Terms and Conditions

Seedtale Company Limited (hereinafter referred to as “Seedtale”) has put together the following terms and conditions to help users better understand how their use of the Seedtale website will be governed.

Your use and access of this website indicates that you accept these Terms and Conditions. If you do not agree, do not use the website. You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic program, algorithm or methodology, or any similar or equivalent manual process, to access or copy or monitor any portion of the website.

1. Ownership and Property Rights

Except as expressly provided in these Terms and Conditions, no part of the website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Seedtale’s express prior written consent.

You are authorized to download and share unlimited copies of your designs for your personal or commercial use, provided that you maintain the copyright and other notices contained in that content.

We want to allow our users to download a high number of resources. However, to avoid an irresponsible use of our images and resources, we have established some limits.

As a client, you have a limit of up to 50 downloads per day maximum. If you reach the limit, you won’t be able to download any more edited projects, even if you have downloaded the same files earlier in the day.

If you export a file you have already downloaded on a previous day, it will count as a new download from the 50 enabled for the day.

Please be aware that the download limit is restored daily at 23:59:59 GMT.

We feel that the number of downloads permitted are enough for most of our customers but we understand that, in specific situations, you may need to download more resources and that still might be in accordance with our terms of use. If you think this applies to you, please contact us at https://support.seedtale.com explaining your situation and we will be happy to help.

2. User Information

In the course of your use of the website, you may be asked for personally identifiable information. We uphold rigorous standards to uphold the integrity of this information as outlined in our Privacy Policy. You are solely responsible for the accuracy and content of your user information. You are also responsible for maintaining the confidentiality of your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Seedtale immediately of any unauthorized use of your account or password.

3. Third Party websites

In the course of your use of the website, you may be redirected to third party websites. We have no responsibility for the content or information provided by or through third party websites even if they are affiliates of ours.

Linking to third party websites does not imply our endorsement of that web website. We disclaim any liability for links to another website.

4. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SEEDTALE, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF SEEDTALE BE HELD LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THE WEBSITE OR WITH ANY DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, OR SERVICES OBTAINED THROUGH THE WEBSITE, EVEN IF SEEDTALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the foregoing, Seedtale is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website, Seedtale’s sole liability to you shall in no event exceed the greater of (a) the total amount of any subscription fees with respect to any service or feature of or on the website paid in the six (6) months prior to the date of the initial claim made against Seedtale, or (b) or One Hundred US Dollars ($100.00 USD).

5. Indemnity

You agree to indemnify and hold harmless Seedtale and its subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the website (including your use or misuse of any third party content); (ii) your breach or other violation of these Terms and Conditions including any representations, warranties and covenants herein; (iii) your violation of the rights of any other person or entity, including, but not limited to claims that any user content infringes or violates any third party intellectual property rights.

6. Exclusion of Warranties

The website, Seedtale content, or any other product, service or information provided by Seedtale, user content, third-party content, and any other software, services or applications made available in conjunction with or through the website, are provided on an "as is", "as available", "with all faults" basis without representations or warranties of any kind, either express, implied, or statutory, including, but not limited to, in terms of correctness, accuracy, reliability, or otherwise.

To the fullest extent permissible by applicable law, Seedtale hereby disclaims all warranties of any kind, either express or implied, including, any warranty of merchantability, fitness for a particular purpose, non-infringement, or arising from a course of dealing, with respect to the products or services provided by Seedtale.

7. Notices

Seedtale may provide you with notices by e-mail. You can opt-out of these communications at any time.

8. Free Trial, Fees & Payments

Premium products and services are offered on Seedtale. By selecting a premium account option, you agree to pay Seedtale the monthly or annual subscription fees for that service. Payments are charged 14 days after you sign up through the 14 days free trial period and will continue on a recurring basis until you cancel.

You can cancel your free trial anytime within the 14 days free trial period. If any problems occur you must contact Seedtale’s support within thirty (30) days of signing up for a standard or premium service.

9. Images, Photos & Graphics

Most images and/or photos available at Seedtale platform that are not being provided by active API were acquired and/or sourced from the public domain where uploaders have waived their copyright and related or neighbouring rights to these Images. You are free to adapt and use them for your own personal use without attributing the original author or source.

Since Seedtale does not require a written Model Release for each Image that shows identifiable people, we cannot guarantee that You will be able to use the Content for any purpose You like.

Certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. Seedtale does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them.

10. Digital Millennium Copyright Act (“DMCA”) or Copyright Infringement

The DMCA is only applicable for U.S. businesses. For non-US businesses, this kind of clause is usually called a Copyright Infringement clause instead.

Seedtale respects the intellectual property rights of others and we require our members to do the same. Seedtale members remain the original copyright owner in all content provided on the community. Use of the material in a manner which is inconsistent with the terms and conditions set forth herein is strictly prohibited.

Seedtale has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C §512. The contact information for our copyright department to receive notification of claimed copyright or intellectual property infringement (“Copyright Department”) is listed at the end of this policy.

If you believe in good faith your work has been copied or provided in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to Seedtale Copyright Department:

Information reasonably sufficient for Seedtale to contact you: name, address, phone and e-mail address (if available);

  • A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;
  • Information reasonably sufficient to permit Seedtale to locate your work on the site;
  • A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf;
  • A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim.

Kindly submit your statement to Seedtale by our support ticket system ( https://support.seedtale.com ) and please be sure to write DMCA Copyright Notice in the subject line.

11. Governing Law

This agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms and Conditions or its formation shall be governed by and construed in accordance with laws and the federal laws of Macau applicable therein.

12. Modification of the Terms

Seedtale reserves the right to update or modify the Terms and Conditions at any time without prior notice, and such changes will be effective immediately upon being posted on the website. These Terms and Conditions will identify the date of last update. In the case of material changes to the Terms and Conditions, Seedtale will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the website, or other similar mechanism.

13. Dispute Resolution

In the event of any controversy or dispute between Seedtale and you arising out of or in connection with your use of the website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator will be appointed by agreement between the parties or, in default of agreement, such arbitrator will be appointed by an Macau Judge of The Superior Court of Justice upon application of any of the said parties. A Judge of The Superior Court of Macau shall be entitled to act as such arbitrator, if he or she so desires. The arbitration shall be held in the City of Macau, Republic of China. The procedure to be followed will be agreed by the parties or, in default of agreement, determined by the arbitrator. The arbitration will proceed in accordance with the provisions of Arbitration Act, 1991 (Macau). The arbitrator will have the power to proceed with the arbitration and to deliver the award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Nothing in this section will prevent either party from seeking injunctive relief from a court of competent jurisdiction.

14. Miscellaneous

If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions so that these Terms and Conditions shall remain in full force and effect. These Terms and Conditions constitute the entire agreement between you and Seedtale with regard to your use of the website, and any and all other written or oral agreements or understandings previously existing between you and Seedtale with respect to such use are hereby superseded and cancelled.

This terms were last modified on June 8, 2019.