Acceptance of Terms
Description of Services
seeqnc is a digital audio detection service offered by means of a website (hereinafter “Site”) and its underlying platform and service (hereinafter “Service”), based on audio watermarking technology. seeqnc provides tools, applications and interfaces to create watermarked digital audio materials, such as song, music, speech, or other sound recordings (hereinafter “Content”), to store watermark information in the seeqnc database for private or public use, and to backtrace Content usage based on embedded watermarks.
Billing and Refunds
Most seeqnc services, except for services provided for free, require a paid monthly subscription or on-demand purchases. You can acquire a subscription to use paid services by purchasing a corresponding digital subscription via a seeqnc affiliate e-commerce provider on our website or in the mobile app. seeqnc subscription purchases are non-refundable.
By using the Site, you represent and warrant that (a) all registration information you submit is accurate, truthful, and lawful; (b) you will maintain the accuracy of your registration information; (c) your use of the Site does not violate any applicable law or regulation in your country.
You acknowledge that your profile may be deleted and your subscription and account may be suspended and terminated without warning if you have failed to adhere to the aforementioned.
Content and Copyrights
seeqnc does not claim any copyrights to the Content uploaded to, manipulated and/or hosted at and/or transmitted via and/or shared through and/or delivered via (hereinafter “posted” on) the Service by its users.
By posting any Content through the Service and/or providing it to seeqnc directly, you hereby grant to seeqnc a revocable, non-exclusive, transferrable, fully-paid, royalty-free, and worldwide license to distribute, reformat, modify, watermark and publicly display the content solely on and through the seeqnc platform and related Services for the purpose of making the Content available only and strictly in accordance with your instructions (such as, and not limited to, embedding a watermark, reformatting/modifying the Content for the purpose of its distribution to authenticated users of the platform, and storing watermark information in the seeqnc database) and to grant and authorize sublicenses of the foregoing. The license will terminate at the time the Content is removed from the Service.
You warrant and represent that you have the right to grant the rights herein granted with respect to the Content posted via the Service. You warrant and represent that you own or have obtained the rights for seeqnc to use, as contemplated herein, the Content, and you shall be solely responsible for the payment of any fees, royalties, or other amounts claimed to be due in connection with such use.
By watermarking any Content using the Service, you hereby agree to store watermark information and information associated with it in the seeqnc database. You acknowledge that this information will be stored in the seeqnc database permanently and will never be removed from it. In particular, this information will remain in the database in case of removal of the Content and termination of your account.
You are solely responsible for the Content uploaded, shared or posted by you on the Service, and you are solely responsible for any consequences of providing the Content to the Service. You acknowledge and agree that you will post the Content on the Service and/or use the Service to post the Content solely in accordance with this TOU and any other policies and guidelines explicated on the Service. You may not provide Content that you do not have permission. You understand and agree that seeqnc’s administration (hereinafter “Administration”) may, but is not obliged to, review the Content and may delete or remove, without notice, any Content in its sole discretion, for any reason or for no reason, including and without limitation, Content that in its sole judgment violates this TOU or which might be offensive or illegal or that might violate the rights, harm, or threaten the safety of users or others. In addition to these actions, the Administration may, at any time and without notice, terminate your subscription or account for managing such Content. Subject to the foregoing and other than as necessary for Site maintenance, the Administration will not review any Content without first receiving a request from you or a lawful complaint from a third party. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post on the Site.
In the event the Administration receives proper written notification of alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material and may terminate the accounts of infringers in accordance with the Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. If you believe that any Content on the Site infringes upon any copyright that you own or control, you may send a written notification of such infringement to the Administration.
In accordance with the European law and other applicable law, we may terminate, in appropriate circumstances and at our sole discretion, membership and accounts of any seeqnc users who infringe the intellectual property rights of others.
Intellectual property rights indemnity
seeqnc to the best of its knowledge and belief, has made diligent searches and enquiries, that the Software does not infringe the Intellectual Property Rights of any third party. The Customer acknowledges that seeqnc shall not be liable for any direct or indirect damage caused to the Customer by using the Software.
The Customer acknowledges that it takes all responsibility on holding itself harmless against any and all action, award, claim or other legal recourse, complaint, cost, debt, demand, expense, fine, liability, loss, outgoing, penalty or proceeding (including legal and other professional fees and expenses) which the Customer may suffer, sustain, incur, pay or be put to arising from or in connection with a breach of any third party Intellectual Property Rights caused by the Customer use of the Software in accordance with the terms of this TOU License.
SEEQNC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, ITS CONTENT, AND SERVICE ARE DELIVERED AND PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
You understand and agree that you use the Service at your own risk and that you will be solely responsible for any possible consequences that such use or misuse may have or result in. All responsibilities and liabilities towards users, customers, and third parties remain solely with you, all without recourse against seeqnc, its owners, and its employees. You acknowledge that seeqnc, its owners, and its employees, shall not be liable for any direct or indirect damage caused to you by using the Service.
By using the Service and the Site, you acknowledge that you have read, understood, and agreed to this TOU. If you do not agree with any aspects of this TOU, you should not use the Site or any Service provided by seeqnc.
You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its underlying platform or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any seeqnc server, or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, seeqnc systems or networks, or any systems or networks connected to the Site or to seeqnc.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, any transaction being conducted on the Site, or any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to seeqnc on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else or impersonate any other individual or entity.
Accounts, Passwords, and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a seeqnc ID and password or by using a third-party authentication service). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify the Administration immediately of any unauthorized use of your account or password or any other breach of security. However, you may be held liable for losses incurred by seeqnc or any other user of or visitor to the Site due to someone else using your seeqnc ID, password, or account.
You may not use anyone else’s seeqnc ID, password, or account at any time without the express permission and consent of the holder of that seeqnc ID, password, or account. seeqnc cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
You may not re-sell and/or re-distribute and/or sub-license the Services provided by seeqnc to third-parties unless under formal agreement with seeqnc management. Your membership and account may be suspended and terminated without warning if you have failed to adhere to the aforementioned.
seeqnc is not responsible or liable in any manner for any Content uploaded, manipulated or posted on the Service or in connection with it. seeqnc does not control and is not responsible for Content posted on the Service by its users. In particular, seeqnc is not responsible for any unlawful, offensive, inappropriate, or otherwise objectionable content, which may be encountered on the Site or in connection with it.
seeqnc Service and/or its Site may sometimes become temporarily unavailable for maintenance or other reasons. seeqnc assumes no responsibility for any error, omission, interruption, deletion, defect, delay, or failure of operation or transmission, communication line failure, theft or destruction, or unauthorized access to or alteration of user communications. seeqnc is not responsible for any technical malfunction of services, procedures, or operations relying on seeqnc Service availability.
You acknowledge that you should not require seeqnc, its owners and employees, and/or its representatives to witness and/or represent in court and/or otherwise support and/or assist you and/or any third party in case of any juridical and/or legal proceeding and/or examination and/or investigation involving the Service as a tool for providing evidence of Content usage and/or ownership and/or any other testimony based on Content backtracing information obtained via the Service and its audio watermarking technology. You acknowledge that you should not involve seeqnc in any legal proceedings related to the use of the Service as means of backtracing, anti-piracy, identification, and/or authentication.
You agree to indemnify and hold seeqnc, its owners, employees, subsidiaries, affiliates, officers, agents, contractors, and partners harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any Content you post, manipulate or share on the Site, your use or misuse of the Service, or your conduct in connection with the Service or with other users of the Service.
You acknowledge that you take all responsibility on holding yourself harmless against any and all action, award, claim, or other legal recourse, complaint, cost, debt, demand, expense, fine, liability, loss, outgoing, penalty, or proceeding (including legal and other professional fees and expenses) that you may suffer, sustain, incur, pay, or be put to arising from or in connection with use or misuse of the Service.
The aforesaid indemnification obligations, along with any representations and warranties made by you hereunder, will survive the termination of this TOU and your use of the Site.
seeqnc reserves the right to change any and/or all content, software, Service, and Site components and other items used or contained in the Service and its website at any time without prior notice.
If any provision of this TOU is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
This agreement constitutes the whole agreement between you and seeqnc and supersedes any previous arrangement, understanding, or agreement relating to the subject matter of this agreement.