Terms of Service
1. Who We Are and How to Contact Us
2. By Using Our Site You Accept these Terms
By using our Site and any other software, tools, features, or functionalities provided on or in connection with the Site, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use our Site.
We recommend that you print a copy of these Terms for future reference.
You must be at least 18 years old to use the Site.
3. There Are Other Terms That May Apply to You
Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our Site. When using our Site you must comply with this Acceptable Use Policy.
If you purchase goods or services from our Site, our Terms and Conditions of Supply will apply to the sales.
If you access or download our mobile application from the Apple App Store, you agree to the Apple App Store Terms of Service. If you access or download our mobile application from the Google Play Store, you agree to the Google Play Store Terms and Conditions including the Google Apps Terms of Service
4. Who We Are and How to Contact Us
We may amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time.
These Terms were most recently updated on [25th September 2023]
5. We May Make Changes to Our Site
We may update and change our Site from time to time to reflect changes to our products, our users' needs, our business priorities or for other reasons.
We will try to give you reasonable notice of any major changes to our Site.
6. We May Suspend or Withdraw Our Site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site 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 Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
7. We May Transfer this Agreement to Someone Else
We may transfer our rights and obligations under these Terms to another entity.
We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
8. You Must Keep Your Account Details Safe
You must register on the Site and create an account ("Account") to access the Site's features.
You must provide basic information when registering for an Account including your business name (if applicable), contact name, country of residence, email address, any other required information set out on the Site, and you must choose a username and password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including personal names or trademarks to which you do not own the rights.
If you choose a username, or password or receive any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any username or password at any time, if in our reasonable opinion you have failed to comply with these Terms.
You agree to maintain up to date information in your Account and to take reasonable measures against unauthorized disclosure of your Account details. We will not be responsible for loss caused by your failure to take such reasonable measures.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
We may review your request for an Account before approving the request. We may request additional information before granting our approval. If you do not provide us with information that we reasonably request, we may refuse to create an Account for you, in our sole discretion.
We may make access to and use of certain parts of the Site subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.
If you suspect that anyone other than you knows your username or password, you must promptly notify us at firstname.lastname@example.org
9. How You May Use Material on Our Site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material displayed or published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and any content on the Site) ("Our Intellectual Property") will at all times vest, or remain vested, in us.
We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
You must not print off, download, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate, modify, display, post, or re-post any materials from our Site in any way. You must not infringe any intellectual property rights connected with the Site, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged and any copyright management information on the Site must not be altered.
You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors.
By using the Site in conjunction with creating, submitting, posting, promoting, or displaying content, you grant us a perpetual, worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Site for our current and future business purposes, including to provide, promote, and improve the Site. This includes any digital file, art, attribution, credit, or other material linked to or associated with any content that is displayed on the Site uploaded or otherwise contributed by you.
This clause will survive the termination or expiry of these Terms.
10. No Text or Data Mining, or Web Scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our Site. This includes using (or permitting, authorising or attempting the use of):
Any crawler, scraper, script, browser extension, offline reader, robot, bot, spider, or other automated means device, program, tool, algorithm, code, process, interface or methodology not authorised by us to access the Site, extract data, interfere with, modify the rendering of Site pages, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive (EU) 2019/790).
This clause shall apply to the maximum extent permissible under applicable law.
11. Do Not Rely on Information on this Site
The content on our Site is provided for general information only.
It is not intended to amount to advice on which you should rely.
You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
12. We Are Not Responsible for Websites We Link To
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
13. User Generated Content Is Not Approved By Us
This Site may include information and materials uploaded by other users of the Site, including social media pages, video-sharing sites, bulletin boards and chat rooms.
This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
14. How to Complain About or Report Content
If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately on email@example.com.
If you wish to complain about any other content, please contact us on firstname.lastname@example.org.
15. Our Responsibility for Loss or Damage Suffered by You
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Supply.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage you could have avoided by following our advice to apply an update offered to you free of charge or for damage caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
16. How We May Use Your Personal Information
17. Uploading Content to Our Site
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must 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 content you have uploaded to our site and that we have taken down, please contact email@example.com.
You are solely responsible for securing and backing up your content.
your must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
18. Rights You Are Giving Us To Use Material You Upload
When you upload or post content to our Site, you grant us a perpetual worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media, including to promote the Site and products and services offered by us.
19. Your Warranties to Us
You represent, warrant and agree that you have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Site, and that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have all necessary permissions or are otherwise legally entitled to post the material and to grant us the license described above, and that the content does not violate any laws;
you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct and content, while accessing or using the Site;
You will not use or attempt to use another user's Account without authorization from such user
You will not access the Site from a different IP address if we have blocked any of your other IP addresses from accessing the Site, unless you have our written permission first;
You will not distribute spam, including through sending or airdropping unwanted messages to other users;
You will not use the Site – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Site in any manner;
You will not reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Site, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Site;
You will not make any attempt to circumvent our fee systems;
You will not use the Site or data collected from the Site for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
You will not use the Site for money laundering, terrorist financing, or other illicit finance;
You will not use the Site from a country sanctioned by the government of the United States or Australia or to facilitate transactions involving individuals sanctioned by the government of the United States or Australia or located in sanctioned countries;
You will not use the Site to create, sell, or buy items that give owners' rights to participate in any securities offering, or items that are redeemable for securities, commodities, or other financial instruments;
You will not use the Site to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorisation, and/or any other illegally obtained items;
You will not create or display illegal content, such as content that may involve child sexual exploitation;
You will not use the Site in any way that promote suicide or self-harm, is discriminatory, incites hate or violence against others, or doxes another individual;
You will not use the Site 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 Terms;
You will not use our Site, including Our Intellectual Property, in any way that competes with our business;
There are no legal restrictions preventing you from entering into these Terms;
All information and documentation that you provide to us in connection with these Terms is true, correct and complete;
You have not relied on any representations or warranties made by us in relation to the Site (including as to whether the Site is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
You are responsible for complying with all laws, rules and regulations which apply to buying or selling any items through our Site.
20. We Are Not Responsible for Viruses and You Must Not Introduce Them
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
21. Rules About Linking To Our Site
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
You must not establish a link in our site in any website that is not owned by you.
Our Site must not be framed on any Other Site.
We reserve the right to withdraw linking permission without notice
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy
21. Which Country's Laws Apply to Any Disputes?
Notwithstanding anything to the contrary herein, if, separately from these Terms, you have entered into a signed, written agreement with us, or one of our affilates 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 Terms, then the provisions under your separate, signed, agreement with us concerning choice of law, jurisdiction, venue, arbitration and dispute resolution shall control.
To the maximum extent permissible under applicable law:
these Terms, their subject matter and their formation (and any disputes or claims arising under or relating thereto) are governed by the law of New York State, United States; and
We both agree to exclusive jurisdiction and venue of the courts of New York, New York, United States for the resolution of any disputes arising out of or relating to your use of the Site.
If any part of the choice of law, venue or jurisdiction provisions under these Terms shall be deemed unenforceable under applicable law, then those portions shall be deemed severed from these Terms and the remaining 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 Site 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 Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our liability for the Site provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Site) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
23. Our Trademarks are Registered
"Seminal One," "Pikcha" and the Seminal word and design mark are Australian registered trademarks of us and our affiliates. You are not permitted to use them without our approval.
Subject to your Consumer Law Rights, these 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 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 Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.