Terms of Use
Welcome to the Setty Picks website (the “Site”), which is operated by Setty Picks, LLC (“Setty Picks” or “we” or “us”).
These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Site and constitute a legally binding contract between you and your business name. These Terms incorporate any additional terms and conditions posted by Setty Picks through the Site, or otherwise made available to you by your business name.
The Privacy Policy (“Policy”) describes how Setty Picks may use and disclose information that we may collect about all users and viewers through the Site.
PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITE.
We may change these Terms and/or Policy from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or Policy through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Policy incorporating such changes, or otherwise notified you of such changes.
In the event of a conflict between these Terms and/or Policy, and any other applicable terms or agreement fully executed by you and your business name, the other applicable terms or agreement shall control.
The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); or offer opportunities to some or all Site users. Any changes will become effective when we post the revised Terms on the Site. Your use of the Site following these changes means that you accept the revised Terms.
1. ELIGIBILITY
By using the Site, you affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”, or collectively also referred to as “you”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Site and to any such Organization.
The Site is controlled by United States law. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
2. LICENSE
Subject to and conditioned on your compliance with these Terms, Setty Picks grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site, in each case solely for your personal and non-commercial use or for the purpose of doing business with your business name.
The Site, including all content, information, and materials incorporated into or made available through the Site, are the exclusive property of Setty Picks or its suppliers, and are protected by U.S. and international law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms.
All trademarks, service marks, and logos displayed on the Site (the “Marks”) are the exclusive property of Setty Picks or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Site grant, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.
3. RULES OF CONDUCT
In connection with the Site, you agree NOT to:
Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Insert or permit to be inserted, any malicious or harmful software into the Site, including but not limited to any software designed to (a) make unauthorized changes to or cause damage to the Site or Third-Party Materials as defined below; (b) copy, provide unauthorized access to, or prevent authorized access to the Site; or (c) prevent detection of any unauthorized invasion of the Site (“Malware”).
Use the Site for any unauthorized commercial purpose, including competing with your business name, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Site.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Site.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein.
Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Site.
Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service.
Systematically download and store Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without your business name’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Setty Picks grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Setty Picks reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
4. THIRD-PARTY MATERIALS
The Site may make available or provide links to third party webSite, content, services, or information (“Third-Party Materials”). Setty Picks does not control, and is not responsible for, any Third-Party Materials and the availability of any Third-Party Materials on the Site does not imply endorsement of, or affiliation with the provider of Third-Party Materials. Your use of Third-Party Materials is at your own risk.
This site is protected by the reCAPTCHA service and your use of reCAPTCHA on the Site is subject to Google LLC's (“Google”) Terms of Service and Privacy Policy. We use the reCAPTCHA service provided by Google to protect the Site and your submissions via internet submission forms on this Site. reCAPTCHA checks if you are a person in order to prevent certain Site functions from being abused. This plugin query includes the sending of IP address and other data such as your device data, cookies placed on your device (such as from Google), language and date information, installed plug-ins, and javascript objects which the reCAPTCHA service uses to evaluate your use of the Site. By using the reCAPTCHA service, you consent to the processing of data about you by Google in the manner and for the purposes set out above. If you do not agree, then do not use or access this Site.
5. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless your business name, and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Site (including any Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy. You may not enter into a settlement of a claim that involves a resolution other than one consisting solely of a monetary settlement, without your business name’s prior written consent. This indemnity obligation shall survive the termination of this Agreement
6. DISCLAIMER
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND Setty Picks EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE Site TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.
While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site are or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site.
7. LIMITATION OF LIABILITY
YOU AGREE Setty Picks AND ITS AFFILIATES, INCLUDING THEIR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE Setty Picks WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE Site IS TO STOP USING THE Site. YOU AGREE THE MAXIMUM AGGREGATE LIABILITY OF Setty Picks FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
8. TERMINATION
Setty Picks may terminate or suspend your access to the Site at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, (a) your right to access and use the Site will immediately cease; (b) Setty Picks may immediately deactivate or delete your user name, password and account; (c) Setty Picks will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in your business name’s sole discretion; and (d) except for the license granted to you to access and use the Site, the remaining provisions of these Terms will survive and continue in effect.
9. NOTICE OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Setty Picks a written notice by mail, email or fax, requesting that Setty Picks remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Setty Picks a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to: Email: settypicks@gmail.com
10. GOVERNING LAW; JURISDICTION
These Terms are governed by, and will be construed in accordance with, the laws of the state where you use or access the Site.
11. GENERAL
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and your business name. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Setty Picks relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Setty Picks relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Site or by email (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Setty Picks will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
12. CONTACT
If you have any questions or complaints about the Terms or the Policy, or if you would like to update any personal information you have provided to us, please contact the webmaster at settypicks@gmail.com.