Effective Date: 11/15/2008
Last Updated: 6/28/2011
1. DESCRIPTION OF SERVICE
RecordSetter is an Internet-based service that permits users to view world records and submit their own world records. RecordSetter may contain advertisements, which are necessary to continue providing RecordSetter's services. RecordSetter is not responsible for third party advertisements or third party applications that are posted on the RecordSetter sites, nor is it responsible for the products provided by its advertisers.
2. MODIFICATIONS TO SERVICE
RecordSetter reserves the right to modify or terminate the RecordSetter sites for any reason at any time, temporarily or permanently, without prior notice. This includes, but is not limited to, the sale of RecordSetter to another entity. You agree that RecordSetter will not be liable to you for any modification or termination of the RecordSetter sites.
RecordSetter reserves the right, in its sole discretion, to refuse service to anyone, temporarily or permanently, at any time. You agree that any termination of your ability to use RecordSetter, including, but not limited to, the termination of your permission to use the RecordSetter sites, may occur without prior notice. You also agree that any world records you hold on the RecordSetter sites (your "Records") may be repealed without prior notice. Furthermore, RecordSetter reserves the right, at its sole discretion, to reject a User's Record submission, at any time and for any reason without prior notice.
Access and use of RecordSetter is void where prohibited. By accessing and using RecordSetter, you agree that:
You are responsible for knowing and complying with all applicable rules regarding Internet use, including, but not limited to, local laws and regulations relating to acceptable on-line conduct and content;
You are at least 18 years of age, or if you are younger than 18 years of age, you have parental permission to use the RecordSetter sites. If you are younger than 13 years of age, your parent may need to provide verifiable parental consent in order for you to use certain features of the site, such as submitting Records, which RecordSetter will obtain at the time you attempt to use those features;
All information, including, but not limited to, personal information and information relating to Records, that you submit to RecordSetter is truthful, accurate, and complete; and
You will maintain the truthfulness, accuracy, and completeness of all information, including, but not limited to, personal information and information relating to Records, submitted to RecordSetter. This includes, but is not limited to, promptly notifying RecordSetter if any information, including, but not limited to, personal information and information relating to Records, changes.
5. PROPRIETARY RIGHTS IN SITE CONTENT
You understand and agree that the content on the RecordSetter sites, except any data,
text, information, screen names, graphics, photos, accounts, audio and video
clips, links, or any other material (collectively "Content") uploaded, posted,
or otherwise transmitted by a User, is owned or licensed to RecordSetter and is
protected by applicable intellectual property and other laws. Except as
expressly authorized by RecordSetter, you agree not to modify, distribute, create
derivative works based on, rent, lease, loan, sell, resell, or offer for any
commercial purposes the RecordSetter sites, in whole or in part.
You further understand and agree that the content of sponsor advertisements that appear on the RecordSetter sites is protected by applicable intellectual property law and other laws. Except as expressly authorized by the applicable advertiser, you agree not to modify, distribute, create derivative works based on, rent, lease, loan, sell, resell, or offer for any commercial purposes the sponsor advertisement, in whole or in part.
The RecordSetter service makes it possible to post images and text hosted on RecordSetter to outside websites. This use is permitted as long as pages on other websites which display data hosted on the RecordSetter sites provide an easily identifiable link back to RecordSetter.
6. WORLD RECORDS
RecordSetter is not and cannot be responsible for its User's or other's conduct or safety during any attempt to create a world record to submit to RecordSetter. BY USING AND ACCESSING THE RECORDSETTER SITES, YOU UNDERSTAND AND AGREE THAT YOU ATTEMPT TO CREATE A WORLD RECORD AT YOUR OWN RISK. If you do become involved in an attempt to create a world record, including, but not limited to, your own attempt to create a world record or supporting another User's attempt to create a world record, to the fullest extent permitted by applicable law, you release RecordSetter and its officers, directors, employees, and agents from any and all claims, administrative proceedings, demands, damages, obligations, losses, costs, debts, liabilities, and expenses, including, but not limited to, reasonable attorneys' fees, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the attempt to create a world record.
7. USER CONDUCT
You are solely responsible for your conduct on the RecordSetter sites and any Content that you post to the site. RecordSetter reserves the right to investigate and take appropriate actions a Inappropriate User conduct and Content includes, but is not limited to:
impersonating another person or entity or falsely stating or otherwise misrepresenting your affiliation with another person or entity;
uploading, posting, or otherwise transmitting any Content that RecordSetter determines is harmful, abusive, harassing, threatening, hateful, vulgar, obscene, fraudulent, unlawful, tortious, defamatory, libelous, invasive to another person's or entity's privacy, exploitive, or racially, ethnically, or otherwise objectionable;
engaging in behavior that harms minors in any way, as seen by RecordSetter or applicable law, or that is otherwise destructive behavior, including, but not limited to, abusing, harassing, stalking, threatening, or intimidating another person or entity;
using or attempting to use any information obtained from the RecordSetter sites in order to harm, abuse, harass, stalk, threaten, or intimidate another person or entity;
using the RecordSetter sites to create or submit any unsolicited or unauthorized advertising, email, or other form of communication;
soliciting personal information from anyone under 18;
promoting commercial activities without prior written consent from RecordSetter, including, but not limited to, contests, sweepstakes, barter, advertising, or pyramid schemes;
collecting or storing User information for commercial or unlawful purposes;
modifying, adapting, hacking or otherwise manipulating any part of the RecordSetter sites;
modifying, adapting, hacking or otherwise manipulating any part of another website so as to falsely imply that it is associated with RecordSetter or to otherwise disguise the origin of the information delivered;
interfering with, disrupting, or otherwise creating an undue burden on the RecordSetter servers or connected networks, or disobeying any requirements, procedures, policies, or regulations of connected networks;
circumventing, modifying, or otherwise interfering with any security technology or software that is part of the RecordSetter sites;
uploading, posting, or otherwise transmitting software worms, bots, viruses, or any other code of a destructive nature;
using the RecordSetter sites in any manner that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; and
While RecordSetter prohibits inappropriate conduct and Content on the site, you understand and agree that RecordSetter cannot be responsible for other User's conduct or the Content posted on the RecordSetter sites and you may be exposed to such inappropriate conduct or Content when you visit the RecordSetter sites.
8. RIGHTS IN USER CONTENT
RecordSetter claims no ownership over any Content posted by RecordSetter Users ("User Content"). That said, RecordSetter cannot and will not be able to return any materials you send it, including, but not limited to, materials you send in support of your Record. The author retains all ownership rights in User Content, including, but not limited to, any intellectual property rights you may have, and the author is responsible for protecting those rights, but is not entitled to RecordSetter's help in protecting such User Content. However, when you upload, post, or otherwise transmit any User Content to RecordSetter, you grant RecordSetter, solely in consideration of the possibility of publicity and professional credit, an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide, and fully sublicensable license to use, copy, publish, distribute, transmit, transfer, modify, edit, create derivative works of, publicly perform, and publicly display in whatever media, now known or hereafter created, and at RecordSetter's sole discretion, such User Content for any purpose RecordSetter sees fit. Further, you agree that all moral rights in relation to any Content submitted to RecordSetter are waived, such that, without limitation, RecordSetter has no obligation to identify you as the author or creator of any such Content and you will have no right to object to the manner in which RecordSetter treats that Content.
RecordSetter undertakes to obey all relevant copyright laws. If you believe your copyrighted material appears on the RecordSetter site without your permission, please send us in writing:
- A physical or 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 are covered by a single notification, a representative list of such works;
- 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 RecordSetter to locate the material;
- Information reasonably sufficient to permit RecordSetter to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent ("Copyright Agent") to receive notification of claimed
infringement under the Digital Millennium Copyright Act of 1998 ("DMCA") is
Dan Rollman, RecordSetter,
After receiving a claim of infringement, RecordSetter will process and investigate the claims. Upon receipt of notices that comply or substantially comply with the DMCA's requirements, RecordSetter will act expeditiously to remove or disable access to any Content alleged to be infringing. RecordSetter will take reasonable steps to promptly notify the User that it has removed or disabled access to the User's Content.
If you believe your removed Content is not infringing, or that you have the legal authorization to post and use the removed Content, you may provide us with a counter notification by sending our Copyright Agent the following information in writing:
- Your physical or electronic signature;
- Identification of the Content 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 you have 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; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which RecordSetter may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
Upon receipt of a proper counter notification under the DMCA, RecordSetter will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification. Additionally, RecordSetter will inform that person that it will replace the removed material and cease disabling access to it in 10-14 business days following receipt of the counter notice, unless RecordSetter's Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on RecordSetter.
10. USER DISPUTES
You are solely responsible for your interactions with other Users. RecordSetter has no obligation to become involved in any dispute between you and other Users (a "User Dispute"). However, RecordSetter reserves the right to become involved in any User Dispute at RecordSetter's sole discretion.
If you do become involved in a User Dispute, to the fullest extent permitted by applicable law, you release RecordSetter and its officers, directors, employees, and agents from any and all claims, administrative proceedings, demands, damages, obligations, losses, costs, debts, liabilities, and expenses, including, but not limited to, reasonable attorneys' fees, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the User Dispute.
13. DISCLAIMER OF WARRANTIES
YOUR USE OF RECORDSETTER IS AT YOUR SOLE RISK. RECORDSETTER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, RECORDSETTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY AND RELIABILITY OF USER CONTENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RECORDSETTER MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, DELAY-FREE, SECURE, OR ERROR-FREE. RECORDSETTER IS NOT RESPONSIBLE FOR ANY DAMAGE DUE TO TECHNICAL PROBLEMS OR MALFUNCTION, INCLUDING, BUT NOT LIMITED TO, ANY INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM USE OF THE RECORDSETTER SITES OR DOWNLOADING MATERIALS IN CONNECTION WITH THE USE OF THE RECORDSETTER SITES.
UNDER NO CIRCUMSTANCES SHALL RECORDSETTER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF THE RECORDSETTER SITES OR CONDUCT OCCURRING IN CONNECTION WITH THE USE OF THE RECORDSETTER SITES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OR DAMAGE IN CONNECTION WITH AN ATTEMPT TO CREATE A WORLD RECORD.
14. LIABILITY LIMITATIONS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RECORDSETTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF RECORDSETTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROMDAMAGES, RESULTING FROM
- THE USE OR INABILITY TO USE THE SERVICE;
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE AND ACCESS TO, OR IN CONNECTION WITH YOUR USE OR ACCESS TO, OUR WEBSITE;
- ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR PERSONAL INFORMATION;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERANY OTHER MATTER RELATING TO THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF RECORDSETTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
You agree to indemnify, defend, and hold harmless RECORDSETTER and its officers, directors, employees, and agents, from and against any and all claims, administrative proceedings, demands, damages, obligations, losses, costs, debts, liabilities, and expenses, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising from:
- Your use and access to, or in connection with your use or access to, the RECORDSETTER sites;
- Your violation of any third party's right, including, but not limited to, any copyright or privacy right; and/or
- Any claim that your User Content caused damage to the third party.
16. JURISDICTION AND DISPUTES
17. WAIVER AND SEVERABILITY OF TERMS