Last Modified: April 25, 2021
Welcome to the SEEEN End User License Agreement. This is an agreement (“Agreement”) between Entertainment AI, Inc. (dba SEEEN) (“SEEEN"), the owner and operator of the SEEEN software, application, components, and any associated services offered (collectively the “Plugin”) and you (“you”, “your”, or “User”, or “User”), a User that has been granted a license to use the Plugin subject to this Agreement.
Throughout this Agreement, the words “Seeen”, “us”, “we”, and “our”, refer to our company, SEEEN, as is appropriate in the context of the use of the words.
Where applicable Users may be required to register to access the Plugin and properly pay any fees to purchase a license to the Plugin. Any registration information must be complete, truthful, accurate, and up-to-date. Upon proper registration and payment (where required) we grant you a non-exclusive, worldwide, non-transferable, non-sub-licensable, revocable, limited license to download and use the Plugin solely in accordance with the rights granted within this Agreement. If you breach this Agreement, your license to use our Plugin may be terminated at our discretion. Additionally, we may revoke your license to our Plugin if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to license your access does not act as a waiver of your conduct.
You acknowledge that the structure, organization, and code of the Plugin, along with the SEEEN identifiers, marks, logos, branding, and all related software components are proprietary to SEEEN and/or SEEEN’s licensors and that SEEEN and/or its licensors retains exclusive ownership of the Plugin, any documentation, information and any and all other intellectual property rights relating to the Plugin, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by SEEEN (“SEEEN IP”). You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the SEEEN IP or any portions of the SEEEN IP including any modifications, enhancements, derivatives, and other software and materials developed hereunder by SEEEN to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Plugin, including any modifications, enhancements, derivatives, and other software and materials developed by SEEEN. All rights not expressly granted in this Agreement are reserved for us.
The Plugin may contain software owned and licensed by third parties. User agrees to abide by all license restrictions as set forth within such third party terms. Failure to abide by these obligations shall result in termination of the Plugin license. The Plugin offered on services and/or platforms owned by Adobe, Inc. or its affiliates (collectively “Adobe”). You agree to abide by all terms or agreements set forth by Adobe and further agree that you will not violate any terms or agreements with Adobe while using our Plugin.
User shall be exclusively responsible for its use of the Plugin. Where a User or an Authorized User submits any User Content (defined below), we are not responsible for such User Content including but not limited to monitoring access permissions. Additionally, you represent and warrant that: (1) you shall use the Plugin solely for your internal commercial purposes; (2) you are duly authorized and have the power and authority to enter into this Agreement; (3) any User Content is not confidential; (4) that the User Content is owned or properly licensed to User and does not violate any third party agreements; and (5) you shall use the Plugin only for legal and lawful purposes. User shall indemnify and hold SEEEN harmless for a breach of any provisions of this section.
Seeen is not responsible for any information or content generated via the Plugin. THE USER AGREES TO HOLD SEEEN FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE PLUGIN. SEEEN WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE PLUGIN.
A User’s ability to submit or transmit any information through the Plugin, including but not limited to user information, data, recordings, audio visual content, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Plugin may be rejected, modified, edited, deleted, or removed at our discretion.
When submitting any User Content to our Plugin you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant SEEEN, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, irrevocable, fully-paid, royalty-free, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for any purpose as deemed necessary by SEEEN. SEEEN has no liability to Users for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Plugin. Specifically, SEEEN shall not be liable for any errors related to any User Content.
Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content. When submitting any User Content you agree to the following:
If you have violated any of our User Content Guidelines or if you we believe that any User Content may harm the Plugin, your access to the Plugin may be suspended or terminated.
Seeen shall have the right, but not the obligation, to monitor all User Content on the Plugin at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, SEEEN shall have the right, but not the obligation, to remove or disable access to any User Content at its sole discretion. SEEEN shall not be responsible for any User Content storage and User shall be solely responsible for any User Content Storage that may be offered by Adobe or any other third party. SEEEN is specifically not liable for any User Content stored on the Plugin and shall not be responsible for maintaining or making any User Content available to User at any time. User is solely responsible and liable for any User Content storage and/or backups and shall release SEEEN from any responsibility or liability for any User Content stored on the Plugin. SEEEN shall have no liability to User for any missing, incomplete, or otherwise unavailable User Content.
When using our Plugin, you are responsible for your use of the Plugin. You agree to the following:
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Plugin may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Plugin and we may pursue any legal remedy available to us under applicable law. SEEEN reserves the right to suspend or terminate any account at any time.
The Plugin may reside on the Adobe platform and may offer integrations with third party websites, applications, or software (collectively “Third Party Software”). Please be aware that SEEEN is not affiliated with any companies that own the Third Party Software and the availability of such integration is not an endorsement or recommendation to use any Third Party Software. The Third Party Software is controlled by companies that are not under the control of SEEEN and SEEEN shall have no ability to control the availability of or your access with any Third Party Software. You agree to release us from any liability related to your use of any Third Party Software and indemnify us for your use of any Third Party Software. In order to use any Third Party Software you may be required to agree that company’s legal agreements and pay any fees associated with access to any Third Party Software. We are not a party to any contracts that you enter into with any companies that control any Third Party Software and are not responsible for Third Party Software payment, errors, or service issues.
The Plugin may allow you to request information from any Third Party Software that may be transferred to the SEEEN Plugin, or vice versa. You expressly authorize us to initiate such a request on your behalf and allow any Third Party Software to disclose such User Content to us, or vice versa. Please be aware that such transfers with Third Party Software may be untimely or contain errors and/or omissions, you are solely responsible for verifying that any transfer is accurately completed to your specifications. Please be aware that any license granted to us for any User Content may be sub-licensed to such Third Party Software.
Seeen may offer the Plugin on a free trial basis or may make the Plugin free for its beta users. SEEEN reserves the right to discontinue any free trials or free beta users at any time and without liability to us. Where you have signed up for a free trial, you agree at the expiration of your free trial you may be automatically charged for any additional usage of the Plugin.
User agrees to pay for all costs, fees, and taxes listed when purchasing access the Plugin including any recurring subscriptions. Where applicable, you must agree to our third party payment processors’ terms and conditions for processing payments. All prices are listed in US Dollars. All information that you provide in connection with a payment or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, SEEEN may suspend or terminate your access to the paid portions of the Plugin, without liability to us.
Where a User has purchased a subscription, your payment information shall be logged for your convenience. IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, SEEEN MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA THE PLUGIN OR AT SUPPORT@SEEEN.COM. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION.
We want you to be satisfied with the Plugin; however we do not offer refunds at this time. If you have any questions regarding our policies, please contact us.
Where SEEEN does not charge you taxes for any payments, you agree to pay any and all applicable taxes. User agrees that SEEEN cannot and will not provide User with any tax advice; any such questions should be directed to User’s tax attorney or other tax professional.
The pricing for all paid subscriptions is listed within the SEEEN Plugin. Additionally, SEEEN may increase the price SEEEN fees charged, at our discretion and we reserve the right to do so at any time. In the event of a price increase, SEEEN shall notify you and you will have the chance to accept or reject any price increase. Please notify us if you intend to reject a price increase. Where you have rejected a price increase this Agreement may be terminated immediately at our discretion. You agree that SEEEN has no obligation to offer any services for the price originally offered to you at sign up.
From time to time, SEEEN may place a hold (“Hold”) on a User’s account. Some of the reasons that we may place a Hold on User’s account include but are not limited to the following: (1) if we have reason that your services offered or your actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend User’s access to the Plugin while such Hold is in place.
Please be aware that upon termination of your account, access to all or portions of our Plugin may be become immediately disabled and any User Content stored may not be retained. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Plugin; (2) if you have violated any portion of this Agreement or any of our Plugin policies; (3) where you have failed to properly and fully pay for any fees to access our Plugin; or (4) if we believe that any of your current or future actions may legally harm SEEEN, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
Although we try to make the Plugin generally available, we do not guarantee that the Plugin will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Plugin. You agree and acknowledge that the Plugin may not always be either 100% reliable or available. Only Users who are eligible to use our Plugin may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Plugin will work to the functionality desired by you or give you any desired results.
Where a User requires support for the Plugin, please contact us at firstname.lastname@example.org.
We reserve the right to alter, modify, update, or remove the Plugin or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Plugin. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Plugin without notice to you.
Seeen will not be liable or responsible for any delays in service, for failing to provide its services or to operate the Plugin as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, power or telecommunications outage, fire, contagion, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.
As SEEEN does not store any User Content, SEEEN shall not be responsible for any assistance with migrating any User Content created via the Plugin.
Seeen or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to SEEEN. The sole purpose of this policy is to avoid potential misunderstandings or disputes when SEEEN’s products might seem similar to ideas you submitted to SEEEN. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of SEEEN, without any compensation to you; (2) SEEEN may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for SEEEN to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
THE PLUGIN IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SEEEN, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLUGIN; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLUGIN; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SEEEN, OR VIA THE PLUGIN. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. SEEEN DOES NOT REPRESENT OR WARRANT THAT THE PLUGIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLUGIN OR THE SERVER THAT MAKES THE PLUGIN AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. SEEEN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLUGIN IS ACCURATE, COMPLETE, OR USEFUL. SEEEN DOES NOT WARRANT THAT YOUR USE OF THE PLUGIN IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND SEEEN SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
IN NO EVENT SHALL SEEEN , ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SEEEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by SEEEN’s negligence or that of any of its officers, employees or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLUGIN OR ONE HUNDRED USD, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless SEEEN, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the SEEEN Plugin. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Plugin, please send us a message which contains:
You must sign this notification and send it to our Copyright Agent: Copyright Agent of SEEEN, email@example.com or SEEEN, Inc., 199 Whitney Ave New Haven, Connecticut 06511, United States of America
In the event that you receive a notification from SEEEN stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
Please be aware that we may not take any action regarding your counter-notice unless Your notification strictly complies with the foregoing requirements. Please send this counter-notice to: firstname.lastname@example.org or SEEEN, Inc., 199 Whitney Ave New Haven, Connecticut 06511, United States of America.
This Agreement shall be governed by the laws in force in the state of Connecticut. The offer and acceptance of this contract is deemed to have occurred in the state of Connecticut.
Any dispute relating in any way to your visit to the Plugin shall be submitted to confidential arbitration in New Haven, Connecticut. Arbitration under this Agreement shall be conducted pursuant to the applicable Commercial Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically, in written briefs, or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Plugin or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within New Haven, Connecticut.
You may opt-out of this dispute resolution provision by notifying SEEEN within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to: SEEEN, Inc., 199 Whitney Ave New Haven, Connecticut 06511, United States of America, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with SEEEN through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within New Haven, Connecticut.
You and SEEEN agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with SEEEN are deemed to conflict with each other’s operation, SEEEN shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, and Arbitration sections.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Plugin and our Plugin.
The communications between you and SEEEN use electronic means, whether you visit the Plugin or send SEEEN e-mails, or whether SEEEN posts notices on the Plugin or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from SEEEN in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that SEEEN provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you will obtain any authorizations that may be required to import, export, and otherwise transfer data used or processed using the Plugin; and (iv) you will not use, distribute, transfer, or transmit any products, software or technical information (even if incorporated into other products) in violation of applicable export laws and regulations.
Where you have any questions, issues, or if you are having trouble accessing or using the Plugin, please contact us at email@example.com.
This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between User and SEEEN. The relationship of the parties is as independent contractors. User has no authority (and shall not hold himself or herself out as having authority) to bind SEEEN and User shall not make any agreements or representations on SEEEN’s behalf without SEEEN’s prior written consent.