language that we, in our sole discretion, deem offensive.
  • c. Post defamatory statements.
  • d. Post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious, or other group.
  • e. Post Content that depicts or advocates the use of illegal drugs.
  • f. Post Content that characterizes violence as acceptable, glamorous or desirable.
  • g. Post Content which infringes another's copyright, trademark or trade secret.
  • h. Post unsolicited advertising or unlawfully promote products or services.
  • i. Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
  • j. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
  • k. Exploit children under 18 years of age.
  • l. Engage in disruptive activity, such as sending multiple messages in an effort to monopolize a forum.
  • m. Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
  • n. Solicit personal information from children under 13 years of age.
  • o. Encourage conduct that would constitute a criminal or civil offense.

We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.

You agree not, and will not permit any person or entity to: (i) use, or allow the use of, Social Seam for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using Social Seam; (iii) obtain unauthorized access to any computer system through Social Seam; (iv) introduce viruses, worms, Trojan horses and/ or harmful code to Social Seam; and (v) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of Social Seam or any Content.

We reserve the right, without prior notice and in its sole discretion, to decide whether your use of Social Seam violates these Terms of Service for any of the above reasons or for any other reason, and if we do so, we may terminate your access to Social Seam.

  • 10. Indemnification.

By using Social Seam, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your provision of any Content, (ii) your use of Social Seam and/or (iii) any User or other third party’s use of any Content that you submit via Social Seam. At our option, you agree to defend us from any such Claims.

  • 11. Intellectual Property Rights.

You agree and acknowledge that the structure, organization, and code used in conjunction with Social Seam are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use Social Seam on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of Social Seam or any of the Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from Social Seam. You shall not sell, transfer, publish, disclose, display or otherwise make available Social Seam including any modifications, enhancements, derivatives, and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms of Service.

Unless otherwise noted, all Content contained on Social Seam is our property and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

  • 12. Copyright Infringement; DMCA Policy.

If you believe that any materials on Social Seam infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Website or location in our App or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to Social Seam is: Copyright Agent, 38 Robeson St. Boston, MA 02130 or info@SocialSeam.org. In an effort to protect the rights of copyright owners, we reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.

  • 13. Links to Third-Party Websites.

Social Seam may contain links to third party websites. These links are provided to you as a convenience, and we are not responsible for the content of any linked third party website. Any third party website accessed from Social Seam is independent from us, and we have no control over the content of that website. In addition, a link to any third party website does not imply that we endorse or accept any responsibility for the content or use of such website. Use of any third party site is subject to its terms of service and privacy policy. We request that Users exercise caution and good judgment when using third party websites.

  • 14. Providers of Third Party Platforms.

You hereby acknowledge and agree that all of our licensors, suppliers or other third parties: (i) are not parties to these Terms of Service; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to Social Seam; (iii) are not responsible for addressing claims by you or any third party relating to Social Seam, including without limitation any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that Social Seam or use thereof infringes any third party intellectual property rights.

  • 15. Disclaimer.

Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of Content, your reliance on information from Social Seam, information provided by a User or by your use of Social Seam. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Social Seam.

SOCIAL SEAM AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM SOCIAL SEAM ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH SOCIAL SEAM IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR THE DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY SOCIAL SEAM WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THAT SOCIAL SEAM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

  • 16. Limitation of Liability.
  • (a.) Disclaimer. IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF SOCIAL SEAM, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF SOCIAL SEAM, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
  • (b.) Limitation. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF SERVICE, SHALL NOT EXCEED THE GREATER OF (I) $10.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES AND NOT IN DONATIONS OR FOR REWARDS, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
  • (c.) Exclusions. 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.
  • 17. Jurisdictional Issues.

We make no representation that information on Social Seam is appropriate or available for use outside the United States. Those who choose to access Social Seam from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using Social Seam, you consent to having any Content you provide, your Login Credentials and any personal information that you provide as part of the account creation process transferred to and processed in the United States subject to the restrictions on such data as provided in our Privacy Policy posted through Social Seam from time to time.

  • 18. Modifying and Terminating Service.

We may terminate your access to Social Seam, in our sole discretion, for any reason and at any time, upon electronic notice to you at the e-mail address provided by you at registration or that you subsequently update. You agree that we are not liable to you or any third party for any termination of your access to Social Seam. We may change and update Social Seam from time to time. We may add or remove features including without limitation making free services into Premium Services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change Social Seam at any time without prior notice.

  • 19. Unsolicited Ideas and Feedback.

While we welcome your feedback, ideas, and suggestions (collectively, “Suggestions”), it is important to be aware of the following restrictions with regards to your Suggestions. If you send us any Suggestions, you agree that: (1) your Suggestion(s) become our property and you are not owed any compensation in exchange; (2) none of the Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential.

  • 20. Governing Law; Dispute Resolution.

These Terms of Service, and any dispute between you and us, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 21 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Suffolk County, Massachusetts, except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. Except for the foregoing exceptions, you and we agree to submit to the personal jurisdiction of the courts located within Suffolk County, Massachusetts for the purpose of litigating all such claims or disputes. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.

  • 21. Agreement to Arbitrate; Waiver of Class Action.

Except if you opt-out or for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) or for items (1)-(3) set forth in Section 20, you agree that all disputes between you and us (whether or not such dispute involves a third party) arising out of or relating to these Terms of Service, Social Seam, and/or our Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Suffolk County, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and we hereby expressly waive trial by jury. You and we shall appoint as sole arbitrator a person mutually agreed by you and us or, if you and we cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Service.

Any claims brought by you or us must be brought in that parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor us will participate in a class action or class-wide arbitration for any claims covered by these Terms of Service. You hereby waive any and all rights to bring any claims related to these Terms of Service and/or our Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.

You may opt out of this Agreement To Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Social Seam account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:

Social Seam, Inc. ATTN: Arbitration Opt-out 38 Robeson St. #3 Boston, MA 02130 USA

Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms of Service, such termination shall not be effective until thirty (30) days after the version of these Terms of Service not containing the Arbitration Procedures is posted to Social Seam, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.

This Arbitration section will survive the termination of your relationship with us.

  • 22. Miscellaneous.

You may not assign or transfer your rights or obligations under these Terms of Service in whole or in part to any third party without our consent. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms of Service on Social Seam. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

  • 23. Minors.

Social Seam is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use Social Seam only in conjunction with and under the supervision of a parent. In this case, the parent is responsible for any and all activities of such minor. If you are a parent or guardian and you discover that your child has created an unauthorized account on Social Seam, please contact us at info@SocialSeam.org and we will remove the account.

  • 22. For Additional Information.

If you have any questions about these Terms of Service, please contact us at: 38 Robeson St. #3 Boston, MA 02130 USA USA or via www.socialseam.org.

Copyright © 2014, Social Seam Inc., All Rights Reserved.

Updated: September 30, 2014

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