Terms and Conditions

Effective March 24th, 2012

Please read these terms of use ("agreement") carefully before using the services offered by Setkick corp. (the "company"). the www.setkick.com website and domain name, and any other features, content, or applications offered from time to time by the company in connection therewith (collectively "website") are owned and operated by the company. this agreement sets forth the legally binding terms and conditions for your use of the website. by using the website in any manner, including but not limited to visiting or browsing the website, you agree to be bound by this agreement and the company's privacy policy posted on the website, which is incorporated herein by this reference.

Modifications To This Agreement

Company reserves the right, in its sole discretion, to modify this agreement at any time by posting a notice on the website, or by sending you a notice via email or postal mail. you shall be responsible for reviewing and becoming familiar with any such modifications. such modifications are effective upon first posting or notification, and use of the website by you following such posting or notification constitutes your acceptance of the terms and conditions of this agreement as modified. you agree to review this agreement regularly to ensure that you are updated as to any changes. this agreement, together with the company privacy policy and any other legal notices published by company on the website, shall constitute the entire agreement between you and company concerning the website.

Website Access

Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, Company hereby grants you permission to use the Website only as set forth in this Agreement, and provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Company's prior written authorization; (iii) you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose; (iv) you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website; (v) you may not decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website; and (vii) you may not link to the Website without Company's prior written consent.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Company servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. Company reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

Term

This Agreement shall remain in full force and effect while you use the Website. Company may terminate your access to the Website or your membership at any time, for any reason, and without warning.

Third Party Websites

The Website may contain links to third party websites that are not owned or controlled by Company. When you access third party websites, you do so at your own risk. Company encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Website, you expressly relieve Company from any and all liability arising from your use of any third party website.

Intellectual Property Rights

The content on the Website, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company reserves all rights not expressly granted in and to the Website and the Content. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

Warranty Disclaimer

To the fullest extent permitted by law, company, its suppliers and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof, including warranties of merchantability, fitness for a particular purpose and non-infringement.

Indemnity

You agree to defend, indemnify and hold harmless Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website or any Content; or (ii) your violation of any term of this Agreement or your representations and warranties set forth above.

Assignment

You may not transfer or assign this Agreement or any rights and licenses granted hereunder without the Company's prior written consent. The Company may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.

Limitation Of Liability

In no event shall company, its suppliers, or their respective officers, directors, employees, or agents, be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages whatsoever, including lost profits, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. subject to the foregoing, company's liability to you for any reason, will be limited to the amount paid, if any, by you to company for the company services in connection with the website.

Miscellaneous

If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of laws provisions. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Los Angeles, California. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. In any action to enforce rights or obligations under this Agreement, the prevailing party shall be entitled to recover costs and reasonable attorneys fees.