1. Who We Are and How to Contact Us
Our Site, www.beta.seminal.one, is operated by Seminal One PTY LTD ("We," "us" and "our"). We are registered in Australia under ACN 661 160 578 and have our registered office at Level 29, 55 Collins Street, Melbourne, VIC 3000, AU.
To contact us, please email admin@seminal.one or +61386389971.
2. By Publishing Work on Our Global Register, You Accept These Global Register Terms
By publishing your copyright ownership of a work, or otherwise using our Global Register and any other services, software, tools, features, or functionalities provided on or in connection with the Global Register, you confirm that you accept these Global Register Terms and Conditions (“Global Register Terms”) and that you agree to comply with them.
If you do not agree to these Global Register Terms, you must not publish your copyright ownership of a work on, or otherwise use, our Global Register.
We recommend that you print a copy of these Global Register Terms for future reference
You must be at least 18 years old to use the Global Register.
3. There Are Other Terms That May Apply to You
Our Terms of Service also apply to your use of our Global Register.
To the extent of any inconsistencies between our Terms of Service and our Global Register Terms, these Global Register Terms will take precedence.
4. We May Make Changes to these Terms
We may amend these Global Register Terms from time to time. Every time you wish to publish your copyright ownership of a work on our Global Register, please check these Global Register Terms to ensure you understand the terms that apply at that time.
These Global Register Terms were most recently updated on 1 st April 2024.
We will try to give you reasonable notice of any major changes to our Global Register.
5. Publishing Your Work on the Global Register
You may publish on our Global Register any unique work which you have independently authored which attracts copyright protection, including digital files, digital images, art, designs, photographs and illustrations, along with any accompanying material, your signature, logo and any trade marks you may own ("Work").
We also have the right to disclose your identity to any third party who is claiming that any Work published by you on our Global Register constitutes a violation of their intellectual property rights or of their right to privacy
We have the right to remove any Work you publish on our Global Register, if, in our opinion, your Work does not comply with the content standards set out in our Acceptable Use Policy or is otherwise unlawful, in our sole discretion.
If you wish to contact us in relation to a Work you have published on our Global Register and that we have taken down, please contact admin@seminal.one.
You are solely responsible for securing and backing up your Work.
You must not upload any Work that could incite a terrorist or other criminal offence, solicit any person to participate in terrorist or other criminal activities, provide instruction on any method or technique for committing a terrorist or other criminal offence or threaten to commit a terrorist or other criminal offence.
This clause will survive the termination or expiry of these Global Register Terms
6. Generative AI Work is Not Approved by Us
You acknowledge that the Global Register is designed for works or other subject matter that are protected by copyright law and that works or other subject matter that have been generated using large language models are currently, unlikely to attract copyright protection or eligibility for copyright registration under copyright laws in most jurisdictions
We have the right to remove any Work you publish on our Global Register, if, in our opinion, a substantial part of your Work has been generated using large language models using a generative AI tool
This clause will survive the termination or expiry of these Global Register Terms.
7. Rights You are Giving Us
When you publish your Work on the Global Register, you give us rights in relation to the Work which are additional to the rights you give us to Content under our Terms of Services. These are set out below.
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You retain all copyright ownership in your Work, but you grant us a perpetual, worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, copy, modify, and display any Work you publish on our Global Register or any material you supply to us upon our request for our current and future business purposes, including, but not limited to:
providing and improving the Global Register;
screening your Work for the purposes of copyright infringement detection;
investigating, claiming and litigating any copyright infringement or related legal action or proceeding concerning your Work; and
advertising and promoting the Global Register and our related services.
You also grant us the right to investigate, claim and litigate any past, present or future copyright infringement or related legal action or proceeding concerning your Work at our sole expense, by assigning to us all of rights to recover damages, account of profits or any other form of legal redress with respect to copyright infringement and related legal actions and proceedings as they pertain to your Work, for the duration of copyright in your Work.
You agree to execute any additional documents and to take such other actions as may be reasonably requested by us in giving effect to the assignment under item 7.3 above.
You agree to assist and cooperate with us fully in any investigations, claims, legal actions or proceedings relating to copyright infringement or related legal action or proceeding concerning your Work. This assistance includes, but is not limited to, providing statements, information and documentation necessary for the effective initiation, prosecution and settlement of such claims and proceedings.
In the event that any recovery, whether by settlement, judgment, or otherwise, is obtained by Seminal in relation to your Work, Seminal agrees and undertakes to pay [70%] of the funds it recovers to you, after deducting any costs, expenses and agreed-upon fees related to the recovery efforts. The distribution of any such funds shall be conducted promptly upon their receipt by us
This clause will survive the termination or expiry of these Global Register Terms.
8. Your Warranties to Us
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You represent, warrant and agree that:
you own all current and future intellectual property rights to your Work under item 5.1(a) of these Global Register Terms;
your Work complies with these Global Register Terms and the content standards set out in our Acceptable Use Policy;
you have obtained all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights you grant to us in these Global Register Terms, and that your Work does not contain material subject to copyright, trade mark, publicity rights, or other intellectual property rights owned by any third parties;
you have the full right, power, and authority to assign the right to investigate, claim and litigate any copyright infringement or related legal action or proceeding concerning your Work as provided in item 7.3 of these Global Register Terms.
in uploading your Work to the Global Register, you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your Work while accessing or using the Global Register;
you will not publish illegal Work to the Global Register, such as Work that may involve child sexual exploitation;
you will not use the Global Register or your Work in any way that promotes suicide or self-harm, is discriminatory, incites hate or violence against others, or doxes another individual;
you will not use your Work for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates these Global Register Terms;
there are no legal restrictions preventing you from entering these Global Register Terms;
all information and documentation that you provide to us in connection with these Global Register Terms is true, correct and complete;
you have not relied on any representations or warranties made by us in relation to the Global Register or your Work (including as to whether the Global Register is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Global Register Terms; and
you are responsible for complying with all laws, rules and regulations which apply to our Global Register and our related services
You will be liable to us and indemnify us for any breach of any warranty in item 8.1 above. This means that you will be responsible for any loss or damage we, or any of our agents, representatives or contractors suffer as a result of your breach of one or more of these warranties
9. We May Suspend or Withdraw Our Global Register
Our Global Register is made available free of charge.
We do not guarantee that the Global Register, or any of our related services, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Global Register for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Global Register through your internet connection are aware of these Global Register Terms and our Terms of Service, and that they comply with them
10. Which Country's Laws Apply to Any Disputes?
Notwithstanding anything to the contrary herein, if, separately from these Global Register Terms, you have entered into a signed, written agreement with us, or one of our affiliates including Pikcha, Inc. (EIN 38 415 7752), a Delaware Corporation, with offices located at Level 7, 650 California St., San Francisco, California 94108, United States, doing business as “Seminal,” and that agreement contains provisions concerning choice of law, jurisdiction, venue, arbitration, and dispute resolution, then in the event of any conflict between those provisions and these Global Register Terms, then the provisions under your separate, signed, agreement with us concerning choice of law, jurisdiction, venue, arbitration and dispute resolution shall control.
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To the maximum extent permissible under applicable law:
these Global Register Terms, their subject matter and their formation (and any disputes or claims arising under or relating thereto) are governed by the law of Victoria, Australia; and
We both agree to exclusive jurisdiction and venue of the courts of Victoria, Australia for the resolution of any disputes arising out of or relating to your use of the Global Register.
If any part of the choice of law, venue or jurisdiction provisions under these Global Register Terms shall be deemed unenforceable under applicable law, then those portions shall be deemed severed from these Global Register Terms and the remaining Global Register Terms shall remain in force.
Certain legislation, including the Australian Consumer Law (“ACL”) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Global Register by us to you which cannot be excluded, restricted or modified (“Consumer Law Rights”).
If the ACL applies to you as a consumer, nothing in these Global Register Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our liability for the Global Register and our related services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Global Register Terms.
Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Global Register) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
11. General
Subject to your Consumer Law Rights, these Global Register Terms contain the entire understanding between the Parties concerning its subject matter
Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
If a provision of these Global Register Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Global Register Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Global Register Terms