TERMS AND CONDITIONS
Welcome to Seeds and Spades!
These are the terms and conditions for:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, CONTENT, PRODUCTS OR SERVICES.
ACCEPTANCE OF TERMS
These terms set forth legally binding terms. By using Seeds and Spades, you agree to be bound by these terms. If you do not accept the terms of this agreement, you should leave Seeds and Spades website immediately. We may modify these terms from time to time, and such modification shall be effective upon its posting on Seeds and Spades. You agree to be bound by any modification to this agreement when you use Seeds and Spades after any such modification is posted; it is therefore important that you review these terms regularly.
You represent and warrant that your use of the services does not violate any applicable law or regulation. Seeds and Spades may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website and the services is revoked in such jurisdictions.
By providing Seeds and Spades with your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request via the contact information. Opting out may prevent you from receiving emails about updates, upgrades or offers.
You may use the website and services only if you can form a binding contract with Seeds and Spades, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of the services for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our website and content. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
You represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
Even though we work very hard to provide you with up-to-date information, we make no representations or warranties of any kind (expressed or implied) about the completeness, accuracy, reliability, suitability or availability of any information, products, services or related images, photographs, graphics contained on Seeds and Spades website for any purpose. Our aim to provide you with accurate information at the time of publishing, but some information will understandably be less accurate as time passes. Should you find any inaccurate information, please do not hesitate to contact me, and we can update said info as soon as possible.
Even though Seeds and Spades may receive compensation for posts or purchases made through use of affiliate links, all opinions, recommendations, findings, beliefs, or experiences on those topics or products are based on the experience of the writer and are true to the best of our knowledge. Any product claim, statistic, quote or other representation about a product or service should be independently verified with the manufacturer, provider, or party in question.
Seeds and Spades provides affiliate links to websites selling different products (Amazon). Seeds and Spades is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products and offerings published in these websites. You should carefully review their shipping and refund policy, privacy statements and other conditions of use.
Through these affiliate links, Seeds and Spades can receive some monetary compensation. Every time users enter through affiliate links and buy a product or service; Seeds and Spades will receive a percentage of the sale as a commission.
Seeds and Spades is not responsible for defective products, lost shipments, returns and any other claim related to the purchase of products through affiliate links.
Seeds and Spades has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the website or any business transaction that occurs as a result of products listed on the website. The purchase of products through affiliate links is at your own risk and responsibility.
LICENSE TO USE THE PLATFORM
Seeds and Spades gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Seeds and Spades as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Seeds and Spades, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The User agrees not to use the website negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Seeds and Spades website or third parties.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
Unless otherwise stated, as above, all content on Seeds and Spades website is exclusive content of its owner. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Seeds and Spades or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Seeds and Spades and protected by international copyright laws. All software used on this site is the property of Seeds and Spades or its software suppliers and protected by international copyright laws.
You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.
Seeds and Spades respects the intellectual property of others, and expects users to do the same. Seeds and Spades complies with the regulations and laws protecting intellectual property, any use or infringement of our content to the copyrights of third parties, would only be made by mistake. At no time does Seeds and Spades intend to take unfair advantage of the copyrights of third parties.
If you believe, in good faith, that any materials provided on or in connection with the Seeds and Spades website infringe upon your copyright or other intellectual property right, please send the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that Seeds and Spades may find it on Seeds and Spades website. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Seeds and Spades or licensed to the Seeds and Spades by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
- Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Seeds and Spades;
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
- Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of the services for any purpose without our express written permission;
- “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Seeds and Spades in connection with the services;
- Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content;
- Download any Content unless it’s expressly made available for download by Seeds and Spades.
DISCLAIMER OF WARRANTIES
Seeds and Spades will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.
Because of the nature of the Internet, Seeds and Spades provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Seeds and Spades for any loss or damage caused as a result.
Seeds and Spades will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Seeds and Spades excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Seeds and Spades and Seeds and Spades shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on Seeds and Spades.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the website.
- Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website, or from transmissions via emails or attachments received from Seeds and Spades.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
SEEDS AND SPADES AND THIRD PARTIES
Seeds and Spades contains Content of third-party licensors to Seeds and Spades, which is protected by copyright, trademark, patent, trade secret and other laws. Seeds and Spades owns and retains all rights, title and interest in the Content. Seeds and Spades hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through Seeds and Spades or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Seeds and Spades and using the Service.
Any dealings with third parties included within or on Seeds and Spades involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Seeds and Spades is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Seeds and Spades does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Seeds and Spades or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Seeds and Spades is provided to you for informational purposes only. Seeds and Spades encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Seeds and Spades works to ensure the information on Seeds and Spades is current and accurate.
The services and use of the website may not be used in connection with any commercial purposes, except as specifically approved by Seeds and Spades. Unauthorized framing of or linking to any of Seeds and Spades content and services is prohibited.
You understand that Seeds and Spades and software embodied within Seeds and Spades may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Seeds and Spades and/or content providers who provide content to Seeds and Spades. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Seeds and Spades.
No responsibility will be accepted by Seeds and Spades for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify Seeds and Spades from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the Seeds and Spades website.
CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users and visitors. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Seeds and Spades without restriction.
You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Seeds and Spades website, will be settled by binding arbitration between you and Seeds and Spades, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Seeds and Spades are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Seeds and Spades otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
These terms are governed by the USA law. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this paragraph.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
The English version shall prevail of all legal statements, statutory declarations made by Seeds and Spades, including the present Agreement. Seeds and Spades does not accept any kind of legal claims, or other complaints for the misunderstandings as a result of any mistranslation.
Any rights not expressly granted herein are reserved.
Our mailing address is:
Seeds and Spades
P.O. Box 3205
Rockford, IL 61106