V2.1, October 8th, 2018
Acceptance of Terms
The services that seeqnc provides to you at www.seeqnc.com, related domains and mobile applications for cell phones, tablets or personal computers (hereafter „Services“) are subject to the following Terms and Conditions (hereinafter „Terms“). seeqnc reserves the right to update and modify this Terms at any time without prior notice to you. The latest version of the Terms can be reviewed by clicking on the „Terms and Conditions“ hypertext link located at the bottom of our web pages and in the settings of our mobile applications. The Services are provided by seeqnc GmbH, incorporated in Siebenbrunnengasse 17, 1050 Vienna, Austria. You can contact us via email email@example.com.
Description of Services
seeqnc is a digital audio detection and notification service offered by means of a website (hereinafter “Site”) and its underlying platform and services (hereinafter “Services”). seeqnc provides tools, applications and interfaces to detect digital audio materials, such as song, music, speech, or other sound recordings (hereinafter “Content”), to store content information in the seeqnc database for private or public use, and to backtrace Content usage. The Services may include content and media identification and access to related third party applications and services that can be used in conjunction with the Services (for example social networking sites, e-commerce services etc.).
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 our website. 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 or third party services.
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 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, fingerprinting, reformatting/modifying the Content for the purpose of its distribution to authenticated users of the platform, and storing content-related 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 posting any Content using the Service, you hereby agree to store audio content and meta-data 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 Terms 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 TERMS 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 seeqnc Services.
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 TERMS 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 Terms. If you do not agree with any aspects of this Terms, you should not use the Site or any Service provided by seeqnc.
You agree to use the Services for non-commercial use and fairly. The Services are not to be used for commercially. seeqnc reserves the right to limit your usage or cease to provide the Services to you without further notice.
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 e.g. facebook Login). 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.
Effective Date: October 8th, 2018
1. Which Information We Collect
We collect information about you when you interact with our website or applications.
We may collect information about you when you participate in certain activities such as filling out a form to subscribe to services or trials, or to sign up to receive one of our newsletters, communicating with us via third-party social media sites, requesting customer support, or otherwise communicating with us.
If you create a seeqnc account using a social network to log in, or connect with Facebook or another social network via the seeqnc app, we may also receive some information about you from that network (e.g., your Facebook ID, name, profile picture, managed pages, gender, friend list, birthdate, email address and Facebook registration date).
When you launch the seeqnc mobile application, we may ask to access your location to provide additional features and functionality, although sharing your location is not required. Your device’s settings may provide you with location permissions settings. The default settings may vary from device to device and are subject to your specific device’s functionality. We may also ask you for permission to send push notifications to your device.
We also automatically receive and track certain data about your computer or mobile device when you visit our sites or apps, including, but not limited to, your device type, IP address, software and language preference, browser, type of operating system, date and time of viewing, use of our features and purchasing history or preferences, and your taps and interests. We may also create a unique device or user ID for you so we can recognize you. In some cases or on some devices, we may automatically detect or infer your location using GPS, your IP address or watermarks; Please refer to your device’s system settings regarding location services.
We may acquire information from other trusted sources to update or supplement the information you provided or we collected automatically. Local law may require that you authorize the third party to share your information with us before we can acquire it.
2. How We Use Your Data
We may use your information, including personal data, for the following purposes:
- to provide seeqnc services, like display of customized content, integration with our partner services, and targeted advertising both on websites and applications that we advertise through;
- to protect seeqnc intellectual property, including its copyrights;
- to connect your social networking community to our sites or apps;
- to determine when you link from our applications to one of our partner services;
- to manage administration and improvement of the sites and ensure the technical functioning of our products and services;
- to enforce our Terms and Conditions and prevent fraud;
- to communicate with you about seeqnc products and services, including sending marketing communications that we believe may be of interest to you, through electronic communications with your consent or where otherwise permitted by applicable law, and to provide assistance with customer service issues;
- to enable us to use a third party to measure the usage of our services by our users, with your consent or where otherwise permitted by applicable law; and
- to comply with our legal and regulatory obligations, requests from government bodies or courts, or to respond to litigation;
We may aggregate your data with other users‘ data in order to create statistics, which helps us to develop and improve our services. We may also share this aggregated data with our business partners and third-party advertisers.
3. Sharing your Information
We may share your information, such as your device, IDFA/AAID, browser type, hashed email address, inferred age and gender, and location information (if you provide location access), with third parties including advertisers and partners, some of whom may use your data for the purposes of interest-based advertising, including demographic, behavioral, and geographic ad targeting or to provide localized services (with your prior permission or where otherwise permitted by applicable law).
Your device may include an option to limit advertisement tracking. By enabling this feature, you may not see adverts personalised using your device’s unique advertising identifier when accessing the seeqnc app. You may need to enable this setting, as the default settings may vary from device to device and are subject to your specific device’s functionality.
We also may share your information with third-party service providers who perform services and functions on our behalf to support our interactions with you, including providing our products and services, administering surveys or contests, or communicating with you.
We may share your information with third parties, including law enforcement authorities, if we determine that doing so is appropriate and in accordance with applicable law to:
- Enforce our Terms and Conditions,
- Protect our intellectual property, services and legal rights,
iii. Prevent physical harm to the persons or property of others,
- Prevent fraud against seeqnc and others,
- Support auditing, compliance, and corporate governance functions,
- Comply with subpoenas, court orders, or similar legal processes, including to law enforcement agencies, regulators and courts, and
vii. Comply with any and all applicable laws.
If you choose to make a purchase, you will navigate away from the app and be directed to the third-party music source you selected. Any information you provide to such third party is provided by you directly to them, and is not received by seeqnc.
Third-Party Advertising and Analytics.
Consistent with your permission, third parties, including advertisers, may collect information, potentially including personal data, about your activities over time and across different websites when you use our sites or apps. Those third parties may also provide us with data collection, reporting, ad-response measurement, analytical information, and assist with delivery of relevant marketing messages and advertisements.
Some third-party advertisers, web browsers and mobile devices allow you to opt out of third-party advertising.
Social Networking Services.
By connecting your seeqnc account to any social network, including, but not limited to, Facebook or Google+ your name, birthdate, email address, gender, friend list, profile picture and playlists, along with other elements of your social network profile that you have made available may be stored by seeqnc and used to personalize your user experience. Further, your Facebook friends/contacts may be able to use the seeqnc services to access your seeqnc history and the data it contains, including date/time. Please refer to the privacy settings in your social network account for information about what data is shared with seeqnc and other connected applications and to manage the data that is shared through your account, including information about your activities using our sites or apps.
4. Links to Third-Party Websites.
Please note if you delete our cookies or disable future cookies, you may not be able to fully use the seeqnc services.
6. How to Access or Delete Your Information
You can request to access and request deletion of your personal data at any time by sending us an email at firstname.lastname@example.org. Where your request cannot be completed using our automated system, we will respond to any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there may be limitations to your rights and there may be circumstances where we are not able to comply with your request. For users in the EU, you also have the right to complain to your local supervisory authority for data protection, but we ask that you contact us directly to resolve your query.
7. Data Retention, Security and Integrity.
The security, integrity and confidentiality of your information are important to us. We have implemented technical, organizational and physical security measures that are designed to protect your information from unauthorized accidental or unlawful access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware, however, that, despite our best efforts, no security measures are perfect or impenetrable.
9. Data Transfer.
10. Contact Us
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 fingerprinting 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 TERMS 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 TERMS 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.