Website Terms of Use, Conditions and Limited License

August 1, 2009

1.   Your Acceptance.

1.1.   Generally.  By using and/or visiting this website (including all Content (defined below) and the functionality available through the http://www.seambi.com domain name, collectively, the "Website"), whether as a user, a visitor or a Customer (defined below), as well as by purchasing, selling or distributing Insertions (defined below) or any other goods or services of SeamBI, Inc. ("SeamBI"), you signify your agreement to: (i) the terms and conditions set forth in this Website Terms of Use, Conditions and Limited License (these "Terms of Service"); and (ii) SeamBI's Privacy Notice, found at http://www.SeamBI.com/terms_and_privacy (the "Privacy Notice") and incorporated herein by this reference. If you do not agree to any of the terms and conditions set forth in these Terms of Service or the Privacy Notice, please do not use the Website or purchase, sell or distribute Insertions or any other SeamBI goods or services.

1.2.   Updates.  Although SeamBI may (but shall not be obligated to) attempt to notify you when changes are made to these Terms of Service, you should periodically review the most up-to-date version found at http://www.SeamBI.com/terms_and_privacy. SeamBI may, in its sole discretion, modify or revise these Terms of Service and the terms, conditions and policies of its services and the Website from time to time and at any time.  By you continuing to use and/or visit the Website, or by continuing to purchase, sell or distribute Insertions or any other goods or services of SeamBI, whether as a purchaser, seller or distributor, you accept and agree to be bound by all such modifications and revisions. It is therefore important that you review these Terms of Service regularly. If you do not agree to be bound by these Terms of Service or any updates thereto and to abide by all applicable laws, please immediately stop using the Website and stop purchasing, selling or distributing, as applicable, Insertions and all other SeamBI goods and services. 

1.3.   Controlling Agreement.  Unless SeamBI shall have executed and delivered a written agreement with you (the "Stand-Alone Agreement") (in which case the Stand-alone Agreement shall be controlling to the extent of any conflict with these Terms of Service), these Terms of Service shall constitute a valid and binding legal agreement between you and SeamBI with regard to the Website and the goods and Services provided by SeamBI and shall be binding upon you and govern your use of the Website and all purchases and dealings amongst you and SeamBI.  Except in the case of the Stand-Alone Agreement, if any, these Terms of Service supersede all prior negotiations, understandings and agreements between you and SeamBI on all matters relating to the Website and the goods and services to be provided by SeamBI, such that no prior agreement or understanding (other than the Stand-Alone Agreement, if any) pertaining to any such matter shall be effective for any purpose.  No oral agreement shall be binding on SeamBI unless and until written and executed and delivered by an authorized officer of SeamBI.  These Terms of Service may not be modified, supplemented, restated, amended or altered except by SeamBI as set forth in Section 1.2 above, or pursuant to an individual written instrument executed and delivered by an authorized officer of SeamBI.  These Terms of Service are referred to in some Stand Alone Agreements as the "Website License."  Notwithstanding the foregoing, however, no license is granted to any party except as may be set forth in the Stand Alone Agreement, if any, or as is set forth expressly below.

2. Website.

2.1.   Generally.  These Terms of Service apply to all users of the Website, including, without limitation, all users who are purchasing, selling, distributing, reviewing, and approving Insertions, and otherwise purchasing, selling or distributing any of SeamBI's goods or services (the term "you" throughout these Terms of Service generally apply to each of the foregoing, except where the context dictates otherwise).  The Website includes all aspects of SeamBI, including, without limitation, all products, software and services offered via the website http://www.seambi.com, such as the SeamBI Uploader and other applications.  Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits except as expressly stated herein.

2.2.   Links to Third-Party Websites.  The Website may contain hyperlinks or other links to third-party websites that are not owned or controlled by SeamBI.  SeamBI has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third-party websites.  In addition, SeamBI will not and cannot censor or edit the content of any third-party website.  By using the Website, you expressly relieve the SeamBI Parties (defined below) from any and all liability arising from your use of any third-party website.  Accordingly, we encourage you to be aware when you are selecting any such hyperlink or otherwise leaving the Website, and to read the terms and conditions and privacy policy of each other website that you visit.

2.3.   Electronic Communication.  When you visit the Website or send e-mails to SeamBI, you are communicating with SeamBI electronically.  You consent to receive communications from SeamBI electronically. SeamBI will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that SeamBI provides to you electronically satisfy any and all legal requirements that such communications be in writing. 

2.4.   Copyright.  You agree that all content included on the Website, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, Avails, Avail Demos, avail Captures, Insertion Captures, data compilations, and software, is the property of SeamBI, the Distributor (defined below) or the Content Group (defined below), and is, in each case, protected by United States and international copyright laws.  The compilation of all content on the Website is the exclusive property of SeamBI and is protected by U.S. and international copyright laws. All software used on the Website is the property of SeamBI or its software suppliers and protected by United States and international copyright laws.

2.5.   Trademarks.  SeamBI, seambi.com, http://www.seambi.com, and other SeamBI and seambi.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of SeamBI in the U.S. and/or other countries.  SeamBI's trademarks and trade dress may not be used in connection with any product or service that is not SeamBI's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SeamBI.  All other trademarks not owned by SeamBI that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SeamBI.  None of the SeamBI Parties makes any representation or warranty concerning, nor assumes any liability for, the infringing or non-infringing nature of any trademarks which appear on the Website but are not owned by SeamBI.

2.6.   Patents.  One or more patents owned by SeamBI apply to the Website and to the features and services accessible via the Website.  Portions of the Website operate under license of one or more patents.  Except as set forth below, nothing contained in these Terms of Service or any act or omission, purchase or sale, shall confer upon you any rights in, to, or with respect to any such patents.

2.7.   License and Site Access.  The Website contains Content which is protected by copyright, trademark, patent, trade secret and other laws.  SeamBI grants you a limited, revocable, non-sublicensable license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except as permitted by the Website or with the prior express written consent of SeamBI. This license does not include any resale or commercial use of the Website or its contents except as permitted by the Website; any collection and use of any data, descriptions, or Content; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools.  You agree not to use the Website for any purpose other than as permitted on the Website, including unauthorized commercial purposes, such as co-branding, framing linking, or reselling any portion of the Website or its Content without SeamBI's prior written consent.  The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose except as permitted by the Website without the prior express written consent of SeamBI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the Website without express written consent. You may not use any meta tags or any other "hidden text" utilizing the name SeamBI, the Distributor or the Content Group, or trademarks of such parties without the express written consent of such party.  Any unauthorized use terminates the permission or license granted by SeamBI hereunder.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of http://www.seambi.com so long as the link does not portray SeamBI, or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and so long as the link does not include your user ID and/or password or otherwise grant access to the secure portion of the Website or otherwise compromise the security of the Website.  You may not use any SeamBI logo or other proprietary graphic or trademark as part of the link without express written permission from SeamBI.  If you violate any of the terms or conditions of these Terms of Service or if your account is otherwise suspended or terminated, the aforementioned limited license will immediately terminate. 

2.8.   Computer Equipment, Browser Access and Internet Services. You are responsible for obtaining, installing, maintaining and operating all software, hardware and other equipment (collectively, your "System") necessary for you to access and use the Website.  This responsibility includes, without limitation, your utilizing an up to date web-browser and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges.  You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks, including, but not limited to those SeamBI may disclose from time to time. You acknowledge that you are responsible for the data security of the Systems you use to access the Website, and for the transmission and receipt of information using such Systems.  You acknowledge that you have requested use of the Website for your business purposes, have made your own independent assessment of the adequacy of performance and security of the Internet and Systems and that you are satisfied with the results of such assessments.  None of the SeamBI Parties shall be responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems nor shall any of the SeamBI Parties be responsible for notifying you of any upgrade, fix, or enhancement to, or for providing technical or other support for, any of your Systems.  Although the Website may from time to time provide a link to a third-party website where you may download software, SeamBI makes no endorsement of any specific software, hardware or Internet service provider and your use of any such software, hardware or service may also be subject to the license and/or other agreements of that provider, in addition to the terms and conditions of these Terms of Service.

2.9.   Third-Party Software.  Certain portions of the Website and certain software used in connection with the Website may be licensed by SeamBI and may consist of the copyrights, trademarks, service marks, trade names or other intellectual property of third parties who may or may not be affiliated with SeamBI.  This software is provided for the convenience of users of the Website as has been authorized by the owners of the software.  While you may use such third-party software in connection with your use of the Website, you may not use such software or any third-party intellectual property for any other purpose without the owner's express authorization.

3.   SeamBI Accounts.

3.1.   Generally.  In order to access the Website, you will need to create a SeamBI account with a user ID and password.  The Website is not available to the general public and, because access to the Website is limited, application for a SeamBI account does not automatically mean that you shall be afforded a SeamBI account.  Issuance of accounts to users shall be at the sole discretion of SeamBI.  In addition, not all SeamBI accounts will afford the user access to all areas and/or functions of the Website, and such limitations shall be implemented and may be revised by SeamBI in its sole discretion based upon the function and role of the user in the sales process, as well as other factors. 

3.2.   Use and Responsibility.  You may never use another user's account without permission. When creating your account, you must provide accurate and complete information.  You represent and warrant that all information provided by you is complete and accurate and you covenant that you will update and maintain the accuracy of such information.  If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you are solely responsible for all of the activity that occurs on your account. All purchases, approvals and submissions made using your account will be presumed to have been authorized and made by you and will be binding on you for all purposes, whether or not they were authorized by you, unless you shall have previously notified SeamBI in writing of any breach of security on your account or unauthorized access of your account. You must notify SeamBI immediately of any breach of security on or to your account by email to contact@seambi.com.  Although none of the SeamBI Parties, the Distributor or the Content Group will be liable for any loss caused by any unauthorized use of your account, you may be liable for the losses of the SeamBI Parties, the Distributor, the Content Group and/or others due to such unauthorized use.

3.3.   Fees. You acknowledge that SeamBI reserves the right to charge for any portion of the Website and to change its fees (if any) from time to time in its discretion. If SeamBI terminates your account because you have breached these Terms of Service or otherwise, you shall not be entitled to the refund of any unused portion of fees or payments (if any) you shall have made prior to the time of termination.

4.   General Use of the Website – Permissions and Restrictions.

4.1.   Generally.  SeamBI hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that you agree to the following:

            (a)       Without SeamBI's prior written authorization, you shall not distribute or otherwise disseminate, in any medium or by any means, any Content or part of the Website, excluding the low-resolution electronic files of each location in each clip for SeamBI's dynamic product placement (each, an "Avail") containing an on-screen placeholder or Customer Art (defined below) inserted to demonstrate the location for the dynamic product placement (each, an "Avail Demo") except as such is distributed as permitted through the Website.

            (b)       Without SeamBI's prior written authorization, you shall not distribute or otherwise disseminate, in any medium or by any means, the low-resolution watermarked screen capture still image of each Avail clip with a placeholder for the Avail (each, an "Avail Capture"), or the low-resolution watermarked screen capture still image of each Avail clip with integrated Customer Art (each, an "Insertion Capture"), except as such is distributed as permitted through the Website, or except as such may be used for sales purposes as contemplated by the Website;

            (c)        You shall not distribute or otherwise disseminate, in any medium or by any means, any Avail Demo, except as permitted through the Website, without the prior written authorization of SeamBI, the distributor or syndicator of the television series or other content relating to the Avail Demos (the "Distributor"), if any, the owner of the copyright and creative rights of the television series or other content relating to the Avail Demos (collectively, the "Content Group") and each customer who purchases Insertions (each, as well as prospective customers, a "Customer"), whose Customer Art is contained in each such Avail Demo.

            (d)       You shall not distribute or otherwise disseminate, in any medium or by any means, any content or other materials owned by the Content Group (collectively "Content Group Materials"), except as permitted through the Website, without the prior written authorization of the Distributor and/or the Content Group.

            (e)       You shall not distribute or otherwise disseminate, in any medium or by any means, any content or other materials owned or licensed by the Distributor (collectively, the "Distributor Materials"), except as permitted through the Website, without the prior written authorization of the Distributor.

            (f)        You shall not distribute or otherwise disseminate, in any medium or by any means, any Customer Art, except as permitted through the Website, without the prior written authorization of the Customer who owns or has licensed such Customer Art.

            (g)       You shall not alter, modify or corrupt any part of the Website, including but not limited to the SeamBI Uploader, the embedded player or any other technology, or otherwise attempt to impair any of the Content or functionality of the Website or any of the SeamBI Parties' servers, and you shall not use, attempt to use or distribute tools designed for compromising security or take action to compromise the security of the Website or the SeamBI Parties' servers.  Examples of these tools include, but are not limited to, password guessing programs, cracking tools, and network probing tools.

            (h)       You shall not, using the same computer that you use to access the Website, partake in any activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.

            (i)         You shall not transmit to the Website or otherwise distribute one or more viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other technologies that may harm the Website, the SeamBI Parties' servers or the interests or property of the SeamBI Parties, the Distributor, the Content Group or the other users of the Website.

            (j)         You shall not afford any party, including, without limitation any Customer, unsupervised access to the Website using your account or otherwise.

            (k)        Except as expressly permitted by these Terms of Service, you shall not 'hotlink,' or otherwise embed in any other website, any link to the Website or any page or Content within the Website, and you may not incorporate any of the Content into, or stream or retransmit any of the Content via, any hardware or software application or make it available via frames or in-line links.

            (l)         You shall not access the Website, any Avail Demos, any Avail Captures, any Insertion Captures, any Customer Art, any Content Group Materials, any Distributor Materials, or any other Content through any technology or means other than through the Website login portal using your own account, or such other means as SeamBI may explicitly authorize or designate.

            (m)      You shall not use the Website, any Avail Demos, any Avail Captures, any Insertion Captures, any Customer Art, any Distributor Materials, any Content Group Materials or any other Content for any use or purpose, commercial or otherwise, other than the sale of Insertions and related support services, without the prior written authorization of SeamBI, the Distributor and/or the Content Group. Prohibited uses include any of the following actions taken without the express prior approval of SeamBI, the Distributor and/or the Content Group, as applicable:

                        (1)       sale of access to the Website, any Avail Demos, any Avail Captures, any Insertion Captures, any Customer Art, any Distributor Materials, any Content Group Materials or any other Content or related services on another website;

                        (2)       use of the Website, any Avail Demos, any Avail Captures, any Insertion Captures, any Customer Art, any Distributor Materials, any Content Group Materials or any other Content or related services for any purpose other than the sale of Insertions and related support services, such as for the purpose of gaining advertising or subscription revenue for any other website;

                        (3)       any use of the Website, any Avail Demos, any Avail Captures, any Insertion Captures or any other Content or related services that SeamBI finds, in its sole discretion, to use SeamBI's resources or technology with the effect of misusing the Website, any SeamBI technology, any Avail Demos, any Avail Captures, any Insertion Captures, any Customer Art, any Distributor Materials, or any Content Group Materials;

                        (4)       any use of any Avail Demos, any Avail Captures, any Insertion Captures, any Customer Art or any Content Group Materials that the Content Group finds, in its sole discretion, to be a misuse of any of the foregoing; and

                        (5)       any use of any Avail Demos, any Avail Captures, any Insertion Captures, any Customer Art, any Distributor Materials or any Content Group Materials that the Distributor finds, in its sole discretion, to be a misuse of any of the foregoing.

            (n)       SeamBI may, from time to time, automatically download and install on your System updates to the SeamBI Uploader and any other software and applications used by the Website or otherwise necessary to effectuate the purposes and uses of the Website. These updates are designed to improve, enhance and further develop such software and applications, and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit SeamBI to deliver these to you) as part of your use of the Website.

            (o)       You shall not use or launch any automated system, including without limitation, "robots," "bots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the SeamBI Parties' servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.  You shall not "flood" or disrupt the Website through any means or process.

            (p)       You shall not collect, scrape or harvest any personally identifiable information, including account names, from the Website, nor use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes other than as permitted by the Website. 

            (q)       You shall not take any screen captures or 'grabs' of any Content, the Website or any part thereof, or otherwise copy, publish, create derivative works of, translate, mimic or use any Content or the design or features of the Website or any part thereof (including, without limitation, stills, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise) except as may be permitted by the Website.

            (r)        You shall not remove any watermarks, any proprietary notices or labels, or any other warnings or notifications from any Avail Demo, Avail Capture or Insertion Capture.

            (s)        You shall not attempt to disable, alter, bypass, remove, modify, defeat, avoid, interfere with or otherwise circumvent any copyright, trademark, or other proprietary notices marked on any Content or any digital rights management mechanism, device, or other content protection or access control measure used on the Website, or in or with any Avail Demo, Avail Capture or Insertion Capture including geo-filtering mechanisms.

4.2.   Right to Modify.  You understand and agree that SeamBI reserves the right, at any time and without notice to you, to introduce new features to the Website and/or modify, suspend or delete existing features in SeamBI's sole discretion, and none of the SeamBI Parties, the Distributor or the Content Group will be liable to you should SeamBI exercise such rights, even if your use of the Website or sales of Insertions is impacted by any such change.  By using any new or modified features when they become available, you agree to be bound by the terms of use concerning such new features.

4.3.   Records & Communications.  SeamBI's records, kept in the regular course of business, shall be presumed to accurately reflect the contents of your instructions to SeamBI and, in the absence of manifest error, will be binding and conclusive.  Unless otherwise prohibited by law, any communication or material you transmit to SeamBI via the Website or electronic mail is on a non-confidential basis and SeamBI, the Distributor and the Content Group may use such communication or material for any purpose consistent with SeamBI's Privacy Policy, including reproduction, publication, broadcast and posting.

4.4.   Special Provisions for Business Users.  Any account SeamBI provides to you is provided to you in your capacity as a representative of the business registered with the Website only, and may not be retained by you after any termination of your relationship with such business.  Business users agree to inform SeamBI immediately by email to contact@seambi.com if a person with access to a SeamBI account leaves the employ of the business to which that account has been assigned where, within a reasonable period of time, SeamBI shall terminate such user's Website account.  Unless and until SeamBI receives such notice, all users will be deemed to be fully authorized and their actions on the Website, even if such are unauthorized, shall nonetheless be binding upon their current (of former, if applicable) business.  In no event, will any of the SeamBI Parties, the Distributor or the Content Group be liable to you, your Customer or any other party for any Damages (defined below) arising or relating to any matter pertaining to actions taken by, and omissions of, any user who has been terminated by their employer unless a reasonable amount of time passed after SeamBI received the aforementioned emailed notice of termination and SeamBI did not terminate such user's Website account.  In addition to the foregoing, you agree to Indemnify the SeamBI Parties, the Distributor and the Content Group from any and all Damages relating to any matter pertaining to actions taken by, and omissions of, any user who has been terminated by their employer unless a reasonable amount of time passed after SeamBI received the aforementioned emailed notice of termination and SeamBI did not terminate such user's Website account.

4.5.   Cookies.  The Website uses cookies.  Please see the Privacy Notice for an explanation and description of the Website's use of cookies.

5. Your Use of Content on the Website

   5.1.   Generally.  In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Website:

            (a)       All content on the Website, including without limitation, the text, software, scripts, graphics, data, files, photos, sounds, music, videos, interactive features and the like, Avail Demos, Avail Captures and Insertion Captures (collectively, "Content") and the trademarks, service marks and logos contained therein (collectively, "Marks"), are owned by or licensed to SeamBI, the Content Group, the Distributor and/or the Customers, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS, WHERE IS and AS AVAILABLE for your information and business use only and may not be used, downloaded, copied, reproduced, distributed, transmitted, re-transmitted, broadcast, displayed, sold, licensed, or otherwise exploited in any manner not intended by the normal functionality of the Website for any other purposes whatsoever except as expressly permitted by the Website, without the prior written consent of the respective owners of the Content.  Each of the SeamBI Parties, the Distributor and the Content Group reserves all rights not expressly granted in and to the Website and the Content, including, without limitation, all of the Marks owned by each such party.  The Content Group reserves all rights not expressly granted in and to the Content owned or licensed by the Content Group, including, without limitation, all of the Marks owned by the Content Group (collectively, the "Content Group Materials").  The Distributor reserves all rights not expressly granted in and to the Content owned or licensed by the Distributor, including, without limitation, all of the Marks owned by the Distributor (collectively, the "Distributor Materials").  Each Customer reserves all rights not expressly granted in and to their artwork (including, without limitation, logos and other brand artwork) to be integrated into Insertions, including, without limitation, all of the Marks owned by each Customer (collectively, the "Customer Art").

            (b)       You may access all Website Content for your business information and use solely as intended through the provided functionality of the Website and for the purposes permitted by the Website.  You shall not copy, translate or download any Website Content unless you see a "download" or similar link displayed on the Website for that item.

            (c)        You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

            (d)       You shall not: (i) disassemble, decompile, or reverse engineer, reverse compile or modify the object code of any software on or used in connection with the Website, including without limitation, the SeamBI Uploader, or otherwise attempt to learn the source code of same; (ii) disassemble, decompile, or reverse engineer, reverse compile or modify any intellectual property of the SeamBI Parties used in connection with the Website, or otherwise attempt to learn the source code, object code or any other aspect of same; or (iii) copy, distribute or transfer any such software or intellectual property to any party.

            (e)       You understand that when using the Website, you will be exposed to Content from a variety of sources and that SeamBI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such non-SeamBI Content.  You further understand and acknowledge that you may be exposed to Content that may be inaccurate, offensive, indecent (either generally or as defined in your locale), or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any of the SeamBI Parties with respect thereto, and agree to Indemnify (defined below) the SeamBI Parties to the fullest extent allowed by law regarding all of the foregoing matters related to your use of the Website.  None of the SeamBI Parties assumes responsibility for the Content, nor any obligation to modify or remove any inappropriate or objectionable Content or responsibility for the conduct of any party submitting any such Content.

   5.2.   Matters Relating to Scheduling and Certain Other Information Presented on the Website. 

            5.2.1.  Episodes.  If you are selling Insertions for any entertainment content which is episodic, the Website generally lists a schedule which includes the following information: episode number, episode name, and broadcast window (the "Episode Schedule").  SeamBI, the Distributor and the Content Group will endeavor to keep the Episode Schedule current but the Episode Schedule is subject to change and revision at the discretion of the Distributor and/or the Content Group.  In no event, will any of the SeamBI Parties, the Distributor or the Content Group be liable to you, your Customer or any other party for any Damages arising or relating to any matter pertaining to changes in the Episode Schedule.  In addition to the foregoing, you agree to Indemnify the SeamBI Parties, the Distributor and the Content Group from any and all Damages relating to any matter pertaining to changes in the Episode Schedule. 

            5.2.2.  Other Content Availability Matters.  If you are selling Insertions for any entertainment content which is not episodic but which otherwise is available for a limited or specified time period or periods, whether for sale, broadcast, telecast or other means of distribution, the Website generally lists a schedule which includes the following information: content clip number, content clip name, and availability window (the "Clip Schedule").  SeamBI, the Distributor and the Content Group will endeavor to keep the Clip Schedule current but the Clip Schedule is subject to change and revision at the discretion of the Distributor and the Content Group. In no event, will any of the SeamBI Parties, the Distributor or the Content Group be liable to you, your Customer or any other party for any Damages arising or relating to any matter pertaining to changes in the Clip Schedule.  In addition to the foregoing, you agree to Indemnify the SeamBI Parties, the Distributor and the Content Group from any and all Damages relating to any matter pertaining to changes in the Clip Schedule.

   5.3.   Reservation of Rights.  Except for the rights explicitly granted to you in these Terms of Service, all right, title and interest in and to all Content, the Website, all software and intellectual property used in connection with the Website, all Avail Demos, all Avail Captures and all Insertion Captures are expressly reserved and retained by the SeamBI Parties and/or its licensors, the Distributor and/or the Content Group, respectively, and none of the foregoing parties transfer any right, title or interest in or to any of such materials to you or your Customer as a result of your use of the Website, your purchasing any goods or services from SeamBI on behalf of yourself or your Customer, or otherwise.  Neither you nor your Customer acquire any ownership rights in or to any Content, the Website, any software or intellectual property used in connection with the Website, any Avail Demo, any Avail Capture or any Insertion Capture, as a result of your use of the Website, your purchasing any goods or services from SeamBI on behalf of yourself or your Customer, or otherwise.

6. Your Uploads, Data Submissions and Related Conduct.

   6.1.   Customer Data.  As an account holder you must submit textual content to the Website (collectively, "Customer Data") for each Customer and Insertion, including, without limitation, the Customer's name, the Customer's product/advertisement, product/advertisement category, and a brief text description of the proposed Insertion, as well as other sales and informational data.  The foregoing requirements are subject to change from time to time as required by SeamBI, the Distributor and/or the Content Group.  You will be queried to provide Customer Data by filling in fields on the Website.  You must fill in all required fields and provide this information accurately and completely for each and every Customer, Customer Art upload and Insertion.  Failure to fill in all required fields, as well as failure to accurately and completely provide all required Customer Data may result in an Insertion sale transaction being rejected by SeamBI, the Distributor and/or the Content Group.  In no event, will any of the SeamBI Parties, the Distributor or the Content Group be liable to you, your Customer or any other party for any Damages arising or relating to any matter where you or your Customer did not fill in all required fields and/or accurately and completely provide all required Customer Data.  In addition to the foregoing, you agree to Indemnify the SeamBI Parties, the Distributor and the Content Group from any and all Damages relating to any matter where you or your Customer did not fill in all required fields and/or accurately and completely provide all required Customer Data.  SeamBI employs reasonable security systems and procedures designed to prevent the theft, pirating, unauthorized use, copying or duplication of any Customer Data.  Notwithstanding the foregoing, however, you understand that SeamBI does not guarantee confidentiality with respect to any Customer Data and you further understand that the Distributor and/or the Content Group may review the Customer Data as part of the Insertion approval process.

   6.2.   Customer Art. 

            6.2.1.  Generally.  An "Insertion" is an Avail integrated with Customer Art, effected by SeamBI using SeamBI's proprietary technologies.  Customer Art for each Insertion must either be submitted by you as required by the Website, or retrieved from the Website storage area for the Customer (each, a "Library").  Customer Art is typically sent to the Customer's Library by means of the SeamBI Uploader, but SeamBI will accept emails containing Customer Art, so long as each submission meets the technical requirements for Customer Art as set forth on the Website and is properly identified.  The technical requirements for Customer Art and submissions of Customer Art are set forth on the Website, but are subject to change, from time to time.  Please note that SeamBI will only put emailed Customer Art into the designated Customer's Library.  In all instances, you, as an accountholder, must choose the Avail and the Customer Art for each Insertion.  SeamBI employs reasonable security systems and procedures designed to prevent the theft, pirating, unauthorized use, copying or duplication of any Customer Art.  Notwithstanding the foregoing, however, you understand that SeamBI does not guarantee confidentiality with respect to any Customer Art and you further understand that the Distributor and/or the Content Group may review the Customer Art as part of the Insertion approval process.

            6.2.2.  Technical Requirements.  All Customer Art submitted to SeamBI, whether via the SeamBI Uploader or otherwise, must comply with the technical requirements of SeamBI as set forth on the Website.  SeamBI reserves the right, but shall not be obligated, to modify without notice or your consent, Customer Art to meet SeamBI's technical requirements where SeamBI believes, in its reasonable discretion, that any such modification will not alter or affect the integrity of the Customer Art.  SeamBI will attempt to notify you of any Customer Art which does not meet the technical requirements of SeamBI.  Failure to meet any of the technical requirements for Customer Art as set forth on the Website may result in an Insertion sale transaction being rejected by SeamBI, the Distributor and/or the Content Group.  In no event, will any of the SeamBI Parties, the Distributor or the Content Group be liable to you, your Customer or any other party for any Damages arising or relating to any matter where you submit Customer Art that does not meet the technical requirements of SeamBI as set forth on the Website.  In addition to the foregoing, you agree to Indemnify the SeamBI Parties, the Distributor and the Content Group from any and all Damages relating to any matter where you submit Customer Art to SeamBI that does not meet the technical requirements of SeamBI as set forth on the Website.

            6.2.3.  Responsibilities Relating to Customer Art.  You shall be solely responsible for all of the Customer Art you submit to SeamBI (whether by means of the SeamBI Uploader, by email or otherwise), the consequences of SeamBI's integration of your Customer Art into Insertions and the telecast, broadcast, and distribution thereof by all means of dissemination now known and hereafter devised.  In connection with all Customer Art, you affirm, represent, and warrant that:  (i) you or your Customer own or have all necessary licenses, rights, releases, consents, and permissions to use the Customer Art in Insertions; (ii) you or your Customer own or have all necessary licenses, rights, releases, consents, and permissions to permit the telecast, broadcast, and distribution of the Customer Art in each Insertion by all means of dissemination now known or hereafter devised; and (iii) the SeamBI Parties, the Distributor and the Content Group have all necessary licenses, rights, releases, consents, and permissions to use and distribute the Customer Art in Insertions by means of the telecast, broadcast, and distribution of Insertions containing Customer Art by all means of dissemination now known or hereafter devised.  In connection with Customer Art, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party permission and/or proprietary rights, including privacy and publicity rights, unless you or your Customer are the owner of such rights or have permission from their rightful owners to submit the Customer Art to SeamBI and to grant the SeamBI Parties, the Distributor and the Content Group all of the rights granted herein.  

            6.2.4.  Customer Authorization Obtained.  In connection with the representations and warranties set forth in Section 6.2.3 above and elsewhere, you further affirm, represent and warrant to the SeamBI Parties, the Distributor and the Content Group that, if you are not the Customer, you have obtained a signed written authorization from each Customer (each, a "Customer Authorization") which contains, among other things, authorization for you to submit the Customer Art to SeamBI for use in Insertions as contemplated hereby, as well as representations and warranties from the Customer which match your representations and warranties set forth in Section 6.2.3. above.

            6.2.5.  Grant of License.  By submitting Customer Art to SeamBI, you are not forfeiting any ownership rights in or to such material, and you and/or your Customer shall retain all of your respective ownership rights in and to the Customer Art.  However, by submitting Customer Art to SeamBI, you, on behalf of yourself and/or your Customer, grant to the SeamBI Parties, the Distributor and the Content Group, a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, modify, delete from, add to, reproduce, distribute, prepare derivative works (such as promos) of, publicly display, publicly exhibit, and publicly perform the Customer Art, as well as integrate the Customer Art into Insertions, in connection with the Website, the SeamBI Parties' (and their successors' and affiliates') business and the business of Distributor and the Content Group, including without limitation the use and distribution of the Customer Art in Insertions by means of the telecast, broadcast, and distribution of Insertions containing Customer Art by all means of media and dissemination now known or hereafter devised, and for promoting and redistributing part or all of the foregoing (and derivative works thereof) in any media formats and through any media channel.  You also hereby grant SeamBI, the Distributor and the Content Group a non-exclusive license to access your submissions of Customer Art and Customer Data through the Website, and to use, reproduce, distribute, display and perform and distribute such submissions as permitted through the functionality of the Website and under these Terms of Service.  The above licenses granted by you on behalf of yourself and your Customer are of the essence of these Terms of Service, are absolutely required for SeamBI to provide the goods and services contemplated by the Website and are a material inducement for SeamBI to provide you access to the Website.   The foregoing licenses are perpetual and irrevocable. 

            6.2.6.  Customer License Obtained.  In connection with the licenses granted in Section 6.2.5 above and elsewhere, you further affirm, represent and warrant to the SeamBI Parties, the Distributor and the Content Group that you have obtained a Customer Authorization which contains, among other things, licenses to you comparable to those contained herein together with the right for you to sublicense all of such to the SeamBI Parties, the Distributor and the Content Group, and/or an authorization for you to license the Customer Art and Customer Data to the SeamBI Parties, the Distributor and the Content Group on behalf of each such Customer as set forth above.  You agree to pay for all royalties, fees, and any other monies due or owing to any person or entity by reason of the use of any Customer Art and/or Customer Data submitted by you.

            6.2.7.  No Endorsement, Opinion or Review. None of the SeamBI Parties endorses any Customer Art or any opinion, recommendation, or advice expressed therein.  Similarly, none of the SeamBI Parties reviews any Customer Art for content or anything other than compliance with technical requirements, and the SeamBI Parties expressly disclaim any and all liability in connection with Customer Art and Customer Data. The SeamBI Parties do not permit copyright infringing activities and infringement of intellectual property rights on the Website or for use in the goods and services provided by the SeamBI Parties.  While SeamBI will attempt to notify you in the event of any alleged or perceived copyright infringing activities or infringement of intellectual property rights, SeamBI, on behalf of itself and the other SeamBI Parties, the Distributor and the Content Group, reserve the right to suspend the use of Customer Art and Customer Data without prior notice, pending an investigation into the alleged infringing activities and/or material.  This may result in sold Insertions not being integrated, broadcast or otherwise distributed.  None of any of the SeamBI Parties, the Distributor or the Content Group shall be liable to you, your Customer or any other party where the use of Customer Art and/or Customer Data have been suspended in response to a DMCA (defined below) or other bona fide infringement claim, even if such results in one or more sold Insertions not being integrated, broadcast or otherwise distributed. 

            6.2.8.  Duty to Monitor Customer Art and Customer Data.  You must monitor all Customer Art to avoid integration of any inappropriate material into Insertions.  Inappropriate material includes, but is not limited to, material which does not meet applicable federal, state or municipal legal requirements, national, local, or any other broadcast standard (for indecency, obscenities, profanities or otherwise), material which infringes upon the rights of a third party, and unauthorized use of likeness, property or other material.  NONE OF THE SEAMBI PARTIES OR THE WEBSITE REVIEW OR SCREEN ANY CUSTOMER ART PRIOR TO INTEGRATION FOR ANYTHING OTHER THAN CONFORMITY WITH TECHNICAL SPECIFICATIONS.  Accordingly, you agree to Indemnify the SeamBI Parties for all Damages relating to inappropriate Customer Art.  In addition, you agree to promptly notify SeamBI by email to security_breach@SeamBI.com via email of any Customer Art or Customer Data which infringes upon the rights of others or otherwise does not meet the requirements of these Terms of Service.

            6.2.9.  Indemnification.  You agree to indemnify, defend and hold harmless ("Indemnify") SeamBI and its shareholders, and each of their respective heirs, parent companies, affiliates, divisions, subsidiaries, successors, transferees, assignees, licensees, and the agents, associates, officers, directors, members, managers, employees and attorneys of each (SeamBI and all of the foregoing parties are referred to herein collectively as the "SeamBI Parties"), the Distributor and the Content Group from and against any and all damages, costs (including, without limitation, reasonable outside attorneys' fees and all expenses from the investigation and defense of the matter (including, without limitation, negotiation of settlement thereof), whether or not suit be brought), liabilities, claims, settlements and causes of action (collectively, "Damages") in any way arising by reason of: (i) the breach of any warranty or representation made hereunder and/or any claim against any of the SeamBI Parties, the Distributor and/or the Content Group alleging any violation or infringement upon the trademark, trade name, copyright, patent, literary, dramatic, musical, artistic, personal (including, but not limited to, reputation), private, civil or property rights or rights of privacy or any other right of such third party arising from the use of Customer Art and/or Customer Data.  You further agree to Indemnify each of the SeamBI Parties, the Distributor and the Content Group for all Damages from any Customer pertaining to goods and/or services provided by SeamBI which were approved by you and/or the Customer for their respective approval matters or are otherwise in conformance with these Terms of Service.

            6.2.10.  Custom Design Services.  In the event that you or your Customer wishes SeamBI to provide custom graphic design, modeling or other artistic services in connection with Customer Art, SeamBI can provide such services for a fee.  Please contact SeamBI at tech@seambi.com and a representative from SeamBI will contact you to discuss the project with you and/or your Customer.  The pricing, terms and conditions of any such services shall be agreed between you and/or your Customer and SeamBI, and will be documented in a signed writing which, among other things, will govern the relationship of the parties with respect to such services, in addition to these Terms of Service.  Please note that such additional SeamBI services must be ordered far enough in advance of the cut-off for the intended Avail, to permit SeamBI to perform the additional services requested.  

   6.3.   Signs and Objects.

            6.3.1.  Generally.  There are two types of Avails: (i) Avails for signs, billboards and other flat, two-dimensional objects ("Signs") which typically, but not always, will appear in Avails as adhered to flat surfaces such as walls and billboards; and (ii) Avails for three-dimensional objects such as bottles, cans and boxes ("Objects") which typically, but not always, will appear in Avails as resting atop surfaces such as tables, desks and counters.

            6.3.2.  Certain Matters pertaining to Objects.  The shape of each Object has been designated by SeamBI, the Distributor and the Content Owners and may not be changed by you or your Customer.  Some Customer Art will not work effectively with particular Object shapes (for example, a billboard advertisement will not work effectively on a can-shaped Object) and you should be mindful of the shape of the Object when you submit Customer Art for approval by SeamBI, the Distributor and the Content Group when finalizing a sale.  Please review each Object Avail Demo closely.    

   6.4.   Sale of Insertions. 

            6.4.1.  Generally.  The principal purpose of the Website is to facilitate the purchase and sale of Insertions to Customers.  If you have been authorized by the Distributor or, if there shall be no Distributor, the Content Group, you may sell Insertions for the television series or other authorized content, in the territory and/or for the broadcast market as authorized by the Distributor or, if there shall be no Distributor, the Content Group.  Nothing contained in these Terms of Service authorizes you to sell Insertions to any party. 

            6.4.2.  Sales Through Website.  It is a condition to your sale of Insertions that you effect all sales of Insertions through the Website.  The Website sets forth certain approvals required from you and your Customer which are necessary before Insertions and sales of Insertions can be finalized.  It is a critical part of the sales process that your Customer review and approve the water-marked Avail Demo for each of their Insertions.  The foregoing shall not apply if you have the right to sell Insertions, but your access to the Website has been suspended or terminated as discussed below.  In the event that your access to the Website has been suspended or terminated, but your right to purchase and/or sell SeamBI goods and services has not been suspended or terminated, SeamBI will contact you directly to provide you with a means and/or mechanism to effect purchases and sales of SeamBI goods and services.

  

Privacy Policy

August 1, 2009

1.Application of This Privacy Policy.

 By visiting the website (whether or not you are a registered user) or using any of the SeamBI Service (the "Services"), you are accepting this Privacy Policy.Similarly, by accepting the Privacy Policy and the Terms of Service during account registration, you expressly consent to the collection, storage, use and disclosure of your personal information by SeamBI and its parent and affiliates (collectively, "SeamBI") as described in this Privacy Policy.If you do not want information about you to be used in the manner set forth in this Privacy Policy, please do not use the website or Services.Capitalized terms not otherwise defined in this Privacy Policy have the meanings ascribed to such terms in the Terms of Service, which is incorporated herein by this reference.

  This Privacy Policy is SeamBI's primary disclosure to you of when and how your information may be used. At times, however, SeamBI may choose or be required by law to provide you with additional notice.

SeamBI collects personally identifiable information — meaning information that can be used to identify and contact you — when you use the SeamBI website.SeamBI may combine information about you that SeamBI collects with information SeamBI obtains from other users, your employer, Distributors, Content Owners, business partners or other companies.

2.How SeamBI Collects Information About You

When you visit the SeamBI website, SeamBI collects your IP address and standard web log information, such as your IP address, software and hardware attributes, the pages you request or otherwise accessed on the website, and cookie information. For more information on cookies, please see below.

If you open an account and become a registered user, we collect the following types of information from you:your name, employer’s name, employer’s address, work phone number, alternate work or mobile number, email address, and other similar information.If you choose to provide such information, you are giving SeamBI the permission to use and store it consistent with this Privacy Policy. Therefore, please understand when you sign in with SeamBI, you are not anonymous to SeamBI and your activities and transactions on the webiste may be tracked and/or stored.

In order to use the SeamBI website or any SeamBI Service, you must first be a registered account holder authorized to use the SeamBI Services.SeamBI is not available to the general public and, accordingly, only authorized parties will be provided with SeamBI accounts.

Before permitting you to use the website or any SeamBI Service, SeamBI may require you to provide additional information SeamBI can use to verify your identity or address or manage risk, such as your date of birth, social security number or other information.

When you are using the website and/or the SeamBI Service, SeamBI collects information about your account transactions as well as your use of the website, and may collect information about your computer or other access device for fraud prevention purposes.

Finally, SeamBI may collect additional information from or about you in other ways not specifically described here. For example, SeamBI may collect information related to your contact with SeamBI's customer support or your interactions with Distributors or Content Owners.

3.How SeamBI Uses Cookies.

When you access the SeamBI website, SeamBI may place small data files called "cookies" and similar technologies on your computer.Cookies remember information about your activities on a website.

SeamBI sends a "session cookie" to your computer when you log in to your account. This type of cookie helps SeamBI to recognize you if you visit multiple pages on the website during the same session, so that SeamBI does not need to ask you for your password on each page. Once you log out or close your browser, this cookie expires and no longer has any effect.

SeamBI also use longer-lasting cookies for other purposes such as to display your user ID on the log-in form, so that you do not need to retype your user ID each time you log in to your account.

SeamBI encodes its cookies so that only SeamBI can interpret the information stored in them. You can program your computer to warn you each time a cookie is being sent or to refuse cookies completely. However, unless you accept cookies you may not have access to certain SeamBI Services or parts of the website, and/or such may slowdown, curtail or otherwise interfere with your use of the website.

In addition to cookies, SeamBI also may use and similar technologies, clickstream data tracking and other services that collect data remotely by using, among other things, so-called "pixel tags," "web beacons," "clear GIFs," or similar means (collectively, "Pixel Tags"), which can be embedded on the SeamBI website and specific webpages. A Pixel Tag is an object that is embedded in a web page. It is usually invisible to users but allows website operators to check whether a user has viewed a particular web page. Pixel Tags collect only a limited set of information, including a cookie number, time and date of a page view, and a description of the page on which the Pixel Tag resides. You may not decline Pixel Tags, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.

In order to ensure the quality of service to you, SeamBI may place a tag (also called a "web beacon") in HTML-based customer support emails or other communications with you in order to confirm delivery.

If you download the SeamBI Uploader, your copy includes a unique application number. This number, and information about your installation of the Uploader (version number, language) will be sent to SeamBI when the Uploader automatically checks for updates and will be used to update your version of the Uploader.

4.How SeamBI Protects and Stores Personal Information.

Throughout this Privacy Policy, SeamBI uses the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. SeamBI does not consider personal information to include information that has been so that it does not identify a specific user.

SeamBI stores and processes your personal information on computers located in the US, Israel and elsewhere, and SeamBI protects it by maintaining physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations. SeamBI uses computer safeguards such as firewalls and data encryption, SeamBI enforces physical access controls to its buildings and files, and SeamBI authorizes access to personal information only for those employees who require it or have a legitimate business reason to fulfill their job responsibilities.

Despite these efforts, please note that no data transmission or storage can be guaranteed to be 100% secure. SeamBI wants you to feel confident using the website and SeamBI Services but cannot ensure or warrant the security of any information you transmit to SeamBI via the website or otherwise.Please refer to the U.S. Federal Trade Commission's web site for information on how to protect yourself from identity theft.

5.How SeamBI Uses the Personal Information Collected.

SeamBI’s primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience, consistent with the SeamBI Services.SeamBI may use your personal information to:

  • provide the services and customer support you request;
  • process transactions and send notices about your transactions;
  • resolve disputes, collect fees, and troubleshoot problems;
  • prevent potentially prohibited or illegal activities, and enforce the Terms of Service;
  • customize,measure, and improve SeamBI services and the content and layout of the website;
  • compare information for accuracy and verify it with third parties;
  • provide custom, personalized content and information; and
  • uses for the website and Services consistent with the Terms of Service.

SeamBI may also use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major changes or for customer service purposes).

6.How SeamBI Shares Personal Information With Other SeamBI Users.

To process your orders, SeamBI needs to share some of your personal information with the person or company that is involved in the transactions ordered by you, including without limitation, Distributors and Content Owners.Your contact information, employer name, Customer Data, SeamBI transaction history, any dispute or violation history, and other information related to your activities on the SeamBI website and your use of SeamBI Services are provided to other SeamBI users who you transact with through SeamBI, including without limitation, Distributors and Content Owners.

7.How SeamBI Shares Personal Information Other Parties.

SeamBI may share your personal information with:

  • Members of the SeamBI corporate family and their affiliates to provide joint content and services (like registration, Services, transactions and customer support), to help detect and prevent potentially illegal acts and violations of SeamBI policies, and to guide decisions about SeamBI products, services and communications. Members of SeamBI’s corporate family will use this information to send you marketing communications only if you have requested their services.
  • Service providers under contract to SeamBI, Distributors, the Content Owners, or your employer or who otherwise help with parts of the SeamBI Services (such as distribution, fraud prevention, bill collection, marketing, technology services). These service providers will only use your information in connection with the services they perform for SeamBI or in connection with the SeamBI Services and not for their own benefit.
  • Distributors, to the extent that you are effecting or may be effecting transactions for SeamBI Services with such parties, or in the event of violations of the Terms of Service or as may otherwise be requested Distributors consistent with the Terms of Service;
  • Content Owners, to the extent that you are effecting or may be effecting transactions for SeamBI Services with such parties, either directly or through one or more Distributor, or in the event of violations of the Terms of Service or as may otherwise be requested Content Owners consistent with the Terms of Service;
  • Companies that SeamBI plans to merge with or sell all or part of SeamBI's business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of , parties involved in that transaction.(Should such a combination or transaction occur, to the extent lawful and within SeamBI’s power, SeamBI will require that the survivor entity follow this privacy policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice.)
  • Law enforcement, government officials, or other third parties, including, without limitation, Distributors and Content Owners, when:

  • SeamBI is compelled to do so by a subpoena, court order or similar legal procedure;
  • SeamBI needs to do so to comply with law;
  • SeamBI believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Terms of Service.

  • Those parties necessary in order to protect the legal rights of SeamBI and its investors, directors, officers, employees, agents, and suppliers, as well as the Distributors and Content Owners.
  • Those parties necessary in order to protect the safety and security of users of the website and/or SeamBI Services or to enforce the Terms of Service as well as to protect against fraud or for risk management purposes.
  • Other third parties with your consent or direction to do so.

SeamBI does not sell or rent any of your personal information to third parties in the normal course of doing business and only shares your personal information with third parties as described in this Privacy Policy.

The website may be linked to internet websites operated by other companies, such as Distributors, Content Owners and your employer. Some of these websites may be co-branded with the SeamBI name or logo, even though they are not operated or maintained by SeamBI. SeamBI is not responsible for the privacy practices of websites operated by third parties that are linked to the SeamBI website. Once you have left the SeamBI website by clicking on a link, you should check the privacy policy of the other website to determine how it handles any personally identifiable information it collects from you.

8.How SeamBI Aggregates Personal Information.

Aggregate data is information (originally personally identifiable or non-personally identifiable) that subsequently is used in aggregate form. SeamBI may use aggregate data for purposes of research or analysis, as requested by Distributors and Content Owners, and for other consistent with the SeamBI Services and the Terms of Service. SeamBI may conduct research about user demographics, customers, internet use, and interests and behavior based on personally identifiable information SeamBI gathers.Although aggregate data may be based in part on personally identifiable information about you (for example, SeamBI may want to know the geographic region of users effecting certain transactions on the website), it does not identify you personally. SeamBI may share this type of aggregate data with a variety of third parties, including its corporate family and their affiliates, Distributors, Content Owners, advertisers and other current and prospective business partners. But because this form of data does not identify particular users, these third parties will not be able to contact you based solely on this data.

SeamBI may use aggregate data collected for website administration, advertising, and promotional purposes, and SeamBI may share this information with various affiliated and unaffiliated entities. For example, IP addresses are used for the purposes of system administration and to provide anonymous aggregated data to advertisers about the volume of use on the SeamBI Services. SeamBI may also enter into agreements with outside companies that possess the technology that allows us to customize certain SeamBI Services. Your non-personally identifiable information and data about your activities may be shared with these companies so this customization can be accomplished. SeamBI's agreement with these companies restricts them from sharing your information with third parties or using it for any other purpose. Clickstream and demographic information may also be shared with SeamBI's advertisers and business partners.

9.How You Can Restrict SeamBI From Sharing Your Personal Information.

Federal and state laws allow you to restrict the sharing of your personal information in certain instances.However, these laws also state that you cannot restrict other types of sharing.Because you are consenting to this Privacy Policy and SeamBI has chosen to refrain from those types of data sharing for which restrictions may apply, you may not presently restrict SeamBI's use of your personal information, so long as it is used consistent with this Privacy Policy.

10.Changes to SeamBI's Privacy Policy.

From time to time, SeamBI may revise this Privacy Policy to reflect industry initiatives or changes in the law or to the scope of the SeamBI Services or website, or for other reasons. Therefore, it is important to check the effective date of the Privacy Policy posted at http://www.SeamBI.com/privacy each time you visit the SeamBI webite or use any of the SeamBI Services to ensure you are familiar with the most updated policies and practices.If SeamBI makes any material revisions to this Privacy Policy, SeamBI will notify you by posting notice on the website or by sending you an email to the email address you most recently provided to SeamBI prior to such revisions taking effect. If the material revisions concern practices where SeamBI has represented that SeamBI will obtain your consent to use or disclose your personally identifiable information, SeamBI will obtain your consent before taking any action inconsistent with those representations.

11.How You Can Contact SeamBI About Privacy Questions.

If you have questions or concerns regarding this Privacy Policy, including if you believe that SeamBI may have incorrect information for you or if you would like your personally identifiable information to be removed from SeamBI's database, you should contact SeamBI at contact@seambi.com or by writing to us at SeamBI, Inc., Attn: Privacy Department, 4411 W. Olive Avenue, Burbank, CA 91505.Please note that SeamBI may retain some information to satisfy legal and security obligations.Emails sent to contact@seambi.com for purposes other than communication about SeamBI's use of personally identifiable information or the Privacy Policy may not be answered.