TERMS AND CONDITIONS

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

By using this website you acknowledge that you agree to these terms and conditions.

Overarching Agreement

Don't be uncool.

We at Setterboard are the sole determiners of what is uncool, but you likely know what it is already. If we suspect or determine that you're being uncool for any reason, we can choose to revoke access and usage of this website application at any time. No, you will not get a refund, but we won't continue to charge you either, because we're not uncool. Also, if you suffer any damages for revokation of your access and usages, we will not be held responsible—again, if you're uncool, you'll accept responsibility for your uncool behavior. So, again, don't be uncool.

All Other Terms of Use That You Agree To

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Setterboard's use of cookies in accordance with the terms of Setterboard's privacy policy.

License to use website

Unless otherwise stated, Setterboard and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation or to mutually-agreed (solicited) entities.

SUMMARY TERMS

THIS WEBSITEIS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES PROVIDED THROUGH OR ASSOCIATED WITH IT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.

By accessing or otherwise using this Site, you acknowledge that your use of the Site is solely at your own risk. We do not warrant or guarantee that the Site, or our services or communications are free of viruses, worms or other harmful components. Further, we do not guarantee the continuous, uninterrupted and error-free operation of the Site or any services, nor that all communications will be secure from access or interference by third parties.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO EXIT THIS WEBSITE.

Without limiting the foregoing, we will not be liable for any damage to your computer, communications equipment, or other property caused by, arising from or in any way relating to your accessing or use of this Site, or from your downloading of any materials or Apps from this Site, or for any damages arising out of a third party's unauthorized access to and use of your personal information stored on our computers and/or servers.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

You agree to indemnify, defend and hold harmless us, our subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorneys' fees, arising from or related in any way to your use of this Site or your breach of any provision of this Agreement.

If you do not agree to any of term of this Agreement, your sole and exclusive remedy is to discontinue using the Site.

This Site is created and maintained by us in the State of Illinois. You agree that the laws of the State of Illinois will govern this Agreement, without giving effect to any principles of conflicts of laws. Any action or proceeding arising from or relating in any way to this Agreement, or your use of the Site and/or any Services obtained through this Site must be brought exclusively in the state or federal courts located in Illinois, and you hereby consent to the personal jurisdiction of such courts and waive any objection to the exercise of their jurisdiction over you and/or the claim, including any objection based on the inconvenience of the forum. You further agree to file any cause of action with respect to this Agreement and/or any Services within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

This Agreement represents the entire understanding between you and us with respect to your use of the Site. This Agreement shall not be modified except as provided herein. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the maximum extent possible, and the offending provision shall be treated as though not a part of this Agreement or reformed to give it effect as close as possible to its original intent. Our failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights.

Except as otherwise stated, all copyrights and other rights in and to the Site are owned by us, or used and provided under the authorization of third parties.

Copyright Infringement Claims

We respect the intellectual property rights of third parties, and comply with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. We reserve the right to remove access to infringing material posted to the Site and the Services. Such actions do not affect or modify any other rights we may have.

If you believe that any portion of the material contained on this Site or available through this Site infringes your copyright, notify us of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512©(3).

To be effective, the Notification must be in writing, by email, which will be verified, and contain the following information:

• An electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has 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;
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Upon receipt of the written Notification containing the information outlined above, we will:

• Remove or disable access to the material that is alleged to be infringing;
• Forward the written notification to such alleged infringer;
• Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
• A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
• A physical or electronic signature of the alleged infringer;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which we may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person

DETAILED

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Setterboard’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Setterboard’s express written consent.

Restricted access

Access to certain areas of this website is restricted. Setterboard reserves the right to restrict access to areas of this website, or indeed this entire website, at Setterboard’s discretion.

If Setterboard provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Setterboard may disable your user ID and password in Setterboard’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Setterboard a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Setterboard the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Setterboard or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Setterboard reserves the right to edit or remove any material submitted to this website, or stored on Setterboard’s servers, or hosted or published upon this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Setterboard makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Setterboard does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Setterboard will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Setterboard has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Setterboard’s liability in respect of any:

• death or personal injury caused by Setterboard’s negligence;
• fraud or fraudulent misrepresentation on the part of Setterboard; or
• matter which it would be illegal or unlawful for Setterboard to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Setterboard has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Setterboard’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Setterboard’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Setterboard.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Setterboard and undertake to keep Setterboard indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Setterboard to a third party in settlement of a claim or dispute on the advice of Setterboard’s legal advisers) incurred or suffered by Setterboard arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Setterboard’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Setterboard may take such action as Setterboard deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Setterboard may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Setterboard may transfer, sub-contract or otherwise deal with Setterboard’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Setterboard in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Illinois State Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Illinois.

Registrations and authorisations

Setterboard is registered with ICANN. You can find the online version of the register at WHOIS.

Credit: This document was created using a Contractology template available at http://www.freenetlaw.com.