Terms of Use

The following Terms of Use outline your obligations when using the Seen All Over website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

1. ACCEPTANCE OF TERMS

The web pages available at seenallover.com, and all linked pages (“Site”), are owned and operated by Seen All Over, LLC. (“SEEN”), an Indiana limited-liability corporation, and is accessed by you under the Terms of Use described below (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. SEEN ALL OVER’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY SEEN ALL OVER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATIONS OF TERMS OF USE

Seen All Over reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Seen All Over will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined at Seen All Over’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, Seen All Over may offer to provide certain services and content, as described more fully on the Site, (“Services”). Services shall include, but not be limited to, any service and content Seen All Over performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the “Content”). Seen All Over may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Seen All Over may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. YOUR REGISTRATION OBLIGATIONS

As a condition to using Services, you are required to register with Seen All Over and select a password and screen name (“SEEN Username”). You shall provide Seen All Over with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Seen All Over account. You may not (i) select or use as a Seen All Over Username a name of another person with the intent to impersonate that person; (ii) use as a Seen All Over Username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Seen All Over Username a name that is otherwise offensive, vulgar or obscene. Seen All Over reserves the right to refuse registration of, or cancel a Seen All Over Username at its discretion. You shall be responsible for maintaining the confidentiality of your password.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

5. USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Seen All Over.

By way of example, and not as a limitation, you agree not to use the Services:

• to abuse, harass, threaten, impersonate or intimidate other Seen All Over users;
• to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
• for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
• to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Seen All Over user;
• to create or submit unwanted email (“Spam”) to any other Seen All Over users or any URL;
• to violate any laws in your jurisdiction (including but not limited to copyright laws);
• to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
• with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
• with the intention of artificially inflating or altering the number of “bumps” a post receives, including by way of creating separate user accounts for the purpose of artificially altering Seen All Over’s services; giving or receiving money or other remuneration in exchange for bumps; or participating in any other organized effort that in any way artificially alters the results of Seen All Over’s services;
• to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• attempt to impersonate another user or person;
• sell or otherwise transfer your profile.
IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER.

Seen All Over may remove any Content and accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: violation@seenallover.com

You are solely responsible for your interactions with other users of the Site. Seen All Over reserves the right, but has no obligation, to monitor disputes between you and other users.

6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

By creating and posting Content to Seen All Over, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0/ and that you will not object to the use of the Content by Seen All Over in any context. To clarify, the above does not apply to the Content on external sites linked to by the original submission.

7. Copyright Complaints

Seen All Over respects the intellectual property of others. It is Seen All Over’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. Seen All Over will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Seen All Over may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Seen All Over will terminate access for subscribers and account holders who are repeat infringers.

Notifying Seen All Over of Copyright Infringement: To provide Seen All Over notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of violation@seenallover.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

Providing Seen All Over with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Seen All Over with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at violation@seenallover.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

8. INDEMNITY

You will indemnify and hold harmless Seen All Over, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Seen All Over Username, of any intellectual property or other right of any person or entity.

9. WARRANTY DISCLAIMERS

You acknowledge that Seen All Over has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Seen All Over from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Seen All Over makes no representations concerning any content contained in or accessed through the Site or Services, and Seen All Over will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Seen All Over has no control over such sites and resources, you acknowledge and agree that Seen All Over is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Seen All Over shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL SEEN ALL OVER OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. TERMINATION

Seen All Over may terminate or suspend any and all Services and your Seen All Over account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Seen All Over account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Seen All Over in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Seen All Over shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Seen All Over’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with our prior written consent. Seen All Over may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Indiana, as if made within Indiana between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Marion County and the United States District Court for the District of Indiana. Notwithstanding the foregoing sentence, (but without limiting Seen All Over’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator chosen by Seen All Over, LLC. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Indianapolis, Indiana using the English language. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

14. SEEN ALL OVER Privacy Policy

The intent of SEEN ALL OVER is to serve as a clearinghouse of exclusive content and aggregated internet content of interest to the “geek-chic set”.   We here at SEEN ALL OVER take your privacy very seriously and have implemented safeguards  in our privacy policy to protect the trust that you have placed in us as users.  By visiting the SEEN ALL OVER website, you are accepting the practices outlined in this Privacy Policy.

Information You Provide to Us:

We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features.

Registration: In order for you to create a SEEN ALL OVER username, you must complete a registration form. As part of this registration form, we require select personal information (including your full name, city, state and e-mail address).  Creating a username also creates a user profile which allows you to provide additional information, such as a bio, favorite URLs, and instant messaging IDs.  In addition, you may choose to include photos of yourself in your profile. As indicated below, in the section titled “Sharing Your Information”, you can control how your information is displayed and used.

Automatic Information

We receive and store certain types of information whenever you interact with us.  We receive and record certain traffic data on our server logs from your browser including your IP address, cookie information, and the page you requested. We use this traffic data to help diagnose problems with its servers, analyze trends and administer the website.  We also collect and, on any page, display the total counts that page has been viewed. This includes User Profile pages.

Cookies

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people.  The cookies on SEEN ALL OVER do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or e-mail address is.

The “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies.

Some of our business partners, like our advertisers, may use cookies on our website. We have no access to, or control over, these cookies.

Information Sharing

Rest assured that we neither rent nor sell your personal information to anyone and that we will share your personal information only as described below.

SEEN ALL OVER Personnel: SEEN ALL OVER personnel and authorized consultants and/or contractors may have access to user information if necessary in the normal course of SEEN ALL OVER business.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if SEEN ALL OVER, or substantially all of its assets, were acquired, user information would be one of the assets that is transferred.

Protection of SEEN ALL OVER and Others: We may release personal information when we believe in good faith that release is necessary to comply with a law; to enforce or apply our Terms of Use and other policies; or to protect the rights, property, or safety of SEEN ALL OVER, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

User Profile information: Information collected during registration and subsequent visits, such as your full name and location, may be displayed to other SEEN ALL OVER users in your User Profile. The User Profile is the area on SEEN ALL OVER where we allow you to tell other SEEN ALL OVER users about yourself and your interests. You may control what personal information is displayed in your User Profile within the parameters defined by the site programming.

API: SEEN ALL OVER will allow third parties access to all SEEN ALL OVER data this is already publicly available through the SEEN ALL OVER website. SEEN ALL OVER will keep private any passwords.

Syndication: SEEN ALL OVER allows for the RSS syndication of all of its public content within the SEEN ALL OVER website.

With Your Consent: Except as noted above, we will contact you when your personal information is shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, and you will be able to opt out to prevent the sharing of this information.

Your SEEN ALL OVER account information is protected by a password for your privacy and security. Protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer.

Privacy Policy Towards Children Under 18 Years of Age

You must be 13 years and older to register to use the SEEN ALL OVER website. As a result, SEEN ALL OVER does not specifically collect information about children. If we learn that SEEN ALL OVER has collected information from a child under the age of 13, we will delete that information as quickly as possible. We recommend that minors between the ages of 13 and 18 ask and receive their parents’ permission before using SEEN ALL OVER or sending information about themselves or anyone else over the Internet.

Changes to this Privacy Policy

SEEN ALL OVER may amend this Privacy Policy from time to time, at its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to the Privacy Policy, we will notify you by posting an announcement on the SEEN ALL OVER website so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.

Conditions of Use

If you decide to visit SEEN ALL OVER website, your visit and any possible dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of Indiana state law.

Effective Date of this Privacy Policy

This Privacy Policy is effective as of July 1st, 2010.