SETVI, INC. – GENERAL TERMS AND CONDITIONS OF USE
These General Terms and Conditions of Use ("Terms") are entered into by and between you and SETVI, Inc., a Pennsylvania corporation ("SETVI"). In consideration of your use of and access to SETVI’s Internet sites, SETVI’s mobile services, and other websites and services on which these Terms are posted or expressly referenced ("SETVI Services"), and the promises and obligations herein, and intending to be legally bound, you and SETVI hereby agree as follows:
AGREEMENT TO BE BOUND
Separate Terms, as modified from time to time, shall apply in connection with your use of that SETVI Service. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate Terms shall govern. BY USING THE SETVI SERVICES,
YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, you are not authorized to and should not use the SETVI Services and your sole recourse shall be to refrain from use of the SETVI Services.
CHANGES IN TERMS
These Terms shall be available at: http://www.setvi.com/terms-of-use/
SETVI shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the SETVI Services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the SETVI Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed apprised of and bound by any modification by SETVI to these Terms. ANY ACCESS OR USE OF THE SETVI SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR
ADDITIONS. No modification to or waiver of any of these Terms by any party other than SETVI shall be valid or enforceable against SETVI unless expressly agreed to by SETVI in a writing signed by a duly authorized officer of SETVI.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by SETVI on or through the SETVI Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. SETVI may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on SETVI in any way, except to the extent expressly indicated otherwise in writing by SETVI.
Unless otherwise expressly noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by SETVI or by third parties that have licensed their use to SETVI. Subject to and during the term of these Terms, SETVI grants to you a limited, revocable, non-exclusive, non- transferable, non-sublicensable license to access and make use of the SETVI Services.
You may view and use the Content only for your personal information and for the intended personal use of the SETVI Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. SETVI grants you permission to print individual pages or screens from the SETVI Services, unless otherwise expressly noted, for your own personal, noncommercial use in learning about and evaluating the services or products offered through the SETVI Services. Except as provided in the foregoing, SETVI does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the SETVI Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except to the extent expressly permitted in these Terms, in the Content or in a writing signed by SETVI, is strictly prohibited.
This Limited License is not a transfer of title, and all rights, title, and interest in all Content, and in all other intellectual property rights related to the SETVI Services, shall at all times remain with SETVI or its third party Licensor.
Portions of the SETVI Services may be accessible only to registered users. If you use any such portion of the SETVI Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password. SETVI reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
These Terms are effective until terminated by SETVI. SETVI may terminate these Terms without notice and at any time in connection with any of the SETVI Services. In the event of termination, you are no longer authorized to access those SETVI Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
SETVI shall also have the right without notice and at any time to terminate some or all of the SETVI Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use the SETVI Services, or any feature or portion thereof, or any content or data submitted to SETVI or the SETVI Services by any user.
LINKED THIRD PARTY SITES
Links to other Internet sites operated by third parties (regardless of any affiliation with SETVI) do not constitute sponsorship, endorsement, or approval by SETVI of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by SETVI, and SETVI is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access
them at your own risk.
Without limiting the foregoing, SETVI specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. Nonetheless, SETVI seeks to protect the integrity of the SETVI Services, including any links, and therefore request any feedback (including if a specific link does not work).
SETVI reserves the right to block or remove communications or materials that it determines to be unacceptable to SETVI in its sole discretion. Harassment in any manner or form on or through the SETVI Services is strictly forbidden. Impersonation of others, including a SETVI employee, host, or representative, as well as other members or visitors on the SETVI Services is prohibited. You may not upload to, distribute, or otherwise publish through the SETVI Services any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.
NOTICE AND ELECTRONIC COMMUNICATIONS
You consent to receive communications from SETVI electronically. SETVI will communicate with you by e-mail or by posting notices on the SETVI Services. You agree that all greements, notices, disclosures and other communications that SETVI provides to you
electronically satisfy any legal requirement that such communications be in writing.
You agree to defend, indemnify, and hold harmless SETVI and its affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms, your access to or use of the SETVI Services, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the SETVI Services using your account. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the SETVI Services or any product or service provided to you arising out of or relating to your use of the SETVI Services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SETVI SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SETVI SERVICES ARE PROVIDED BY SETVI ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SPECIFIED IN WRITING BY SETVI.SETVI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SETVI SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HESETVISERVICES,EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SPECIFIED IN WRITING BY SETVI. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SETVI SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SETVI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SETVI DOES NOT WARRANT THAT THE SETVI SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SETVI SERVICES, SETVI'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SETVI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER SETVI, NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SETVI SERVICES OR THEIR CONTENT, WILL BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM OR IN ANY WAY CONNECTED TO THE USE OF ANY SETVI SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SETVI SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES, EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SPECIFIED IN WRITING BY SETVI, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 MIGHT HAVE ADDITIONAL RIGHTS.
SETVI respects the value of intellectual property, and the Digital Millennium Copyright Act (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 that Content on the SETVI Services is used in a way that constitutes infringement of your copyright rights, please provide SETVI the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work that is allegedly infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;
• Identification of where the allegedly infringing material is located on the SETVI Services, including the specific website URL or software app or application, if applicable;
• Information reasonably sufficient to permit SETVI to contact you, such as your address, telephone number and email address;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
• A statement by you, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed and that the information in your
notification is accurate.
The SETVI agent for notice of claims of copyright or other intellectual property infringement can be reached at the following address:
ATTN: General Counsel
3401 Market Street, Suite
Philadelphia, PA 19104
We suggest that you consult your legal advisor before filing a notice or counter-notice as the above-stated notification requirements may have changed. Please note that under Section 512(f) of the DMCA, any person who knowingly materially
misrepresents that material or activity is infringing may be subject to liability.
Software and other materials downloaded or otherwise made available on or through the SETVI Services may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the SETVI Services may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.
SETVI does not authorize the downloading or exportation of any software or technical data from the SETVI Services to any jurisdiction
prohibited by the United States Export Control Laws.
SETVI may assign its rights and duties under these Terms to any party at any time without notice to you.
You may contact SETVI regarding general legal issues by emailing: email@example.com
You may contact SETVI for account support by visiting: http://support.setvi.com
any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
SETVI shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties,
unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the SETVI Services shall not be construed as SETVI's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the Commonwealth of Pennsylvania. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions.