Terms of Service

 

These Terms of Use govern your access to and use of SezWho’s website (the “Site”), any information, text, graphics, or other materials, other than User Comments (as defined below) appearing on the Site (the “Content”), and any services provided through the Site, and/or provided by SezWho on your site (the “Services”).  Your access to and use of the Site, Content, and/or Services is expressly conditioned on your compliance with these Terms of Use.  By accessing or using the Site, Content, or Services, you agree to be bound by these Terms of Use.

Modification of Terms of Use
You acknowledge and agree that SezWho may revise these Terms of Use from time to time.  By continuing to access or use the Site, Content, or Services after SezWho makes any such revision, you agree to be bound by the revised Terms of Use. If any modification is not acceptable to you, your only recourse is to cease using and/or accessing the Site and Services.

Privacy
See SezWho’s Privacy Policy at http://sezwho.com/policy.php for information and notices concerning SezWho’s collection and use of your personal information.

Guard Your Password
You are responsible for safeguarding the password that you use to access any secure areas of the Site.  You agree not to disclose your password to any third party.  You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions.  You will immediately notify SezWho of any unauthorized use of your password.

Your Use of the Content
SezWho authorizes you to download, view, and print a single copy of any Content, solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use.

SezWho Property
All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of SezWho and its licensors.  The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.  Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services.  You may not copy or modify the HTML code used to generate web pages on the Site.  You may not use the Site, Content, or Services on or in connection with any other website, for any purpose.

Activation Key
If you have purchased an “Activation Key” to allow you to administer the SezWho Services on your site, please review the Software License Agreement (the “License”) and accompanying documentation which governs the use of the SezWho software (the “Software”). If you do not accept all the terms of the License, then SezWho is unwilling to license the Software to you.

The Activation Key is a one-time, single use key that is tied to the address of the website that activates it. It may only be used in connection with one site. Any additional sites require the purchase of additional Activation Keys. Ownership of Activation Keys may not be re-sold, transferred, sublicensed, leased, lent, rented or otherwise distributed to any third party. If you wish to move your website to a domain different than the one you registered at the time of Activation Key purchase, please contact us at contact@sezwho.com and we will do our best to accommodate your request.

General Prohibitions
You agree not to do any of the following while using the Site, Content or Services:

  • Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • Access, tamper with, or use non-public areas of the Site, SezWho’s computer systems, or the technical delivery systems of SezWho’s providers;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by SezWho or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
  • Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, Services or the Activation Key;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Transfer ownership, re-sell, sublicense, lease, lend, rent or otherwise distribute, your Activation Key.  

SezWho will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law.  SezWho may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.  You acknowledge that SezWho has no obligation to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Digital Millennium Copyright Act Compliance
SezWho respects the intellectual property rights of others and expects users of the Site and the Services to do the same.  At SezWho’s discretion and in appropriate circumstances, SezWho may terminate the accounts of users or prevent access to the Site and/or Services by users who infringe the intellectual property rights of others.  Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), SezWho’s designated agent for notice of alleged copyright infringement appearing on the Site is:

SezWho.com
1000 Fremont Avenue #230
Los Altos, CA 94024
ph:       (650)-559-9650
fax:      (650)-559-9650
email:   copyright@sezwho.com


Filing a notice of infringement with SezWho requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.  The text of this statute can be found at the U.S. Copyright Office website, <http://lcweb.loc.gov/copyright/> (visited January 23, 2008).

Links
The Site may contain links to third party websites or resources.  You acknowledge and agree that SezWho is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.  Links to such websites or resources do not imply any endorsement by SezWho of such websites or resources or the content, products, or services available from such websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination
If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically terminate.  SezWho reserves the right to revoke your access to and use of the Site, Content, and Services at any time, with or without cause.  SezWho also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice.

Use of the Site at Your Own Risk
Your access to and use of the Site, Content, and Services is at your own risk.  SezWho will have no responsibility for any harm to your network, site, business, computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services.

The Site is Available “AS-IS”
THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, SEZWHO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 

SEZWHO MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  SEZWHO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SEZWHO OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SezWho NOR ANY OTHER party involved in creating, producing, or delivering the Site, content, or services will be liable for any incidental, SPECIAL, consequential or PUNITIVE damages resulting from your access to or use of, or inability to access or use, the Site, content, or services, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE) or any other legal theory, whether or not SezWho has been informed of the possibility of such damage, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.  YOU SPECIFICALLY ACKNOWLEDGE THAT SezWho IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  FURTHER, SezWho WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF SEZWHO TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO SEZWHO FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SEZWHO AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Severability
In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Waiver
The failure of SezWho to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions.  The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement
These Terms of Use are the entire and exclusive agreement between SezWho and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between SezWho and you regarding the Site, Content, and Services.

If you have any questions about these Terms of Use, please contact SezWho at contact@sezwho.com.