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Add Terms and Conditions and Privacy Policy pages #93

Closed nrutledge closed 2 years ago

nrutledge commented 2 years ago

The below Terms and Conditions have been provided by Luke and need to be added to the site.


These Terms and Conditions of Use ("Terms") describe and govern your use of the seabug website (the "Site") and any services provided by or registered with seabug through the Site by you (“Services”). Additional Terms and Conditions are applicable if you sell or buy on the auction site through auctions and/or direct sales. Throughout these Terms, “we” or “us” also refers to seabug. By visiting our Site or using our Services, you are accepting the practices described in these Terms and our Privacy Policy. Parties not in agreement with these Terms and the Privacy Policy are not applicable to use the Site nor request or register for any Services. seabug reserves the right to modify or amend these Terms from time to time and to do so without notice. Changes are effective as soon as posted, and your continued use of our Site or Services will represent your agreement and consent to those changes.

  1. License to Use the Site and Services; Restrictions

seabug grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site and Services and the materials (“Content”) thereon for your personal informational use only, provided that you comply fully with these Terms. Within the limits of this access, you are neither permitted to modify nor create derivative works from, participate in the transfer or sale of, post on the web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of seabug. You may download, at your own discretion, a single copy of Content from the Site and Services for your individual informational use only. In so doing, you are required to maintain all copyright, attribution and other notices attribute to such Content, including trademarks and service marks of seabug and its affiliates or the copyright holder identified in the individual content’s copyright notice. In no situation are you permitted to distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any Content contained on this Site or Services without the express prior consent of the copyright owner. Neither the material contained on the Site nor the Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photo reproduction, recordation or otherwise, without the prior written consent of seabug. Any images of artworks included in the Site or Services are provided for use only on the Site or for the Services. As such, images remain subject to all of the limitations set forth in these Terms and Conditions. Any right not expressly granted herein are reserved to seabug.

You, or any party under your employ, shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses, trojan horse, or time bombs, spyware, cancelbots, Easter eggs, or the means expressly prohibited by any provision of these Terms. You are also prohibited from using any robot or automated device or any other process to monitor or copy our Site or Services or any Content contained thereon or for any other purpose without our prior express written permission. You are also permitted from engaging in any activity that imposes an unreasonable or disproportionately large load on seabug’s infrastructure.

  1. Ownership

The content, Site, and Services of seabug are protected by all applicable laws, and licensors own all Intellectual Property Rights in and to the Content, Site and Services. By using the Site, you agree to abide by any and all copyright notices, information, or restrictions displayed on the Site and Services.

You further acknowledge that you do not receive ownership rights by your permitted use of seabug, its Content or any Services. Users of the Site are alone responsible for complying with all applicable laws, rules and regulations regarding your use of any Content. In the case of any permitted copying, after reception of the applicable permissions, redistribution or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

  1. Termination or Change to Site or Services

seabug retains the right for any reason, in accordance to its sole discretion, to change, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, without notice to you. seabug may also impose limits on usage, such as but not limited to restricting certain features and services or restrict your access to parts or all of the Site or Services with or without notice or liability. You agree that seabug may, upon its sole discretion, terminate your use of this Site and the Services, cancel your user registration, remove your Communications, and/or exercise any other remedy available to it, if seabug reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of seabug or any third party. You agree that seabug will not be held liable to you or any third party as a result of such actions.

  1. Third Party Content and Websites

As further explained below, some of the Content on the Site is contributed by third parties. As such, these third-party contributions do not necessarily represent the views or opinions of seabug or its affiliates. In addition to this, seabug does not assume any responsibility for third-party Content Communications posted on the Site or Services. seabug does not represent or guarantee the truthfulness, accuracy, or reliability of any such Content.

In some cases, The Site and some Services may contain links and pointers to third-party websites, resources and/or sponsors. seabug does not necessarily endorse the Site or Services of third-party services linked herein. Moroever, seabug cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive or that any third party site will be free of viruses or will not adversely impact your hardware. Please direct any concerns regarding external sources linked to on seabug to the respective webmaster.

  1. seabug’s Rights to Materials Provided by Users

Messages, images, text, data, content, or other materials posted by you on the Site should be done only with the understanding that it grants seabug and its affiliates, successors and assigns, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works and otherwise exploit such Communications and any ideas or original materials contained in such Communications, for the purposes of operating and deploying the Site. Promotional use, while also granted to seabug, will be determined in a separate agreement from this Agreement with Property owners in an ad hoc manner. You warrant that you own all Intellectual Property Rights in and to any Communications that you submit to seabug.

  1. No Responsibility for User-Transmitted Material

Due to the nature of online Communications, you acknowledge that interactions to and from this Site and any Services are not confidential, and your Communications may be read or intercepted by others. This extends to wallet interactions with the Cardano blockchain. By submitting Communications to seabug or the Site or Services, users acknowledge that no confidential, fiduciary, contractually implied or other relationship is created between the user and seabug. Moreover, this condition extends to all seabug affiliates and subsidiaries. seabug cannot be held liable for the payment of any money to any party in connection with seabug’s use of Communications submitted by you to the Site.

  1. Copyright Policy

Claims of Infringement:

In accordance with the Digital Millennium Copyright Act ("DMCA"), seabug upholds copyright claims and thereby responds to notices of alleged copyright infringement that are reported to the platform managers. In such cases, as it deems necessary, seabug will remove offending content from its frontend Service. Any party who believes its copyright has been violated by content represented on the Site, please provide the Site webmaster will the relevant information including, but not limited to, copyrighted work that has been infringed, a link to your claim, and a description of where the infringing work is available on the Site.

While seabug considers all such matters seriously, you may be held liable for damages (including costs and attorneys’ fees) if you materially misrepresent the contents in question.

Monitoring, Editing and Disclosure of User Material

You agree that seabug has the right, but not the obligation, to monitor your Communications on the Site or Services at any time for any reason. seabug has the sole discretion to define compliance with these Terms and any other rules, policies or guidelines that seabug may establish in the future. seabug reserves the right at all times to edit, disclose, refuse to post, or remove any Communication, in whole or in part, in its sole discretion, including, without limitation, as may be necessary to comply with any law, regulation, government or agency request or if, in seabug’s sole discretion, such materials are objectionable or in violation of these Terms.

  1. User Conduct
    1. Users should behave respectfully towards others in their interactions on the Site. The following conditions, although not strictly limited to these conditions, constitute a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:
    2. Disrespecting the privacy or views of other users;
    3. Using the Site or its Services for unlawful purposes such as promoting any criminal activities;
    4. Impersonating others or allowing others to use your identification to post, view comments, or otherwise interact with the Site. Moreover, soliciting passwords or personal identifying information from other users is also strictly prohibited;
    5. Transmitting “junk mail” or unsolicited mass mailing or otherwise “spamming” the Site, its users and/or affiliates;
    6. Submitting a Communication that infringes, misappropriates, or encourages the infringement of the Intellectual Property Rights of others, or that is obscene, defamatory, harmful, abusive, threatening or false.
    7. Authoring a Communication that violates any applicable law
  2. Indemnification

Users of the Site agree to indemnify, defend and hold harmless seabug, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys’ fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services; (ii) any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you. Furthermore, you agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. seabug reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written permission of seabug.

  1. Disclaimer of Warranties

seabug does not represent or endorse the accuracy or reliability of any information displayed or distributed through the Site or Services, especially the advice, opinions, and/or suggestions of users. By using the Site, users acknowledge that any reliance upon any such information shall be at the user’s sole risk. seabug reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.

THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS. THIS SITE IS INTENDED FOR PEOPLE OVER THE AGE OF 18.

NEITHER SEABUG NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE. THESE PARTIES CAN NEITHER GUARANTEE THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site or Services results in the need for servicing or replacing property, material, equipment or data, seabug cannot be held responsible for these costs.

  1. Limitation of Liability; Exclusion of Damages

seabug is not liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. As such, seabug recommends that every user maintain their own versions of any Communications they provide. seabug is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services.

UNDER NO CIRCUMSTANCES SHALL SEABUG, ITS SUBSIDIARIES, AFFILIATES OR THEIR LICENSORS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THESE TERMS, THE CONTENT, THE SITE, OR SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN UNAUTHROIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. User Information

All information collected by seabug is subject to our Privacy Policy. By using the Site, users agree to actions taken by us concerning your information in compliance with the Privacy Policy.

  1. Survival

The provisions titled “Ownership” “Termination or Changes to Site or Services” “Third Party Content and Websites” “seabug’s Rights to Materials Provided by Users,” “No Responsibility for User-Transmitted Material,” “Copyright Policy” “Monitoring, Editing and Disclosure of User Material,” “Indemnification,” “Disclaimer of Warranties,” “Limitation of Liability; Exclusion of Damages,” “User Information,” “Survival” and will survive termination of this agreement, together with all other terms and conditions that by their nature or context are intended to survive termination.

somthn0somthn commented 2 years ago

seabug Privacy Policy below


Privacy Policy

seabug (referred to herein as "seabug", "we", "us", "our") owns and operates seabug.io, its affiliated websites, and applications (our "Sites”), and provides related services, email communications, and other offerings (together with the Sites, our “Services”). Please see our Terms and Conditions for further information about our Services and the legal obligations of entities using our Services.

This Privacy Policy (the “Policy”) is meant to inform you of the methods we employ to collect, use, and share the personal data (also referred to as personal information) of individuals who are outside of our organization, including visitors of our Sites, users of our Services and artists (collectively, “you” or “your”). Personal data is generally considered any information about you, an identified or identifiable natural person. This Policy also describes your rights with respect to the use, access, and correction of your personal information.

PERSONAL DATA WE COLLECT AND HOW WE USE IT

We collect and process personal data only for lawful reasons, such as our legitimate business interests, your consent, or to fulfill our legal or contractual obligations. We do not request highly sensitive data and will never request the private keys to your cryptocurrency wallet. Furthermore, users should never share their wallet private keys or passphrase as it may result in the loss of personal funds and digital assets. We reserve the right to reject or delete any information gathered.

Information You Provide to Us

The information seabug collects is provided by you voluntarily while using our Services.

Here are the categories of personal data that you voluntarily provide to us:

We use the personal data you provide to us for the following business purposes:

seabug may obtain credit information about you from an outside credit reporting agency to help us with customer authentication and credit-related decisions.

We also collect and publish biographical and other information about artists, which we use to promote the artists and display their works on our Services. The information seabug collects about artists is provided by our clients and gathered from publicly available sources.

If you provide personal information about others, or if others give us your information, seabug will only use that information for the reason(s) described.

Information We Collect by Automated Means

Cookies

Internet cookies are pieces of information built specifically for web browsers that a web server may place on your computer in order to track, personalize, and save details related to a user's session when a user visits a website. Cookies can be used to identify a user’s computer, however, they do not contain information that identifies a user by name. seabug and its affiliates use cookies and like technologies in order to analyze webpage flow and customize services and marketing materials. Cookies may be permanent or temporary.

Please note the following concerning cookies and their applications by seabug:

Analytics and Advertising

seabug may use, now or at any time in the future, web analytic services to inspect how our platform is used. The information thereby collected by your use of the Sites, including but not limited to your IP address, may be transmitted to and stored by analytics companies.

Furthermore, seabug may work with third-party services, now or any time in the future, which use cookies or similar technologies to collect and use your session information during your visit to our Sites to provide advertisements about goods or services likely to be of greater interest to you. These third-party services may also use persistent identifiers to track your internet usage over time and across other websites not associated with our Sites. seabug does not provide these companies with a user’s personal data. If you wish to learn more or opt-out of these activities, please contact the seabug webmaster.

Third-party vendors may show seabug ads on sites across the internet. Towards this end, seabug and third-party vendors may use first-party cookies and third-party cookies together to inform, optimize, and serve ads based on past visits to our Sites. If you wish to learn more or opt-out of these activities, please contact the seabug webmaster.

Log Files

seabug uses your IP address to help diagnose server problems as well as for purposes related to the administration of our Sites. seabug may use your IP addresses to analyze trends and gather broad demographic information for use in aggregate.

Every time you access a seabug Site, some data is temporarily stored and processed in a log file. This information may include but is not limited to your IP addresses, the browser types, the operating systems, the recalled page, or the date and time of the recall. seabug only uses this data for statistical purposes related to diagnosing server problems, administering our Sites, or improving our Services.

HTML5

seabug may use Local Shared Objects to store information about content as well as user preferences. Our third-party affiliates may also use HTML5 to collect and store information. Please see your browser documentation for details on managing or removing HTML5 tools.

Do Not Track

Your browser or device may include “Do Not Track” functionality. seabug’s information collection and disclosure practices will continue to operate as described in this Privacy Policy, whether or not a “Do Not Track” signal is received.

HOW WE SHARE YOUR INFORMATION

seabug may share the personal data we collect as described above with our third-party affiliates for the business purposes described in this Policy. However, seabug does not sell, rent, or lease your personal data to third parties, neither does seabug transfer your personal data to our third-party affiliates for their direct marketing purposes.

seabug may share your personal data as follows:

There may be other instances wherein seabug may use your personal data with our third-party affiliates based upon your consent.

INTERNATIONAL TRANSFERS

The personal data we collect within your country may be transferred outside of your country to seabug or its previously-mentioned affiliates for the purposes described in this Policy. As required by law, we rely on adequacy decisions, appropriate safeguards, or derogations when we transfer personal data across international borders.

HOW WE STORE AND SECURE YOUR INFORMATION

seabug may retain your information during the period in which your account is active or as required in order to provide Services. If you wish to cancel your account or request that seabug no longer use your personal data, please contact the seabug webmaster. Note, however, that seabug will retain and use your personal data as necessary to comply with legal obligations, resolve disputes, and enforce our agreements.

seabug follows generally accepted industry standards to protect the personal data we process both during transmission and once received, and your information is stored on a secure server. Please note that no method of transmission over the internet, or method of electronic storage, is absolutely secure. Therefore the absolute security of your information cannot be guaranteed, and any transmission of data is at your own risk. Questions or concerns about the security of the Site should be directed to the webmaster.

YOUR RIGHTS/OPT-OUT

You may have certain rights regarding your personal data depending upon your location. These rights include:

We will not discriminate against you for exercising any of your rights. Please contact the seabug webmaster to correct, update, amend, remove, or deactivate your account and your personal data. You may choose to stop receiving newsletters or marketing emails from seabug at any time by following the included unsubscribe instructions.

LINKS TO OTHER WEBSITES

seabug Sites may include links to other websites whose privacy practices differ from those described in this Policy. Personal data submitted by you to such sites is governed by their respective privacy policies.

seabug Sites may include widgets, mini-programs running on our Sites that provide services from another company. Personal data may be collected from you when you interact with a widget. Cookies may also be set by a widget. Information collected by widgets are governed by the privacy policy of the company that created the widget.

NOTE TO PARENTS OR GUARDIANS

Our Services are not intended for use by children, and we do not knowingly or intentionally solicit data from or market to children under the age of 18. seabug reserves the right to delete any child’s information or registration.

PRIVACY POLICY CHANGES

Upon modifying this Policy, we will post an updated version on our Sites. Users are required to periodically review this Policy. Users are bound by any changes to it by using our Services or continuing to affiliate with us after such changes have occurred.