SESH, INC. TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY.Last Updated: July 12, 2008
Welcome to Sesh. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Sesh, Inc. ("Sesh") Service. By using the Sesh Service ("Service"), you agree to be bound by this Agreement. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Sesh Web site and discontinue use of the Service immediately.
Sesh may modify this Agreement from time to time and such modification shall be effective upon posting by Sesh. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Description of Service
Sesh is engaged in the business of operating a Web site and Web service providing group Web browsing and communication. Users of the Sesh Service include users at www.sesh.com as well as users of private label Sesh Web sites (such as www.companyname.sesh.com), where the Sesh service is being provided on Sesh servers in partnership with customers of Sesh's Web Business Solution. Sesh has created and developed an interactive Web service which allows users to synchronously browse the Internet together and view, navigate, mark, and chat on the same Web pages at the same time.Use of Software
Sesh may make certain software available to you from the Web site or from its affiliates. If you download such software, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by Sesh, for your use only. Sesh does not transfer either the title or the intellectual property rights to the Software, and Sesh retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Sesh or its licensors and you may not copy or use them in any manner.Privacy and your personal information
For information about Sesh's data protection practices, please read Sesh's Privacy Policy. This policy explains how Sesh treats your personal information, and protects your privacy, when you use the Service. You agree to the use of your data in accordance with Sesh's privacy policies.Use of the Service by you
You agree to use the Service only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access or attempt to access the Service by any means other than through the interface that is provided by Sesh, unless you have been specifically allowed to do so in a separate agreement with Sesh. Unless you have been specifically permitted to do so in a separate agreement with Sesh, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose. You agree that you are solely responsible for (and that Sesh has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences of any such breach.Prohibited uses
Sesh imposes certain restrictions on your permissible use of the Web site or Service. You are prohibited from violating or attempting to violate any security features of the Web site or Service, including, without limitation:- accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
- accessing or attempting to access the Service through any automated means including use of scripts or Web crawlers;
- attempting to probe, scan, or test the vulnerability of the Service, the Web site, or any associated system or network, or to breach security or authentication measures without proper authorization;
- interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, flooding,spamming,mail bombing,or crashing;
- using the Web site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
- forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
- attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Sesh in providing the Web site or Service.
Content created through use of the Service
You agree that you are solely responsible for (and that Sesh has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Sesh may suffer) by doing so. Any opinions or statements expressed by a User are of those of the User alone, and are not to be attributed to Sesh. Sesh cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, drawn, displayed or otherwise made available by any User.Proprietary rights of Sesh
You acknowledge and agree that Sesh (or Sesh's licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever those rights may exist). You further acknowledge that the Service may contain information which is designated confidential by Sesh and that you shall not disclose such information without Sesh's prior written consent. Unless you have agreed otherwise in writing with Sesh, nothing in the Agreement gives you a right to use any of Sesh's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Sesh Web site and Service.License from Sesh
Sesh gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service or software provided to you by Sesh (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Sesh, in the manner permitted by the Agreement. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Sesh, in writing. Unless Sesh has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.Third party content accessed through your use of the Service
The Service include enabling you to access Web sites which are provided by companies or persons other than Sesh ("third parties"). Sesh may have no control over any Web sites which are provided by third parties. You understand that all information from Web sites provided by third parties which are accessed by you through your use of the Service is the sole responsibility of the third parties from which such content originated. All such information is referred to below as the "Content." You should be aware that Content presented to you as part of the Service may be protected by intellectual property rights which are owned by the third parties. When accessing the Web site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Web Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. You understand that Web sites provided by third parties may have terms and conditions for the use of those Web sites. You agree to abide by all such terms and conditions of such Web sites accessed by you through your use of the Service. You agree you are solely responsible for (and that Sesh has no responsibility to you or to any third party for) any violation by you of the terms and conditions of the Web sites provided by third parties. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk. You acknowledge and agree that Sesh is not responsible for the availability of any such Web sites provided by third parties, and does not endorse any advertising, products or other materials on or available from such Web sites. You acknowledge and agree that Sesh is not liable for any loss or damage which may be incurred by you as a result of the availability of those Web sites provided by third parties, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Web sites.Unauthorized advertising
You understand that the Service is offered to the public free of charge. If you use the Service to advertise products or services in any way other than pursuant to an Advertising Agreement executed by you and Sesh ("Unauthorized Advertising"), Sesh reserves the right to restrict your access to the Sesh Web site and Service and to contact you about such Unauthorized Advertising. If you are so contacted and wish to continue using the Service for commercial use, you may request, or Sesh may request that you work with Sesh, subject to Sesh's approval, to execute an Advertising Agreement defining the terms and conditions under which you may advertise on or via the Sesh Web site and Service.Interstate and international use
Users in the European Union consent to the collection and processing of personal information, as described in this Agreement, in the United States. All users understand the potential cross-border nature of communications made using the Service, and acknowledge that using the Service may result in interstate and international transmission of data.Termination of access to Sesh; consequences of violation of Agreement
Sesh reserves the right to terminate your privilege to use the Service at any time for any reason. In addition, Sesh shall have the right to (i) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or this Agreement; (ii) remove a user or users from a Sesh service or otherwise terminate any use of the Service if Sesh determines in its sole discretion or had a good faith concern that such use is unlawful and/or prohibited by this Agreement; and (iii) inform law enforcement of any illegal activity or material Sesh suspects or discovers on, through, or otherwise relating to the Service and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.DISCLAIMER OF WARRANTY
SESH HEREBY DISCLAIMS ALL WARRANTIES. SESH IS MAKING THE WEB SITE AND SERVICE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEB SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SESH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEB SITE AND SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SESH DOES NOT WARRANT THAT THE WEB SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEB SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.LIMITED LIABILITY
SESH'S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SESH BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE OR SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SESH. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ANY CONTENT VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.Indemnity
You agree to indemnify, defend, and hold Sesh and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Agreement or Privacy Policy, or your violation of any rights of other users of the Service. Any such indemnification shall include the payment of reasonable attorneys' fees incurred in the defense of such claim.Entire agreement; jurisdiction
The Agreement, the Privacy Policy and any applicable guidelines posted on the Sesh Web site constitute the entire agreement between you and Sesh, govern your use of the Service, and supersede any prior agreements between you and Sesh relating to your use of the Service (including, but not limited to, any prior versions of the Agreement or Privacy Policy). By accessing the Service you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Service, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of San Diego in the State of California. Notwithstanding the foregoing, you agree that Sesh shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The failure of Sesh to exercise or enforce any right or provision of the Agreement does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. All headings in the Agreement are for convenience only and have no legal or contractual effect.Comments and questions
If you have any comments or questions you may address them to the customer service department at Sesh at support@sesh.com.
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