Last Updated: 2/5/2014
- Intellectual Property Policy
”), available here
, and capitalized terms used and not defined in this policy have the meaning given to them in the Terms.
- General. The Service may currently or in the future may provide allow you and other users to submit, post, and share content such as reviews, restaurant lists, messages, commentary or any other content that you provide to us (“User Content”).
- Ownership of SeatMe Content. The Site is owned and operated by SeatMe. You do not acquire any ownership rights to any SeatMe Content (or derivatives thereof) by using the Service or by submitting any User Content. The Site is owned and operated by SeatMe. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by SeatMe ("SeatMe Content") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Seatme Content contained on the Site are the copyrighted property of SeatMe or its subsidiaries or affiliated companies and/or third parties. All trademarks, service marks, and trade names are proprietary to SeatMe or its affiliates and/or third parties. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Seatme Content, and nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of SeatMe or any third party.
- Access and Responsibility. SeatMe cannot guarantee any anonymity or confidentiality with respect to any User Content, and recommends that you think carefully about what you submit to the Service. You understand that all User Content is the sole responsibility of the person who generated such User Content. This means that you, and not SeatMe, are entirely responsible for User Content that you make available through the Service.
- No Obligation to Publish. SeatMe makes no representations that it will publish or make available any User Content on the Service, and reserves the right, in its sole discretion, to reject or remove any User Content at any time with or without notice. Without limiting the generality of the preceding sentence, SeatMe complies with the Digital Millennium Copyright Act, and will remove User Content upon receipt of a compliant takedown notice (see the “Digital Millennium Copyright Act”, below).
- License Grant by You to SeatMe. By providing User Content to SeatMe you hereby grant SeatMe and its affiliates, sublicensees, partners, designees, and assignees of the Service (collectively, the “SeatMe Licensees”) a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, transferable, worldwide license to use, reproduce, distribute, modify, adapt, publicly display, publicly perform, and otherwise exploit your User Content and derivatives thereof in connection with the Service and SeatMe’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. Except for the limited rights set forth in this Intellectual Property Policy, you retain all right, title, and interest to your User Content.
- Additional License Grants. You grant the SeatMe Licensees the right to use your name or likeness and/or any name or likeness that you may submit in connection with your User Content if SeatMe should choose, without compensation or need for your prior approval, or to exercise any of the rights licensed by you hereunder, in connection with a fictional name or persona or without any attribution at all. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- User Content Representations and Warranties. You are solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize SeatMe to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable the use of User Content in the manner contemplated by these Terms, and to grant the rights and license set forth above, and (ii) your User Content, SeatMe’s or any SeatMe Licensee’s use of such User Content pursuant to these Terms, and SeatMe’s or any SeatMe Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from any third party for the exercise of any rights granted in these Terms.
- User Content Prohibited Uses. In connection with your User Content, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage SeatMe or any third party, including any falsified reviews; (ii) use any copyrighted content owned or controlled by a third party without obtaining the necessary permissions, licenses and authorizations for the use of such third-party content; (iii) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (vii) reproduce, distribute, publicly display, publicly perform, adapt, or otherwise publish or cause to be published any User Content except as permitted by these Terms.
- Content Disclaimer. YOU UNDERSTAND THAT WHEN USING THE SERVICE, YOU WILL BE EXPOSED TO USER CONTENT FROM A VARIETY OF SOURCES, AND THAT SEATME IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST SEATME WITH RESPECT THERETO. SEATME DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN. UNDER NO CIRCUMSTANCES WILL SEATME BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY USER CONTENT.
- Monitoring User Content; Removal of Content. SeatMe does not control User Content and does not have any obligation to monitor such User Content for any purpose. SeatMe may choose, in its sole discretion, to monitor, review, or otherwise access some or all User Content, but by doing so SeatMe nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, or to monitor, review, or otherwise access other User Content, and SeatMe assumes no responsibility for the conduct of the User submitting any User Content. You acknowledge that SeatMe may or may not pre-screen User Content, but that SeatMe and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Service. Without limiting the foregoing, SeatMe and its designees may, at any time and without prior notice, remove any User Content that in the sole judgment of SeatMe violates these Terms or is otherwise objectionable, or for any other reason, with or without notice and with no liability of any kind. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Content.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
- General. SeatMe respects the rights of copyright owners and expects its users to do the same. Therefore, as required by the Terms, infringing content may not be submitted to the Service or used in, whole or in part, in any User Content.
- User Content. It is SeatMe’s policy that if a user uploads User Content that contains any copyrighted work, then that user must be the owner of such works or have all required rights, licenses, consents, and permissions to use such works on the Service and also grant the rights to any third parties, including SeatMe and any other users, contained in these Terms. Violation of this requirement may be grounds for removal of the User Content, termination of the user’s account, and any other remedy SeatMe may have against the user.
- Copyright Owner Rights. If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing SeatMe’s Designated Copyright Agent with the following information in writing:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SeatMe to locate the material;
(iv) information reasonably sufficient to permit SeatMe to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.”).
Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith. It is SeatMe’s policy to respond to notices of alleged infringement that comply with the DMCA. In addition, SeatMe will promptly terminate without notice the accounts of Users that are determined by SeatMe to be “repeat infringers.” If SeatMe receives more than three takedown notices regarding User Content, then that user will be considered a repeat infringer and their account will be terminated.
- Designated Agent. SeatMe’s designated copyright agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, SeatMe, LLC. 140 New Montgomery Street, San Francisco, CA 94105 or by electronic mail at firstname.lastname@example.org. For clarity, only DMCA notices should go to the designated copyright agent. Any other feedback, comments, requests for technical support or other communications should be directed to SeatMe customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.