WeSeed Terms of Use

This website, located at www.WeSeed.com ("Site") is owned by WeSeed, LLC ("WeSeed"), a subsidiary of PEAK6 Investments, L.P. Your use of this Site and the information, content and services available through this Site are subject to these Terms of Use ("Terms").

We may update these Terms from time to time without notice. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. If you do not agree to any of these Terms, please do not use the Site. You can review the most current version of the Terms of Use agreement at any time at http://www.weseed.com/termsOfUse.html.  These Terms apply to our Privacy Policy and all other policies relating to the use of this Site.

WeSeed may, at its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that WeSeed will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

You affirm that you are over the age of 13.  If you are under 13 years of age, you may not access or use the Site absent the consent of a parent or guardian.

Not Investment Advice

WeSeed Content is provided for informational purposes only, and no WeSeed Content nor any other aspect of this Site is intended for trading or investing purposes. WeSeed is not rendering investment advice for compensation and is not registered as an investment adviser with any regulatory authority. WeSeed and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and shall not be responsible or liable for any trading or investment decisions based on such information.

Legal Notices

We post legal notices on pages of the Site. You shall not remove these notices or credits, or any additional information contained along with the notices and credits.  The Site may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of WeSeed or other parties.  No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of WeSeed is granted to or conferred upon you. 

WeSeed Content

Content on this Site that is provided by WeSeed or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("WeSeed Content") is the property of WeSeed and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You are authorized to access and use the Site and related WeSeed Content as set forth in these Terms, provided that:  (i) your use of the Site and WeSeed Content as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not copy, distribute or transfer any portion of the Site or WeSeed Content on any media without WeSeed's prior written or electronic approval; (iii) you will not alter, adapt or otherwise modify any part of the Site or WeSeed Content other than as may be reasonably necessary to use that part of the Site or WeSeed Content for its intended purpose; and (iv) you will otherwise comply in full with these Terms.

User Content

The Site may now or in the future permit the submission of text, files, images, photos, video, sounds, musical works, works of authorship, text postings, and other materials and content ("User Content") by you and other users on certain areas of our Site.

The nature of this Site is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary and may be preserved or disclosed by WeSeed at our discretion.

You shall be solely responsible for any User Content you submit and the consequences of posting or publishing it.  With respect to any User Content you submit, you affirm, represent and warrant that:  (i) you own or have the necessary licenses, rights, consents or permissions to use and authorize WeSeed to use all patent, copyright, trade secret and trademark rights or other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Site and these Terms; and (ii) you have the written consent, release and/or permission of each identifiable individual person in your User Content to use the name, likeness or other personal characteristics of each such identifiable individual to enable inclusion and use of such User Content in the manner contemplated by the Site and these Terms. 

As between you and WeSeed, you shall retain all of your ownership rights in and to the User Content you generate on our Site.  However, by submitting User Content to WeSeed, you hereby grant WeSeed a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media), the User Content, in whole or in part, including future rights that WeSeed (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. 

You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, access, reproduce, distribute, transmit, forward, display and perform such User Content, in whole or in part, to the extent permitted by the Site under these Terms (the "User License").  This User License granted by you will terminate as to your removable User Content once the particular User Content is removed or deleted from the Site.  Not all User Content you may post or information about your trading activity on the Site can be removed by users, so please keep this in mind when accessing our Site.

In addition, WeSeed will have the right to refuse, remove or delete any User Content which it reasonably considers to violate these Terms or to otherwise be illegal or objectionable.

Posting User Content-The WeSeed Posting Rules / Acceptable Use Policy

Your posting of User Content is subject to these Terms, any additional terms posted for a specific feature, as well as the following submission rules ("Posting Rules"), to which you agree to adhere through your use of the Site:

• By contributing this content you are affirming that you are 13 years old or more, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with these Terms.

• You agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by WeSeed.

• You will not post any content that contains personal information about any other individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including-without limitation-the personnel of WeSeed.

• You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other content transmitted through the Site.

• You will not misrepresent an affiliation with another person or organization, nor will you post any content that that infringes any copyright, trademark, patent, trade secret, or otherwise subject to intellectual property rights of a third party.

• You will not use this Site to harm minors in any way or to send any content that we deem in our sole discretion to be inappropriate for minors, offensive, or incompatible with the character or subject matter of this Site.

• You will not upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other material that contains business solicitations of any type, including advertising a product or service or offering a product or service for sale.

• You will not post any software to the Site, nor will you post links to online locations or post files that do not comply with these Terms, and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Site.

• You will not modify in any way any specifications, technology, or application codes provided to you by WeSeed or as embedded in the User Content unless expressly authorized in writing by WeSeed.

• You will not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law.

• You will not collect any personal information about other users.

• You will not share or transfer passwords or other access information with any other party, temporarily or permanently.

• You will not use the Site or any WeSeed Content in any way that harms any user of WeSeed.
• You will not use the Site in any manner that could overburden, or impair the Site (or the networks or systems connected to the Site).
• You may not use any device, software or instrumentality to interfere with the proper working of our Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

WeSeed may cancel your account and delete User Content associated with your account at any time without notice, if WeSeed deems in its sole discretion that you have violated these Terms, the Posting Rules, the law, or for any other reason. WeSeed assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

You understand that WeSeed has no responsibility to monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, please e-mail compliance@WeSeed.com.

No Infringing Use

WeSeed respects the intellectual property of others, and we expect our users to do the same.  It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the Site who infringe or repeatedly infringe the copyrights or other intellectual property rights of WeSeed or other rights owners.

DMCA Notice

            If you are a copyright owner or an agent thereof and believe any User Content or other WeSeed Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to our Designated Copyright Agent ("Designated Copyright Agent") containing the following information:

            (i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;

            (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

            (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

            (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

            (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

            (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For assistance with this process, please review our more detailed Copyright Complaint Process and follow the instructions for contacting our Designated Copyright Agent provided therein. We have also provided a form to assist you with sending us the information necessary for us to remove any infringing content. This form also provides additional information about our Copyright Complaint Policy.

You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and we may not be able to remove infringing content.

Security

You are solely responsible for protecting the security and confidentiality of your password, and are accountable for any activity undertaken through your WeSeed account. 

You shall not violate or attempt to violate the security of the Site.  Violations of system or network security may result in civil or criminal liability.  WeSeed reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with, law enforcement authorities in prosecuting users who have participated in such violations.

Communications

With respect to all communications with WeSeed, including but not limited to feedback, questions, comments, suggestions and the like:  (i) you shall have no right to confidentiality in your communications and WeSeed shall have no obligation to protect your communications from disclosure; (ii) WeSeed shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) WeSeed shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Your Account

You represent that any information you post or provide to WeSeed by means of this Site, including, without limitation, as part of any registration, application or inquiry, is true, accurate, not misleading and offered in good faith. 

You may never use another user's account without permission.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.  You must notify WeSeed as soon as possible of any breach of security or unauthorized use of your account.

Sweepstakes, Promotions and Contests

We may from time to time offer promotions, contests or sweepstakes. Please note that the particular terms for any such promotions, contests or sweepstakes or other features or activities may differ from the Terms of our Site. If different or additional terms apply, they will be posted in a manner that makes it clear that such rules or terms apply to the applicable service.

Privacy

Your privacy is important to us.  Our Privacy Policy is incorporated in this Agreement by reference and is subject to these Terms.  To review the WeSeed Privacy Policy, click here.

Indemnity

You agree to indemnify and hold WeSeed and its agents and licensors harmless from any claim or demand, including costs or attorneys' fees, made by any third party due to or arising out of User Content or other content you submit, post to or transmit through the Site, your violation of these Terms, or your violation of any rights of another person or entity.

Warranty Disclaimer

YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  WESEED MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS.  ALL SITE INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION.  WESEED DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WESEED BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO THESE TERMS, USE OF OR THE OPERATION OF THE SITE.  YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE TO RECOVER MONEY, IF ANY, THAT YOU PAID TO WESEED, OR $250, WHICHEVER IS LESS, AND FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.

Limited Time to Bring Your Claim

You and WeSeed agree that any cause of action arising out of or related to the Site or any Site Information must be commenced within one (1) year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

No Error Free Performance

We customarily release alpha and beta versions of our Site and products, which are further refined before a final version is released. Because these products are still in a test phase, we may not always catch an unintended discrepancy between these Terms and the products and services we offer.

WeSeed does not guarantee error-free performance under these Terms. We will use reasonable efforts to comply with our policies and will take prompt corrective action when we learn of any inconsistencies.

Miscellaneous

Both you and WeSeed acknowledge and agree that no partnership is formed, and neither of you nor WeSeed has the power or the authority to obligate or bind the other.

These Terms will be governed by and construed in accordance with the laws of the State of Illinois without regard to conflicts-of-laws principles. By using this Site, you hereby agree that the exclusive jurisdiction for any and all disputes regarding these Terms shall lie in the federal, state, and local courts of Illinois.

These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

If WeSeed fails to act with respect to your breach or anyone else's breach on any occasion, WeSeed is not waiving its right to act with respect to future or similar breaches.

The failure of WeSeed to comply with the Terms of Use because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of WeSeed, shall not be deemed a breach of these Terms.

These Terms constitute a binding agreement between you and WeSeed, and are accepted by you as a condition for your use of the Site or your account. These Terms constitute the entire agreement between you and WeSeed regarding the use of the Site and your account.