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Terms of Service
Please read these Terms of Service and our Privacy Policy carefully before using SEEDTECH Studios Services.
By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with SEEDTECH Studios. If you do not completely agree to these Terms of Service then you must not use any of our Services.
This Agreement is a binding contract between you and SEEDTECH Studios that provides for important rights and obligations. By accessing, browsing, and/or using the Services you represent to SEEDTECH Studios that you have read, understood and agree to be bound by this Agreement and all applicable local, state, national and international laws and conventions, including without limitation all intellectual property laws. SEEDTECH Studios reserves the right, at its sole and absolute discretion, to deny any user access to the Services, without notice. If you violate any of the Terms, we may, at our option, give you a warning notice of violation or terminate your account immediately for violation of the Terms.
1. Definitions
2. Ownership and Limited License
a) Ownership
The Services are owned or licensed by SEEDTECH Studios, and are protected by Intellectual Property Rights and other proprietary rights laws. SEEDTECH Studios reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of SEEDTECH Studios.
b) License
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant SEEDTECH Studios policies, SEEDTECH Studios grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment purposes. You agree that you will not use the Services for any other purpose.
c) License Limitations
Any use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at SEEDTECH Studios’s sole judgment, or may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly:
3. Eligibility to Acccept Agreement and use the Services
You must be at least 13 years of age to access and use the Services. There is no exception to this requirement. SEEDTECH Studios does not knowingly collect any personal information from children under the age of 13 that falls within the Children’s Online Privacy Protection Act and Rule. By your use of the Services, you agree that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms.
If you have previously been banned from using any SEEDTECH Studios Services then you may not use our Services.
4. User Content
To the maximum extent permissible by law, SEEDTECH Studios assumes no responsibility or liability for the conduct of any user submitting any User Content, and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Services is at your own risk, and you are solely responsible for any User Content that you post.
When you transmit or upload User Content, you agree to abide by the following rules:
In compliance with the Digital Millennium Copyright Act, and other similar or equivalent applicable laws, if SEEDTECH Studios is notified that you have infringed the copyrights or other Intellectual Property Rights of others then your access to the Services may be terminated without prior Notice to you. If you believe that your content has been infringed in the Services, please notify us by emailing the following address info@seedtech.co.uk. Note that if you knowingly misrepresent copyright infringement, you may be liable for damages, including costs and attorneys’ fees. Notices submitted to SEEDTECH Studios under this provision should include:
5. Term
Unless modified or amended by SEEDTECH Studios, this agreement and its provisions shall remain in effect. Termination of any license granted by SEEDTECH Studios under this agreement does not affect any other provisions of this agreement.
6. Service Availability and Termination
You acknowledge that:
7. Warranty and Liability
YOU ACKNOWLEDGE THAT SEEDTECH Studios AND SEEDTECH Studios AFFILIATES ARE NOT LIABLE
THE SERVICES ARE PROVIDED BY SEEDTECH STUDIOS TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEEDTECH STUDIOS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SEEDTECH STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEEDTECH STUDIOS DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF SEEDTECH STUDIOS AND/OR SEEDTECH STUDIOS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO SEEDTECH STUDIOS AND/OR SEEDTECH STUDIOS AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID SEEDTECH STUDIOS OR ANY SEEDTECH STUDIOS AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEEDTECH STUDIOS AND/OR ANY SEEDTECH STUDIOS AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A "TERRORIST SUPPORTING" COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, SEEDTECH STUDIOS AND SEEDTECH STUDIOS AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
You acknowledge and agree that Epic Games Inc., and Epic Games Inc.’s subsidiaries are third party beneficiaries of the Terms, and that upon your acceptance of the Terms, Epic Games Inc. will have the right, and has accepted the right, to enforce the Terms against you as a third party beneficiary thereof.
8. Indemnity
You agree to defend, indemnify and hold harmless SEEDTECH Studios, SEEDTECH Studios Affiliates, and any third-parties under agreement with SEEDTECH Studios, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
You acknowledge, and further agree that SEEDTECH Studios has no obligation to defend, indemnify or hold harmless you in any way related to this agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
This Section shall survive the termination of this agreement.
9. Dispute Resolution
Informal Resolution.
With respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon SEEDTECH Studios’s receipt of Notice from you.
Contact Information.
SEEDTECH Studios can be reached by email at info@seedtech.co.uk
Mandatory Binding Arbitration.
YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE.
You and SEEDTECH Studios both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with SEEDTECH Studios. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and SEEDTECH Studios further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.
10. Miscellaneous
Changes
It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that SEEDTECH Studios may make changes to these Terms of Service at any time, and that Section headings in this agreement are for purposes of convenience only. Unless SEEDTECH Studios states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes.
Complete agreement
This agreement:
Force Majeure
No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, war, terrorism, acts of public enemies, strikes or other labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
Waiver
No act or failure to act by SEEDTECH Studios will be deemed a waiver of any right contained in this agreement, and any waiver by SEEDTECH Studios must be in writing and signed by an officer of SEEDTECH Studios. If SEEDTECH Studios does expressly waive any provision of this agreement, such waiver shall not be a waiver of any other provisions of this agreement, and the waived provision shall not be waived for all time in the future.
Severability
If any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
Remedies
You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to SEEDTECH Studios, entitling SEEDTECH Studios to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by SEEDTECH Studios as a result of a breach of any of the provisions of this agreement.
Governing Law and Venue
Any dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws of United Kingdom without reference to any choice or conflict of laws principles. The Courts of United Kingdom shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or relating to, disputes or claims that might arise under this agreement. Accordingly, the parties consent to the personal jurisdiction of the Courts of United Kingdom, and hereby waive any and all jurisdictional or venue defenses otherwise available to them.
Language
To the fullest extent permitted by law, the controlling language for these Terms of Service is English.
11. Contact information
If you have any questions about these Terms or the Services, please contact SEEDTECH Studios at info@seedtech.co.uk
Please read these Terms of Service and our Privacy Policy carefully before using SEEDTECH Studios Services.
By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with SEEDTECH Studios. If you do not completely agree to these Terms of Service then you must not use any of our Services.
This Agreement is a binding contract between you and SEEDTECH Studios that provides for important rights and obligations. By accessing, browsing, and/or using the Services you represent to SEEDTECH Studios that you have read, understood and agree to be bound by this Agreement and all applicable local, state, national and international laws and conventions, including without limitation all intellectual property laws. SEEDTECH Studios reserves the right, at its sole and absolute discretion, to deny any user access to the Services, without notice. If you violate any of the Terms, we may, at our option, give you a warning notice of violation or terminate your account immediately for violation of the Terms.
1. Definitions
- "Account" means, any account provided by SEEDTECH Studios that you create to access certain Services.
- "Dispute" means, any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and SEEDTECH Studios, claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
- "Intellectual Property Rights" means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
- "Notice" means, a delivered writing by e-mail or courier delivery to the other party at their respective address, and will be effective upon receipt.
- "SEEDTECH Studios" means, SEEDTECH Studios Ltd., located in the United Kingdom. References to "Us," "We," or "Our" means SEEDTECH Studios, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. SEEDTECH Studios does not include SEEDTECH Studios Affiliates or third parties (analytics or ad tech companies, or similar organizations).
- "SEEDTECH Studios Affiliate" (or "SEEDTECH Studios Affiliates") means SEEDTECH Studios’s third-party content providers, distributors, licensees, or licensors.
- "Privacy Policy" means, SEEDTECH Studios’s policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website.
- "Service" (or "Services") means, any website, game, device, platform, content, and other related products and services provided by SEEDTECH Studios and SEEDTECH Studios Affiliates, including without limitation any titles, computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, profile information, and SEEDTECH Studios software clients and server software.
- "Terms of Service" (or "Terms") means, the terms and conditions in this agreement.
- "User Content" means, any and all data that you upload, transmit, or create through the Services, including without limitation forum posts, Account personas, profile information, software, sound, images, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by users to the Services.
2. Ownership and Limited License
a) Ownership
The Services are owned or licensed by SEEDTECH Studios, and are protected by Intellectual Property Rights and other proprietary rights laws. SEEDTECH Studios reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of SEEDTECH Studios.
b) License
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant SEEDTECH Studios policies, SEEDTECH Studios grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment purposes. You agree that you will not use the Services for any other purpose.
c) License Limitations
Any use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at SEEDTECH Studios’s sole judgment, or may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly:
- Partake in any activity or action that SEEDTECH Studios deems to be against the spirit or intent of the Services;
- Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material obtained through the Services;
- Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
- Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;
- Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, SEEDTECH Studios itself or SEEDTECH Studios Affiliates;
- Organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by SEEDTECH Studios;
- Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person’s use or enjoyment of the Services;
- Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, Accounts, or SEEDTECH Studios;
- Use or access services to obtain, generate, or infer any business information about SEEDTECH Studios or SEEDTECH Studios Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;
- Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, errors, or undocumented features, except for the sole purpose of privately and directly notifying SEEDTECH Studios;
- Make available through the Services any material or information that infringes any Intellectual Property Right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and SEEDTECH Studios employees;
- Attempt to gain unauthorized access to Services or Accounts not belonging to you;
- Use the Services where it is prohibited by law.
3. Eligibility to Acccept Agreement and use the Services
You must be at least 13 years of age to access and use the Services. There is no exception to this requirement. SEEDTECH Studios does not knowingly collect any personal information from children under the age of 13 that falls within the Children’s Online Privacy Protection Act and Rule. By your use of the Services, you agree that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms.
If you have previously been banned from using any SEEDTECH Studios Services then you may not use our Services.
4. User Content
To the maximum extent permissible by law, SEEDTECH Studios assumes no responsibility or liability for the conduct of any user submitting any User Content, and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Services is at your own risk, and you are solely responsible for any User Content that you post.
When you transmit or upload User Content, you agree to abide by the following rules:
- All content will be accurate, complete, and free from fraud and deception;
- All content will be free of any Intellectual Property Rights infringement;
- All content will be free from obscenity, threats, defamation, invasion of privacy, and other injuries to third parties;
- All content will be in compliance with these Terms of Service;
- All content will not be in violation of any law, contractual restrictions, or other parties’ rights;
- All content will be free of viruses, adware, spyware, worms, or other malicious code;
- All content will be free of spam, commercial solicitation, chain letters, and mass mailings.
- All User Content that you post will be considered non-confidential. SEEDTECH Studios will only share personal information that you provide in accordance with the Privacy Policy. SEEDTECH Studios is not responsible for any other user or third party’s use or appropriation of any User Content that you have submitted through the Services.
- You hereby grant SEEDTECH Studios a non-exclusive, revocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to use, copy, reproduce, quote, re-post, fix, print, archive, store, modify, adapt, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, syndicate, transfer, translate, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, perform, enter into computer memory, and practice, in any way, your User Content, or any portion thereof, in any manner or form in any medium or format, whether now known or hereafter devised, as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services, and without Notice, payment, or attribution of any kind to you or any third party. Accordingly, you grant to SEEDTECH Studios and SEEDTECH Studios Affiliates all licenses, consents, and clearances necessary to enable SEEDTECH Studios to use User Content for such purposes. You also hereby grant to SEEDTECH Studios the right to authorize others to exercise any of the rights granted to SEEDTECH Studios under this Section. You further hereby grant to SEEDTECH Studios the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. SEEDTECH Studios does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can only revoke this license by sending Notice to the contact listed in Section 9 below.
In compliance with the Digital Millennium Copyright Act, and other similar or equivalent applicable laws, if SEEDTECH Studios is notified that you have infringed the copyrights or other Intellectual Property Rights of others then your access to the Services may be terminated without prior Notice to you. If you believe that your content has been infringed in the Services, please notify us by emailing the following address info@seedtech.co.uk. Note that if you knowingly misrepresent copyright infringement, you may be liable for damages, including costs and attorneys’ fees. Notices submitted to SEEDTECH Studios under this provision should include:
- A description of the Intellectual Property Rights claimed to have been infringed;
- A description of the material claimed to be infringing;
- Your name, mailing address, phone number, and email address;
- A statement by you that:
- You have a good faith belief that Intellectual Property Rights infringement has occurred here; and
- The information in this notification is accurate, and, under penalty of perjury, you are authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed;
- You have a good faith belief that Intellectual Property Rights infringement has occurred here; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed.
5. Term
Unless modified or amended by SEEDTECH Studios, this agreement and its provisions shall remain in effect. Termination of any license granted by SEEDTECH Studios under this agreement does not affect any other provisions of this agreement.
6. Service Availability and Termination
You acknowledge that:
- SEEDTECH Studios may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;
- SEEDTECH Studios has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services, including any and all Accounts, at any time, for any reason, without Notice and without liability to you;
- Access to the Services may be interrupted for reasons within or beyond the control of SEEDTECH Studios, and that SEEDTECH Studios cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
- SEEDTECH Studios may not offer the Services in all countries or geographic locations;
- You are solely responsible for any internet connection and mobile fees that you may incur as a result of using our Services.
7. Warranty and Liability
YOU ACKNOWLEDGE THAT SEEDTECH Studios AND SEEDTECH Studios AFFILIATES ARE NOT LIABLE
- FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
- FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE SERVICES ARE PROVIDED BY SEEDTECH STUDIOS TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEEDTECH STUDIOS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SEEDTECH STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEEDTECH STUDIOS DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF SEEDTECH STUDIOS AND/OR SEEDTECH STUDIOS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO SEEDTECH STUDIOS AND/OR SEEDTECH STUDIOS AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID SEEDTECH STUDIOS OR ANY SEEDTECH STUDIOS AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEEDTECH STUDIOS AND/OR ANY SEEDTECH STUDIOS AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A "TERRORIST SUPPORTING" COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, SEEDTECH STUDIOS AND SEEDTECH STUDIOS AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
You acknowledge and agree that Epic Games Inc., and Epic Games Inc.’s subsidiaries are third party beneficiaries of the Terms, and that upon your acceptance of the Terms, Epic Games Inc. will have the right, and has accepted the right, to enforce the Terms against you as a third party beneficiary thereof.
8. Indemnity
You agree to defend, indemnify and hold harmless SEEDTECH Studios, SEEDTECH Studios Affiliates, and any third-parties under agreement with SEEDTECH Studios, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
- Your failure to comply with any provision of these Terms of Service;
- Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
- Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
- SEEDTECH Studios and SEEDTECH Studios Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge, and further agree that SEEDTECH Studios has no obligation to defend, indemnify or hold harmless you in any way related to this agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
This Section shall survive the termination of this agreement.
9. Dispute Resolution
Informal Resolution.
With respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon SEEDTECH Studios’s receipt of Notice from you.
Contact Information.
SEEDTECH Studios can be reached by email at info@seedtech.co.uk
Mandatory Binding Arbitration.
YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE.
You and SEEDTECH Studios both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with SEEDTECH Studios. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and SEEDTECH Studios further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.
10. Miscellaneous
Changes
It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that SEEDTECH Studios may make changes to these Terms of Service at any time, and that Section headings in this agreement are for purposes of convenience only. Unless SEEDTECH Studios states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes.
Complete agreement
This agreement:
- Is the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous agreements and understandings with respect thereto;
- May not be changed, amended, or in any manner modified by you except as authorized in a writing signed by both parties’ authorized agents;
- Is not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer this agreement or any interest herein is void; and
- Shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns.
Force Majeure
No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, war, terrorism, acts of public enemies, strikes or other labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
Waiver
No act or failure to act by SEEDTECH Studios will be deemed a waiver of any right contained in this agreement, and any waiver by SEEDTECH Studios must be in writing and signed by an officer of SEEDTECH Studios. If SEEDTECH Studios does expressly waive any provision of this agreement, such waiver shall not be a waiver of any other provisions of this agreement, and the waived provision shall not be waived for all time in the future.
Severability
If any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
Remedies
You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to SEEDTECH Studios, entitling SEEDTECH Studios to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by SEEDTECH Studios as a result of a breach of any of the provisions of this agreement.
Governing Law and Venue
Any dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws of United Kingdom without reference to any choice or conflict of laws principles. The Courts of United Kingdom shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or relating to, disputes or claims that might arise under this agreement. Accordingly, the parties consent to the personal jurisdiction of the Courts of United Kingdom, and hereby waive any and all jurisdictional or venue defenses otherwise available to them.
Language
To the fullest extent permitted by law, the controlling language for these Terms of Service is English.
11. Contact information
If you have any questions about these Terms or the Services, please contact SEEDTECH Studios at info@seedtech.co.uk