Aluto Benli Co., Ltd.
Effective on November 30th, 2019
- 1. What Is SuSeeYar?
- 2. Your Account and Obligations
- 3. Creating and Running a Campaign
- 4. Legal Obligations of Campaign Owners
- 5. Backing a Campaign
- 6. SuSeeYar’s Role
- 7. Fees and Taxes
- 8. Intellectual Property
- 9. Your Intellectual Property
- 10. SuSeeYar’s Rights Concerning User Accounts; Termination
- 11. Payment Services
- 12. System Outrages and Maintenance
- 13. Indemnity
- 14. No Warranty
- 15. Disclaimer Of Liability
- 16. Disclaimer
- 17. Dispute Resolution and Arbitration
- 18. Definitions
- 19. Full Agreement Between You and SuSeeYar
- 20. Miscellaneous
Welcome to SuSeeYar! By using this Site and the Services, Users agree to be bound by these Terms.
SuSeeYar may amend the Terms at any time in its sole discretion by posting a revised version of the Terms. Unless otherwise provided, access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.
1. What Is SuSeeYar?
SuSeeYar is an online crowdfunding platform for Users to seek to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners may offer Perks to Contributors in thanks for the Contributors’ donation of funds. The Services do not include the offer or sale of securities.
2. Your Account and Obligations
SuSeeYar grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- a. You are responsible for your account. To use many of the Services, you will need to register and create an account with a username and password. You shall provide SuSeeYar accurate and complete information, and you shall update your account information as needed to keep the information accurate and complete. You may not impersonate anyone else, choose a username that may offend someone, or violate any individual’s rights. If you do so, SuSeeYar may terminate your account. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you shall notify SuSeeYar immediately by sending email - email@example.com. SuSeeYar is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.
- b. Deleting your account. You may submit a request to delete your account by contacting SuSeeYar, but this will not automatically delete User Content. SuSeeYar may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of these Terms survive termination of an account, including our rights to User Content.
- c. You shall be 18 years old. You shall be 18 years or older to sign up for an account and use our Services.
- d. Follow the law and our policies. You may not take any action that violates the law, infringes or violates anyone else’s rights, or breaches any agreements or legal obligations that you have toward anyone. You may not offer any Perks that are illegal, violate any of SuSeeYar’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- e. Be truthful. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
- f. Respect the rights of others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another person’s privacy.
- g. Avoid spam and unsolicited communications. You may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, or any kind of auto-responder or spam on or through the Site.
- h. Respect the property of others. You may not distribute software viruses, or anything else designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Site by any other User. You may not access our Site or Services if SuSeeYar has prohibited you from doing so.
- i. Do not engage in activities that affect the functioning of the Site. You may not bypass any measures that SuSeeYar have put in place to secure the Services, take actions to gain unauthorized access to any system, data, passwords, or other SuSeeYar or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.
- j. Respect privacy. When you use the Services or create a Campaign, you may receive information about other Users, including personally identifiable information (“PII”) such as names, email addresses, and physical addresses. This information is provided for purely for the purpose of fulfilling the Perks for the applicable Campaign and other Services and may not be used for other purposes, including cross-promotional marketing, without separate, verifiable consent from the User. You will maintain records of all such verifiable consent.
3. Creating and Running a Campaign
When you, as a Campaign Owner create a Campaign on the Site and ask for Contributions, you understand that you are entering into separate legal agreements with both SuSeeYar and with Contributors, and the following rules apply (in addition to the all other Terms).
- a. Service Fees. SuSeeYar may charge Campaign Owners a Service Fee as a portion of the Contributions they raise (the "Service Fees"). The Service Fees are effective on the date that the Service Fees are posted, and may be updated from time to time. Service Fees will be charged at the then-current rate. In connection receiving Contributions from Contributors, Campaign Owners appoint SuSeeYar as the Campaign Owner's limited agent for the sole purpose of receiving, holding, and settling payments to such Campaign Owner. As a Campaign Owner's agent, SuSeeYar's receipt of Contributions on a Campaign Owner's behalf is the same as receipt of Contributions by directly by a Campaign Owner.
- b. Right to Withhold Funds. Campaign Owners shall not assume that they will receive Contributions made to a Campaign. Disbursement of Contributions to a Campaign Owner may be delayed, or withheld in SuSeeYar, for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, violation of the Terms or Use or any other policy, or any other situation where SuSeeYar determines that Contributions shall not be disbursed in its sole discretion. Contributions may also be used to reimburse SuSeeYar for any chargebacks and refunds incurred by SuSeeYar for a Campaign. SuSeeYar may also seek reimbursement from a Campaign Owner by any other lawful means, including by using third-party collection services.
- c. Refunds. SuSeeYar offers a limited refund to Contributors in accordance with our Refund Policy. Refunds outside of SuSeeYar’s Refund Policy shall be handled by the Campaign Owner, and SuSeeYar has no obligation to provide any refunds or become involved with any dispute between a Campaign Owner and Contributor. SuSeeYar reserves the right to terminate User Accounts and remove Campaigns for any abuse of the Refund Policy.
4. Legal obligations of Campaign Owners
As a Campaign Owner, you are entering into a legal agreement with a Contributor when Contributor makes a Contribution to your Campaign, which includes the following obligations in addition to the all other Terms:
- a. Make good faith efforts to fulfill the Perks associated with a Campaign in the timeframe that is communicated to Contributors.
- b. Immediately notify Contributors if there are obstacles or delays.
- c. Respond promptly and truthfully to all questions posed to them by Contributors.
- d. Provide substantive and quality updates at least once a month to Contributors.
- e. If you have received the Contributions from your Campaign, issue refunds to Contributors if you cannot deliver Perks.
- f. Comply with all applicable laws and regulations in the use of Contributions and delivery of Perks.
5. Backing a Campaign
When a Contributor makes a Contribution to a Campaign, Contributor understands that the following rules and terms apply.
- a. Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
- b. No Guarantee. The date to deliver a Perk is an estimate by the Campaign Owner (not SuSeeYar) and there is no guarantee that the Campaign Owner will fulfill and deliver the Perk by that date. SuSeeYar does not guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. SuSeeYar also does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services.
- c. Limited Refund. SuSeeYar offers a limited refund to Contributors only where the Campaign has not ended, the Contributor has not received a Perk (as confirmed by SuSeeYar), and the Contribution has not been sent to the Campaign Owner (full terms of the Refund Policy apply). SuSeeYar does not offer refunds outside of the Refund Policy. In any situation where refunds are not available under the Refund Policy, a Contributor shall contact the Campaign Owner directly to request a refund. SuSeeYar may at its discretion facilitate communications between a Campaign Owner and Contributor, but SuSeeYar has no obligation to do so or to become involved in any way in any dispute.
- d. Credit Card Charges. When you Contribute to a Campaign, your card will be charged the amount of the Contribution after you confirm and submit your payment information.
- e. Communications Between Campaign Owners and Contributors. Once you have made a Contribution to a Campaign, the Campaign Owners may need to contact you to obtain additional information such as shipping address, specific preferences for a Perk (i.e. color or size of a t-shirt), or may ask for your feedback on the Campaign or the Perk. In some instances, to receive the Perk, you may need to provide the requested information within the requested time frame to receive the Perk, otherwise, it will not be fulfilled. Campaign Owners shall not ask for information that is not required to fulfill a Perk and shall not request sensitive personal information or credit card/banking information. Please contact SuSeeYar if you receive a request for information that appears to be excessive.
- f. Taxes are your responsibility. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes.
6. SuSeeYar’s Role
- a. SuSeeYar does not endorse any User Content. While SuSeeYar supports the creation of Campaigns, SuSeeYar only provides the Site for Users to interact. SuSeeYar does not pre-screen any Campaigns or endorse any User Content on our site.
- b. SuSeeYar may remove User Content in our discretion. If you see User Content that violates these Terms, then let SuSeeYar know and SuSeeYar may remove it. SuSeeYar does not communicate our reasons for removing, or keeping, User Content on the Site.
- c. SuSeeYar does not guarantee Perks or Refunds. Campaign Owners are solely responsible for the delivery of Perks and offering refunds outside of our Refund Policy.
- d. SuSeeYar does not provide tax or legal advice to Users. Users are solely responsible for determining how the tax laws, or any other laws, apply to running a Campaign, Contributing to a Campaign, or utilizing any of the Services.
- e. SuSeeYar does not become involved in legal disputes between Users or third parties. Though SuSeeYar may facilitate discussions between Users who have disputes with each other, SuSeeYar takes no responsibility and does not have any liability for any disputes or violations of agreements between any Users, including between Campaign Owners and Contributors or Campaign Owners and any third parties.
- f. You are responsible for your Campaigns, even if you engage our help. SuSeeYar may offer services to Users, including without limitation, helping with drafting Campaign content, assisting with the design of Campaigns, and referring vendors and other service providers to Campaign Owners. Such services will be subject to separate agreement between Campaign Owners and SuSeeYar. Even if SuSeeYar helps with your Campaign, Campaign Owners remain solely responsible for the Campaign and shall comply with all obligations herein as the only responsible party for the Campaign.
7. Fees and Taxes
- a. Service Fees. There are no fees for creating an account on the Site. Campaign Owners are charged a Service Fee as a portion of the Contributions they raise. The Service Fees are effective on the date that the Service Fees are posted, and will be announced on Service Fee page.
- b. Taxes. Taxing authorities may classify Contributions as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. SuSeeYar may ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that SuSeeYar may report taxable income to the relevant taxing authorities. SuSeeYar will provide Campaign Owners with a tax document if required by the relevant taxing authorities. SuSeeYar is unable to provide any User or third party with tax advice and suggests that such Users or third parties consult with tax advisors of their choice.
8. Intellectual Property
- a. SuSeeYar Intellectual Property. SuSeeYar’s Services, Content and Marks, are legally protected in a number of ways, including copyright, trademark, trade secrets, and other Myanmar and international intellectual property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any SuSeeYar Content, Services or Marks, accessed through the Site or the Services. You agree not to change, translate, or otherwise create derivative works of the Services.
- b. Limited User Rights; License to SuSeeYar Content. SuSeeYar grants you a limited license to access and use User Content and SuSeeYar Content, solely for use of the Services (the license is worldwide, non-exclusive, non-sub licensable, non-transferable license), in accordance with these Terms. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or SuSeeYar Content without written permission to do so. User Content and SuSeeYar Content is licensed, and not sold, to you. SuSeeYar reserves the right to revoke this license to access and use User Content and SuSeeYar Content granted to you at any time.
- c. SuSeeYar Trademark Policy. You may use the SuSeeYar Marks only for a Campaign.
9. Your Intellectual Property
Your User Content remains your property and is protected, without limitation, pursuant to Myanmar and foreign copyright and other intellectual property laws. When you submit User Content to the Site or via the Services, you agree to the following terms:
- a. You shall allow SuSeeYar to use User Content. You grant SuSeeYar a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub licensable, transferable, right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to User Content.
- b. SuSeeYar may make changes to or delete User Content. You grant SuSeeYar the right to make changes, edits, modifications, translations, formatting, or otherwise change or delete any User Content.
- c. You have all legal rights to User Content. You represent and warrant that: (1) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to SuSeeYar with respect to your User Content; (2) your User Content does not and will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law; and (3) SuSeeYar shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your User Content or have any liability to a User or any other party as a result of any use or exploitation of your User Content.
10. SuSeeYar’s Rights Concerning User Accounts; Termination
- a. SuSeeYar has the right to monitor, terminate, suspend, or delete any User Account at any time for any reason, or no reason. It is SuSeeYar’s policy not to comment on any reasons for termination and SuSeeYar has no obligation to provide you with a reason for termination.
- b. SuSeeYar will not have any liability to you or third parties for any use of the Services associated with your account or Campaign. Upon termination, you shall cease all use of the Services and User Content. All representations and warranties shall survive termination.
11. Payment Services
- a. Credit card payment processing services for Campaign Owners on SuSeeYar are provided by Stripe, Inc. or CB Bank ("Credit Company") and CB Bank are subject to the Credit Company Agreement. As a Campaign Owner, you agree to be bound by the Credit Company Agreement, as the same may be modified by the Credit Company from time to time. As a condition to SuSeeYar enabling credit card payment processing services through the Credit Company, you agree to provide SuSeeYar accurate and complete information about you and your business, and you authorize SuSeeYar to share any such information with the Credit Company, as well as transaction information related to your use of the payment processing services provided by the Credit Company. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. SuSeeYar is not responsible for the performance of any third party credit card processing or third party payment services.
12. System Outages and Maintenance
The Services may be unavailable for scheduled maintenance and other purposes, or because of unplanned outages or other malfunctions. SuSeeYar is not responsible if the Services are unavailable, or if you lose any data, information, or User Content for any reason.
- a. You agree to defend, indemnify and hold harmless SuSeeYar, its subsidiaries and affiliated companies, and their officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys' fees and costs) and all amounts paid in settlement arising from or relating to, breach of these Terms (including, but not limited to, failure to fulfill a Perk or refund a contribution) or violation of any laws. SuSeeYar reserves the right, at SuSeeYar’s own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify SuSeeYar and you agree to assist and cooperate with SuSeeYar as reasonably required in the defense or settlement of any such matters.
14. No Warranty
SUSEEYAR HAS NO FIDUCIARY DUTY TO ANY USER. THE SERVICES, SUSEEYAR CONTENT, USER CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE OR THROUGH THE USE OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUSEEYAR AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SUSEEYAR AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF SUSEEYAR OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
15. Disclaimer of Liability
- a. Use the Services at your own risk. SuSeeYar makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content posted on the Services. SuSeeYar does not guarantee the fulfillment or the performance of any Perks, or that Contributions will be used as described in the Campaign. SuSeeYar does not control or endorse User Content posted on the Site or in any Services and, as such, does not guarantee in any manner the reliability, validity, accuracy or truthfulness of such User Content. SuSeeYar is not liable for any damages or losses related to your use of the Services. SuSeeYar does not become involved in disputes between Users, or between Users and any third party relating to the use of the Services.
- b. You shall release SuSeeYar from all claims. When you use the Services, you shall release SuSeeYar from claims, damages, and demands of every kind - known or unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or in any way related to such disputes and the Services. All Content that you access or use through the Services is entirely at your own risk and you are solely responsible for any resulting damage or loss to any party.
- c. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND USER CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER SUSEEYAR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUSEEYAR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SERVICES; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES; OR (G) YOUR CAMPAIGNS OR CONTRIBUTIONS.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF SUSEEYAR AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, SERVICES, OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO SUSEEYAR BY YOU HEREUNDER, OR FIFTY (50) UNITED STATES DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
SuSeeYar does not offer investment advice or analysis, nor does it endorse or recommend investments in any company or the suitability of an investment for any particular investor. SuSeeYar does not provide any services as a broke-dealer or financial or investment advisor. SuSeeYar makes no representation or warrant as to the adequacy, accuracy or completeness of information found anywhere on its website. Any opinions or forecasts expressed herein are only SuSeeYar’s and are not intended as investment advice and are subject to change without notice.
17. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
SuSeeYar encourages you to contact SuSeeYar if you have an issue, as most issues can be resolved without the involvement of an arbitrator. If negotiations do not resolve any disputes relating to your use of SuSeeYar or these Terms, you and SuSeeYar agree to submit the dispute to arbitration.
Any dispute arising out of in connection with this Term, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, with rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Singapore. The Tribunal shall consist of 3 arbitrators. The language of the arbitration shall be English.
This Term is governed by the laws of Myanmar. If the Term is translated into any language other than English, the translation is reference only and the English language texts in the Term shall always prevail.
This “Dispute Resolution and Arbitration” section shall survive any termination of your account, these Terms, or the Services.
- a. "Campaign Owners" are those Users who raise funds through the Site and Services;
- b. "Content" are Campaign Owners’ fundraising campaigns through the Services;
- c. "Content" refers to all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof offered through the Services;
- d. "Contributors" refers to those Users contributing funds to Campaigns;
- e. "Contributions" refers to funds donated to Campaigns by Contributors;
- f. "SuSeeYar" refers to service provided by Aluto Benli Co., Ltd., a private company limited by share incorporated in Myanmar, together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors;
- g. "SuSeeYar Content" refers to Content provided by Aluto Benli Co., Ltd. to Users in connection with the Services, including, without limitation, the software, the products and the site;
- h. "Infringement" refers to the unauthorized or not permitted use of copyrighted material or other intellectual property rights;
- i. "Marks" refers to the trademarks, service marks, and logos used and displayed throughout the Services or in any or in any SuSeeYar Content;
- j. "Perks" refers to the gifts or rewards in the form of tangible items or intangible services offered by Campaign Owners to Contributors;
- k. "PII" refers to personally-identifiable information;
- l. "Services" refers to the Site, mobile applications or connected applications, other offerings and services provided on the Site;
- m. "Site" refers to the SuSeeYar website(s);
- o. "User," "you," or "your" refers to Campaign Owners, Contributors or any other visitor to the Site or users of the Services, either individually or collectively;
- p. "User Content" refers to Content uploaded, transmitted or posted to the Services by a User, including User Content in a Campaign.
19. Full Agreement Between You and SuSeeYar
These Terms are the entire agreement between You and SuSeeYar with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and SuSeeYar with respect to the Services and govern our relationship. If any provision of these Terms are deemed invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. SuSeeYar's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
SuSeeYar may modify or discontinue the Services at any time, in SuSeeYar’s sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and SuSeeYar’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services, whether brought in arbitration or before a court of law, shall commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.