Terms of Use
Setdefault.com is an open
discussion board and posting website that allows Members to post information,
opinions, comments, and other text in an open forum. The services offered by
Setdefault.com, Inc. ("Setdefault.com" or "we") include the
Setdefault.com website (the "Setdefault Website"), and any other features, content, or applications offered from
time to time by Setdefault.com in connection with the Setdefault Website (collectively, the "Setdefault Services"). The Setdefault Services are hosted
in the
This Terms of Use Agreement
("Agreement") sets forth the legally binding terms for your use of
the Setdefault Services. By using the Setdefault Services, you agree to be bound by this
Agreement, whether you are a "Visitor" (which means that you simply
browse the Setdefault Website) or you are a
"Member" (which means that you have registered with Setdefault.com).
The term "User" refers to a Visitor or a Member. You are only
authorized to use the Setdefault Services (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 Setdefault Website and
discontinue use of the Setdefault Services immediately.
If you wish to become a Member, communicate with other Members and make use of
the Setdefault Services, you must read this Agreement
and indicate your acceptance during the Registration process.
This Agreement includes Setdefault.com's policy for acceptable use of the Setdefault Services and Content posted on the Setdefault Website, your rights, obligations and
restrictions regarding your use of the Setdefault
Services and Setdefault.com's Privacy Policy. In
order to participate in certain Setdefault Services,
you may be notified that you are required to download software or content
and/or agree to additional terms and conditions. Unless otherwise provided by
the additional terms and conditions applicable to the Setdefault
Services in which you choose to participate, those additional terms are hereby
incorporated into this Agreement. You may obtain a copy of this Agreement at:
http://www.setdefault.com/privacy.html.
Setdefault.com may modify
this Agreement from time to time and such modification shall be effective upon
posting by Setdefault.com on the Setdefault Website.
You agree to be bound to any changes to this Agreement when you use the Setdefault Services 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.
Please choose carefully the
information you post on Setdefault.com and that you provide to other Users.
Your Setdefault.com profile may not include the following items: telephone
numbers, street addresses, last names, and any photographs containing nudity,
or obscene, lewd, excessively violent, harassing, sexually explicit or
otherwise objectionable subject matter. Despite this prohibition, information
provided by other Setdefault.com Members (for instance, in their Profile) may
contain inaccurate, inappropriate, offensive or sexually explicit material,
products or services, and Setdefault.com assumes no responsibility or liability
for this material. If you become aware of misuse of the Setdefault
Services by any person, please contact Setdefault.
Setdefault.com reserves the
right, in its sole discretion, to reject, refuse to post or remove any posting
(including private messages) by you, or to restrict, suspend, or terminate your
access to all or any part of the Setdefault Services
at any time, for any or no reason, with or without prior notice, and without
liability.
1.
Eligibility. Use of and Membership in the Setdefault
Services is void where prohibited. By using the Setdefault
Services, you represent and warrant that (a) all registration information you
submit is truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 14 years of age or older; and (d) your use of the Setdefault Services does not violate any applicable law or
regulation. Your profile may be deleted and your Membership may be terminated
without warning, if we believe that you are under 14
years of age.
2.
Term. This Agreement shall remain in full force and effect while
you use the Setdefault Services or are a Member. You
may terminate your Membership at any time, for any reason, by following the
instructions on the Member's Account Settings page. Setdefault.com may
terminate your Membership at any time, without warning. Even after Membership is
terminated, this Agreement will remain in effect, including sections 5-17.
3.
Fees. You acknowledge that Setdefault.com reserves the right to
charge for the Setdefault Services and to change its
fees from time to time in its discretion. If Setdefault.com terminates your
Membership because you have breached the Agreement, you shall not be entitled
to the refund of any unused portion of subscription fees.
4.
Password. When you sign up to become a Member, you will also be asked
to choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account, username,
or password of another Member at any time or to disclose your password to any
third party. You agree to notify Setdefault.com immediately if you suspect any
unauthorized use of your account or access to your password. You are solely
responsible for any and all use of your account.
5.
Non-commercial Use by Members. The Setdefault
Services are for the personal use of Members only and may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by Setdefault.com. Illegal and/or unauthorized use of the Setdefault Services, including collecting usernames and/or
email addresses of Members by electronic or other means for the purpose of
sending unsolicited email or unauthorized framing of or linking to the Setdefault Website is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may be removed
from Member profiles without notice and may result in termination of Membership
privileges. Appropriate legal action will be taken for any illegal or
unauthorized use of the Setdefault Services.
6.
Proprietary Rights in Content on Setdefault.com.
A. Setdefault.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Setdefault Services. After posting your Content to the Setdefault Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Setdefault Services, you hereby grant to Setdefault.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Setdefault Services.
Without
this license, Setdefault.com would be unable to provide the Setdefault
Services. The license you grant to
Setdefault.com is non-exclusive (meaning you are free to license your Content
to anyone else in addition to Setdefault.com), fully-paid and royalty-free
(meaning that Setdefault.com is not required to pay you for the use on the Setdefault Services of the Content that you post), sublicensable (so that Setdefault.com is able to use its
affiliates and subcontractors such as Internet content delivery networks to
provide the Setdefault Services), and worldwide
(because the Internet and the Setdefault Services are
global in reach). This license will terminate at the time you remove your
Content from the Setdefault Services. The license
does not grant Setdefault.com the right to sell your Content, nor does the
license grant Setdefault.com the right to distribute your Content outside of
the Setdefault Services.
B.
You
represent and warrant that: (i) you own the Content
posted by you on or through the Setdefault Services
or otherwise have the right to grant the license set forth in this section, and
(ii) the posting of your Content on or through the Setdefault
Services does not violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person. You agree to pay for all
royalties, fees, and any other monies owing any person by reason of any Content
posted by you to or through the Setdefault Services.
C.
The
Setdefault Services contain Content of Setdefault.com
("Setdefault.com Content"). Setdefault.com Content is protected by
copyright, trademark, patent, trade secret and other laws, and Setdefault.com
owns and retains all rights in the Setdefault.com Content and the Setdefault Services. Setdefault.com hereby grants you a
limited, revocable, nonsublicensable license to
reproduce and display the Setdefault.com Content (excluding any software code)
solely for your personal use in connection with viewing the Setdefault
Website and using the Setdefault Services.
D.
The
Setdefault Services contain Content of Users and
other Setdefault.com licensors. Except for Content posted by you, you may not
copy, modify, translate, publish, broadcast, transmit, distribute, perform,
display, or sell any Content appearing on or through
the Setdefault Services.
7.
Content Posted.
A.
Setdefault.com
may delete any Content that in the sole judgment of Setdefault.com violates
this Agreement or which may be offensive, illegal or violate the rights, harm,
or threaten the safety of any person. Setdefault.com assumes no responsibility
for monitoring the Setdefault Services for
inappropriate Content or conduct. If at any time Setdefault.com chooses, in its
sole discretion, to monitor the Setdefault Services,
Setdefault.com nonetheless assumes no responsibility for the Content, no
obligation to modify or remove any inappropriate Content, and no responsibility
for the conduct of the User submitting any such Content.
B.
You
are solely responsible for the Content that you post on or through any of the Setdefault Services, and any material or information that
you transmit to other Members and for your interactions with other Users.
Setdefault.com does not endorse and has no control over the Content. Content is
not necessarily reviewed by Setdefault.com prior to posting and does not
necessarily reflect the opinions or policies of Setdefault.com. Setdefault.com
makes no warranties, express or implied, as to the Content or to the accuracy
and reliability of the Content or any material or information that you transmit
to other Members.
8.
Content/Activity Prohibited. The following is a partial list of
the kind of Content that is illegal or prohibited to post on or through the Setdefault Services. Setdefault.com reserves the right to
investigate and take appropriate legal action against anyone who, in Setdefault.com's sole discretion, violates this provision,
including without limitation, removing the offending communication from the Setdefault Services and terminating the Membership of such
violators. Prohibited Content includes, but is not limited to Content that, in
the sole discretion of Setdefault.com:
A.
is
patently offensive and promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
B.
harasses
or advocates harassment of another person;
C.
exploits
people in a sexual or violent manner;
D.
contains
nudity, violence, or offensive subject matter or contains a link to an adult
website;
E.
solicits
personal information from anyone under 18;
F.
provides
any telephone numbers, street addresses, last names, URLs or email addresses;
G.
promotes
information that you know is false or misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
H.
promotes
an illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files;
I.
involves
the transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming,"
or "spamming";
J.
contains
restricted or password only access pages or hidden pages or images (those not
linked to or from another accessible page);
K.
furthers
or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making or
buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
L.
solicits
passwords or personal identifying information for commercial or unlawful
purposes from other Users;
M.
involves
commercial activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, or pyramid schemes; or
N.
includes
a photograph of another person that you have posted without that person's
consent; or
The
following is a partial list of the kind of activity that is illegal or
prohibited on the Setdefault Website and through your
use of the Setdefault Services. Setdefault.com
reserves the right to investigate and take appropriate legal action against
anyone who, in Setdefault.com's sole discretion,
violates this provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is not limited to:
O.
criminal
or tortious activity, including child pornography,
fraud, trafficking in obscene material, drug dealing, gambling, harassment,
stalking, spamming, spimming, sending of viruses or
other harmful files, copyright infringement, patent infringement, or theft of
trade secrets;
P.
advertising to, or solicitation of, any Member to buy or sell any
products or services through the Setdefault Services.
You may not transmit any chain letters or junk email to other Members. It is
also a violation of these rules to use any information obtained from the Setdefault Services in order to contact, advertise to,
solicit, or sell to any Member without their prior explicit consent. In order
to protect our Members from such advertising or solicitation, Setdefault.com
reserves the right to restrict the number of emails which a Member may send to
other Members in any 24-hour period to a number which Setdefault.com deems
appropriate in its sole discretion. If you breach this Agreement and send
unsolicited bulk email, instant messages or other unsolicited communications of
any kind through the Setdefault Services, you
acknowledge that you will have caused substantial harm to Setdefault.com, but
that the amount of such harm would be extremely difficult to ascertain. As a
reasonable estimation of such harm, you agree to pay Setdefault.com $50 for
each such unsolicited email or other unsolicited communication you send through
the Setdefault Services;
Q.
any
automated use of the system, such as using scripts to send or post messages;
R.
interfering
with, disrupting, or creating an undue burden on the Setdefault
Services or the networks or services connected to the Setdefault
Services;
S.
attempting
to impersonate another Member or person;
T.
using
the account, username, or password of another Member at any time or disclosing
your password to any third party or permitting any third party to access your
account;
U.
selling
or otherwise transferring your profile;
V.
using
any information obtained from the Setdefault Services
in order to harass, abuse, or harm another person;
W.
using the Setdefault Services in a manner
inconsistent with any and all applicable laws and regulations.
9.
Copyright Policy. You may not post, modify, distribute, or reproduce
in any way any copyrighted material, trademarks, or other proprietary
information belonging to others without obtaining the prior written consent of
the owner of such proprietary rights. It is the policy of Setdefault.com to
terminate Membership privileges of any Member who repeatedly infringes the
copyright rights of others upon receipt of prompt notification to
Setdefault.com by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Setdefault Services in a way that
constitutes copyright infringement, please provide Setdefault
with the following information: (i) an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright interest; (ii) a description of the copyrighted work that you
claim has been infringed; (iii) a description of where the material that you
claim is infringing is located on the Setdefault
Services; (iv) your address, telephone number, and email address; (v) a written
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; (vi) a statement by
you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
10.
Member Disputes. You are solely responsible for your interactions with other
Setdefault.com Members. Setdefault.com reserves the right, but has no
obligation, to monitor disputes between you and other Members.
11.
Privacy. Use of the Setdefault Services is
also governed by our Privacy Policy, which is incorporated into this Agreement
by this reference.
12.
Disclaimers. Setdefault.com is not responsible for any incorrect or
inaccurate Content posted on the Setdefault Website
or in connection with the Setdefault Services,
whether caused by Users of the Setdefault Services or
by any of the equipment or programming associated with or utilized in the Setdefault Services. Messages created and posted by Members
on the Setdefault Website may contain links to other
websites. Setdefault.com is not responsible for the Content, accuracy or
opinions expressed on such websites, and such websites are in no way
investigated, monitored or checked for accuracy or completeness by
Setdefault.com. Inclusion of any linked website on the Setdefault
Services does not imply approval or endorsement of the linked website by
Setdefault.com. When you access these third-party sites, you do so at your own
risk. Setdefault.com takes no responsibility for third party advertisements
which are posted on this Setdefault Website or
through the Setdefault Services, nor does it take any
responsibility for the goods or services provided by its advertisers.
Setdefault.com is not responsible for the conduct, whether online or offline,
of any User of the Setdefault Services.
Setdefault.com assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of, any
User or Member communication. Setdefault.com is not responsible for any
problems or technical malfunction of any telephone network or lines, computer
online systems, servers or providers, computer equipment, software, failure of
any email or players due to technical problems or traffic congestion on the Internet
or on any of the Setdefault Services or combination
thereof, including any injury or damage to Users or to any person's computer
related to or resulting from participation or downloading materials in
connection with the Setdefault Services. Under no circumstances
shall Setdefault.com be responsible for any loss or damage, including personal
injury or death, resulting from use of the Setdefault
Services, attendance at a Setdefault.com event, from any Content posted on or
through the Setdefault Services, or from the conduct
of any Users of the Setdefault Services, whether
online or offline. The Setdefault Services are
provided "AS-IS" and as available and Setdefault.com expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
Setdefault.com cannot guarantee and does not promise any specific results from
use of the Setdefault Services.
13.
Limitation on Liability. IN NO EVENT SHALL SETDEFAULT.COM BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF SETDEFAULT.COM
14.
15.
Disputes. If there is any dispute about or involving the Setdefault Services, you agree that the dispute shall be
governed by the laws of the Commonwealth of Pennsylvania, USA, without regard
to conflict of law provisions and you agree to exclusive personal jurisdiction
and venue in the state and federal courts of the United States located in the
Commonwealth of Pennsylvania, City of Philadelphia. Either Setdefault.com or
you may demand that any dispute between Setdefault.com and you about or
involving the Setdefault Services must be settled by
arbitration utilizing the dispute resolution procedures of the American
Arbitration Association (
16.
Indemnity. You agree to indemnify and hold Setdefault.com, its
subsidiaries, and affiliates, and their respective officers, agents, partners
and employees, harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of
the Setdefault Services in violation of this
Agreement and/or arising from a breach of this Agreement and/or any breach of
your representations and warranties set forth above and/or if any Content that
you post on the Setdefault Website or through the Setdefault Services causes Setdefault.com to be liable to
another.
17.
Other. This Agreement is accepted upon your use of the Setdefault Website or any of the Setdefault
Services and is further affirmed by you becoming a Member. This Agreement
constitutes the entire agreement between you and Setdefault.com regarding the
use of the Setdefault Services. The failure of
Setdefault.com to exercise or enforce any right or provision of this Agreement
shall not operate as a waiver of such right or provision. The section titles in
this Agreement are for convenience only and have no legal or contractual
effect. This Agreement operates to the
fullest extent permissible by law. If any provision of this Agreement is
unlawful, void or unenforceable, that provision is deemed severable from this
Agreement and does not affect the validity and enforceability of any remaining
provisions.
Please contact us at: info@setdefault.com with any questions
regarding this Agreement.
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