You need to create an account with Seamm to use the Services. When you create an account, we will ask you for some information about yourself. We may require you, in our sole discretion, to provide additional information and/or documents. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide you with the Services.
Your Seamm account is subject to the following conditions:
IF SEAMM HAS A REASONABLE BELIEF THAT YOU HAVE ENGAGED IN ACTIVITIES (1), (2), (3), (4), or (5) ABOVE, SEAMM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONFISCATE ANY ITEMS PURCHASES PURSUANT TO THOSE ACTIVITIES AND/OR DEEM SUCH TRANSACTIONS NULL AND VOID.
You agree that we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.
You agree that we may send you communications by email or text message that pertain to the status of a purchase or sale of an Item on the Platform, and other communications that pertain to your interaction with the Services, including but not limited to notifications about the status of an Item you are interested in purchasing.
You may opt out of promotional communications at any time by following the instructions provided therein.
You understand and agree that you are responsible for any User Content you submit or contribute, and you, not Seamm, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content posted by you or any other user on the Platform.
Items Issue shall be conducted by virtue of Seamm collaboration with a Brand or by virtue Seamm's own efforts, in which Seamm or a Brand will provide real items and models to build their digitalised versions and to pair these real items with originality authenticator and Seamm issue 3D representations of the original items or the original digital Items paired with the code that deliver Items to the users' accounts.
If you are a Brand and do not have an individual agreement with Seamm, you hereby grant Seamm non-exclusive, worldwide, royalty-free licenses to:
As a Brand, you understand and agree that:
Unless otherwise indicated in writing by us, the Platform, all content, and all other materials contained therein, including, without limitation, the Seamm logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Seamm Content”) are the proprietary property or intellectual property ownership of Seamm or our affiliates, licensors, or users, as applicable. The Seamm logo and any Seamm product or service names, logos, or slogans that may appear on the Platform or elsewhere are trademarks of Seamm or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Seamm.
By placing a sale order or by order through the Platform, you agree that you are submitting a binding offer to sell or to purchase such Items. Your order is accepted and confirmed once purchase is complete, and Seamm displays the “Woohoo! Thank you for your purchase” Page ("Confirmation Page"). Seamm or Seller may terminate the order at his their own discretion as long as the Confirmation Page is not displayed. YOU HEREBY EXPRESSLY AGREE THAT THE SUPPLY OF AN ITEM BEGINS IMMEDIATELY AFTER THE CONFIRMATION PAGE IS DISPLAYED.
Please notice that the Items exist only in digital form. Seamm, Brand or any Users shall not deliver or supply you any physical items after any purchases or transactions unless otherwise directly stated on the Platform. We do not guarantee that the Items will be identical to original items. The color and image of the Items may vary on different displays. Differences of Item’s colors and images may also be due to technical limitations in converting from physical to digital form or transferring to other platforms, metaverses or environments .
Please notice that the Items are digital 3-D models based on real Items owned by Brands or an original design that has been paired with an original authenticator. Images of Items and their 3-D models are copyrighted works belonging to their owners. When you buy or sell the Item, you receive only the rights to use the Item within the functionality of the Platform. The purchase or sale does not imply the transfer of any intellectual property rights or ownership, unless these Terms specifically stated otherwise.
You may use the Items in other environments, platforms, metaverses, computer games or web-sites only if there is a technical possibility to transfer the Item to another environment from the Platform and you have permission to do so by virtue of these Terms or Seamm’s direct permission.
Items may have limited quantities. No refunds or returns are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
Brands may choose to provide certain rights to holders of their Items, which may include, but is not limited to, physical items, special access, or other exclusive content (collectively, “Additional Benefits”). Any Additional Benefits will be provided directly to you from the Brand; Seamm has no involvement in such transactions and is not a party to such transactions. Notwithstanding the above, Seamm may publish a description of the Additional Benefits on its website on behalf of the Brand. If you own an Item that entitles you to Additional Benefits, you hereby consent to Seamm sharing your contact information with the Brand to facilitate delivery of your Additional Benefits. UNLESS OTHERWISE DIRECTLY STATED, TRANSACTIONS ON THE SECONDARY MARKET ARE ONLY FOR ITEMS AND DO NOT GRANT THE PURCHASER THE RIGHT TO ANY ADDITIONAL BENEFITS.
Outside the Seamm Content, all other trademarks, product names, and logos on the Platform are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Without limiting the foregoing, if you believe that third-party material hosted by Seamm infringes your copyright or trademark rights, please file a notice of infringement by contacting Seamm.
In such event, please provide Seamm with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Platform of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Seamm’s policy is to suspend or terminate the account of repeat infringers. Seamm’s response may depend on relevant aggravating or mitigating circumstances, but generally we will terminate an account if it is the subject of three valid infringement notices.
We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Content. Our grant of such license is subject to the following conditions:
You understand and agree that in the event that you deposit Items, digital assets or currencies into an incorrect address, we may not have the ability, and are under no obligation or duty, to return such digital assets, tems or currencies to you. This section applies regardless of whether we control the destination address.
You agree and understand that we may modify part or all of the Platform or the Services (including but not limited to functionality, prices, the range of Items, e.t.c.) without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Platform or Services.
Seamm provides these Third Party Platforms only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Platforms, or their products or services. You use all links in Third Party Platforms at your own risk. When you leave our Platform, our Agreement and policies no longer govern. We may, but are not obligated to, warn you that you are leaving our Platform.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SEAMM, THE PLATFORM, CONTENT CONTAINED THEREIN, AND ITEMS DISPLAYED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SEAMM (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE PLATFORM WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE PLATFORM. SEAMM DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF ITEMS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) UNAUTHORIZED ACCESS TO APPLICATIONS; (4) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM OR ITEMS.
ITEMS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY THE VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE PLATFORM. WE DO NOT GUARANTEE THAT SEAMM OR ANY SEAMM PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ITEMS.
Seamm is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software or any other features of Items. Seamm is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting Itemsincluding forks, technical node issues or any other issues having fund losses as a result.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
TO THE FULLEST EXTENT PROVIDED BY LAW, SEAMM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SEAMM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE PLATFORM, SERVICES OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF SEAMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SEAMM ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, CONTENT, ITEMS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE PLATFORM EXCEED THE GREATER OF (A) $100 OR(B) THE AMOUNT YOU HAVE PAID TO SEAMM FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF SEAMM FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF SEAMM NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF SEAMM’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with Seamm and limits the manner in which you can seek relief from us.
You agree that any dispute or claim relating in any way to: your access, use, or attempted access or use of the Platform; any products sold or distributed through the Platform; or any aspect of your relationship with Seamm will be resolved by binding arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Seamm may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent). You agree that any such arbitration shall be settled solely and exclusively by binding arbitration held in Delaware, in accordance with Delaware Rapid Arbitration Act 10 Del. c. § 5801, (“DRAA”) administered by one arbitrator (the “Arbitrator”) who shall be mutually agreed to by the parties to such Arbitration. In the event that the parties are unable to agree upon the identity of the Arbitrator within forty-five (45) days of the commencement of the Arbitration, then either party may file a petition with the Court of Chancery pursuant to Section 5805 of the DRAA.
Any such arbitration shall be conducted in accordance with the DRAA Rules.
You understand that by agreeing to this Arbitration Agreement, you and Seamm are each waiving their right to trial by jury and to participate in a class action or class arbitration.
If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue to in full force and effect.
This Arbitration Agreement shall survive the termination of your relationship with Seamm.
We reserve the right, without notice and in our sole discretion, to terminate your license to access or use the Platform or Content, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such an event.
If you have any questions, would like to provide feedback, or would like more information about Seamm, please feel free to email us at firstname.lastname@example.org. If you would like to lodge a complaint, please contact us at email@example.com.