Terms of Service
Access to ⋈ BowTie is provided under the following conditions.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Seed Worthy, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your Bowtie Account or Site.
If you create an Account or Site on the Website, you are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your content. You must not describe or assign keywords to your Site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Seed Worthy may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Seed Worthy liability. You must immediately notify Seed Worthy of any unauthorized uses of your Site, content, your account or any other breaches of security. Seed Worthy will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Site or content creator.
If you have an Account or provide content to a Site, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, physical goods, or any other product. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your Site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Site’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Seed Worthy or otherwise.
By submitting Content to Seed Worthy for inclusion on your Website, you grant Seed Worthy a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Site. If you delete Content, Seed Worthy will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Seed Worthy has the right (though not the obligation) to, in Seed Worthy’s sole discretion (i) refuse or remove any content that, in Seed Worthy’s reasonable opinion, violates any Seed Worthy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Seed Worthy’s sole discretion. Seed Worthy will have no obligation to provide a refund of any amounts previously paid.
Payment, Renewal, and Other Terms.
Paid services include but are not limited to storage, domain names, security certificates, email handling, and other features (“Services”). By selecting Services you agree to pay Seed Worthy the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for Services and will cover the use of that service for a monthly or annual subscription period as indicated. Services fees are not refundable.
Unless you notify Seed Worthy before the end of the applicable subscription period that you want to cancel Services, your Services subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Services (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time in the Services section of your site’s dashboard.
Responsibility of Website Visitors.
Seed Worthy has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Seed Worthy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Seed Worthy disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
BowTie provides for data transfer up to 10 GB per month as part of your BowTie plan unless otherwise specified by your plan. Data transfer beyond your plan quota will be charged at $0.02 cents per GB, unless otherwise specified by your plan.
BowTie is intended as a front-end application platform and will provide storage up to 5 GB. Any storage of assets, applications, digital files, or any other material beyond 5 GB is at the sole discretion of The Company.
Terms of Service Generator.
As part of the Bowtie service, a Terms of Service Generator (“TOSG”) is provided. Seed Worthy and Bowtie provide this only as a convenience service and placeholder for an actual terms of services to be provided by the Site Operator. Seed Worthy makes no claims that the content provided by the TOSG is accurate, sufficient, legally binding, or in any other way representative of the terms and service needed by any Site Operator on the Bowtie platform. It is the sole responsibility of the Site Operator to secure reasonable and appropriate terms of services in support of their business. Seed Worthy strongly recommends that you have a legal representative draft a terms of service specific to you product and business.
Any and all domains, top level domains (TLDs), URLs, or other web addresses obtained through Seed Worthy or Bowtie.io are solely the property of and under full ownership of Seed Worthy LLC regardless of who, either Seed Worthy LLC or the user, purchases the asset. The ownership of the domain then transfers to the user via a lease-to-own mechanism. This mechanism makes the domain immediately available to the user and wholly owned by Seed Worthy. Regardless of the value of the domain, based solely on the purchase price paid at the time of acquiring the domain, the domain will transfer to the user in 12 (twelve) equal parts (one twelfth per month), one part each month, until fully under the ownership of the user. At any time during the one year ownership transfer the client may elect to stop service with Seed Worthy or Bowtie. In the event that service is voluntarily discontinued by the user before the full value of the domain has transferred to that party, they may elect to either pay in cash the remaining value of the domain and assume full ownership OR not pay in cash the remaining value of the domain and thereby fully and permanently surrender the domain to Seed Worthy without any residual rights, claims, and expectations to that domain. Should Seed Worthy or Bowtie terminate service to the user for cause as defined in this Terms of Service, the user surrenders all rights to the domain regardless of how much has transferred to them and in doing so waive all rights, claims, and expectations of ownership of the domain and forfeits any earned ownership of the domain to that point.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Bowtie links, and that link to Bowtie. Seed Worthy does not have any control over those non-Bowtie websites and webpages, and is not responsible for their contents or their use. By linking to a non-Bowtie website or webpage, Seed Worthy does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Seed Worthy disclaims any responsibility for any harm resulting from your use of non-Bowtie websites and webpages.
Copyright Infringement and DMCA Policy.
As Seed Worthy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Bowtie violates your copyright, you are encouraged to notify Seed Worthy in accordance with Seed Worthy’s Digital Millennium Copyright Act (“DMCA”) Policy. Seed Worthy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Seed Worthy will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Seed Worthy or others. In the case of such termination, Seed Worthy will have no obligation to provide a refund of any amounts previously paid to Seed Worthy or Bowtie.
This Agreement does not transfer from Seed Worthy to you any Seed Worthy, Bowtie, or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Seed Worthy. Seed Worthy, Bowtie, the Website, the logo, and all other trademarks, service marks, graphics and logos used in connection with Seed Worthy, Bowtie, or the Website are trademarks or registered trademarks of Seed Worthy or Seed Worthy’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Seed Worthy or third-party trademarks.
Seed Worthy reserves the right to display advertisements on your Site unless you have purchased specific rights to control advertisements.
Seed Worthy reserves the right to display attribution links such as ‘Site at Bowtie.io,’ theme author, and other attribution in your blog footer or toolbar.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
Seed Worthy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Seed Worthy may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Seed Worthy may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Bowtie account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
At any time, Seed Worthy and/or Bowtie reserves the right to throttle, slow, terminate, or otherwise control transmission of data should the quantity or nature of data from clients be determined to be excessive or not in keeping with Company mission. Should this occur Seed Worthy will provide adequate and complete notice to the user.
Disclaimer of Warranties.
The Website is provided “as is”. Seed Worthy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Seed Worthy nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will Seed Worthy, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Seed Worthy under this agreement during the twelve (12) month period prior to the cause of action. Seed Worthy shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Seed Worthy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Seed Worthy and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Seed Worthy, or by the posting by Seed Worthy of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New Mexico, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bernalillo County, New Mexico. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Albuquerque, New Mexico, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Seed Worthy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you believe that content available by means of the Website (as defined in our Terms of Service) infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. If Seed Worthy takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Seed Worthy.
Your Infringement Notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org.
Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
Please follow these steps to file a notice:
Verify that the Site in question is hosted by Seed Worthy. We have no control over Sites that say “Powered by Bowtie,” or similar effective statement. Those Sites use the Bowtie product and are not under Seed Worthy’s direct control. Please contact the appropriate web host with complaints.
Contact the Site owner directly. Go to the Site in question and leave a comment with your complaint to see if the matter can be resolved directly between you and the owner.
Send your complaint to our designated agent. Please see this form for information about our registered DMCA agent. If the issue cannot be resolved directly with the blogger, send your complaint to our designated agent at (we prefer email):
Seed Worthy, LLC
PO BOX 70002
Albuquerque, NM 87111
Attn: General Counsel
You must include the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Seed Worthy to find and positively identify that content. For example we require a link to the specific Site page (not just the name of the Site) that contains the content and a description of which specific portion of the content – an image, a link, the text, etc – your complaint refers to;
- Your name, address, telephone number and email address;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.
Please note that a copy of your infringement notice, including any contact information you provide (address, telephone number, and email address), will be forwarded to the user who uploaded the content at issue.
Your privacy is important to us. At Seed Worthy we have some key principles that guide our work:
- We don’t ask you for personal information unless we truly need it. (The name of your best friend and your blood type are your business not ours.)
- We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
- We don’t store personal information on our servers unless required for the on-going operation of one of our services.
Like most website operators, Seed Worthy collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as (but not necessarily limited to) the browser type, language preference, referring site, and the date and time of each visitor request. Seed Worthy’s purpose in collecting non-personally identifying information is to better understand how Seed Worthy’s visitors use its website. From time to time, Seed Worthy may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Seed Worthy also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Sites. Seed Worthy only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses may be visible and disclosed to the administrators of the Site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Seed Worthy’s websites choose to interact with Seed Worthy in ways that require Seed Worthy to gather personally-identifying information. The amount and type of information that Seed Worthy gathers depends on the nature of the interaction. For example, we ask visitors who sign up for Services at Bowtie to provide a username and email address (or some login credential). Those who engage in transactions with Seed Worthy are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Seed Worthy collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Seed Worthy. Seed Worthy does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Seed Worthy may collect statistics about the behavior of visitors to its websites. For instance, Seed Worthy may monitor the most popular Sites on Bowtie. Seed Worthy may display this information publicly or provide it to others. However, Seed Worthy does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Seed Worthy discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Seed Worthy’s behalf or to provide services available at Seed Worthy’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using any of Seed Worthy’s websites, you consent to the transfer of such information to them. Seed Worthy will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Seed Worthy discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Seed Worthy believes in good faith that disclosure is reasonably necessary to protect the property or rights of Seed Worthy, third parties or the public at large. If you are a registered user of a Seed Worthy website and have supplied your email address, Seed Worthy may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Seed Worthy and our products. We expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Seed Worthy takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Seed Worthy, or substantially all of its assets, were acquired, or in the unlikely event that Seed Worthy goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Seed Worthy may continue to use your personal information as set forth in this policy.