Welcome to RecordSetter. RecordSetter.com and URDB.org (the "RecordSetter
sites") are operated by Universal Record Database, LLC (collectively referred to
as "RecordSetter," "it," "its," or "we"). By accessing or using RecordSetter, you (also referred
to as the "User" or "your") agree that you are of legal age to form a binding
contract, you are an emancipated minor, or you possess legal parental or
guardian consent, and that you have read, understand, and agree to be bound by
the following terms and conditions ("Terms of Use"). These Terms of Use apply to
all users of the RecordSetter sites and supersede any prior agreements between you and
RecordSetter, including, but not limited to, any prior Terms of Use. If you do not agree
to be bound by these Terms of Use, you should leave RecordSetter immediately. RecordSetter
reserves the right to periodically modify these Terms of Use without any notice
in any manner, including, but not limited to, revising, adding, or removing
portions or the entirety of these Terms of Use. Any modification is effective
upon the posting of the modified Terms of Use on the RecordSetter sites by Universal Record Database, LLC.
Your continued use of the RecordSetter sites indicates that you
have read, understand, and agree to be bound by the modified Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY AND FREQUENTLY, AS THEY CONTAIN
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
These Terms of Use, and any rights and licenses granted within these Terms of
Use, may not be transferred or assigned by you, but may be transferred or
assigned by RecordSetter without restriction.
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.
3. TERMINATION
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.
YOUR PERMISSION TO USE THE RECORDSETTER SITES AUTOMATICALLY TERMINATES IF YOU VIOLATE ANY
OF THESE TERMS OF USE. ANY RECORDS YOU HOLD MAY BE REPEALED AT ANY TIME IF RECORDSETTER
SUSPECTS THAT YOU ARE NOT COMPLYING WITH THESE REQUIREMENTS.
4. ELIGIBILITY
Access and use of RecordSetter is void where prohibited. By accessing and using RecordSetter, you
agree that:
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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;
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You will not use RecordSetter or any aspect of RecordSetter for any unlawful purpose or in any
manner that violates these Terms of Use;
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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;
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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
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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:
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impersonating another person or entity or falsely stating or otherwise
misrepresenting your affiliation with another person or entity;
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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;
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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;
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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;
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using the RecordSetter sites to create or submit any unsolicited or unauthorized
advertising, email, or other form of communication;
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soliciting personal information from anyone under 18;
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promoting commercial activities without prior written consent from RecordSetter,
including, but not limited to, contests, sweepstakes, barter, advertising, or
pyramid schemes;
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collecting or storing User information for commercial or unlawful purposes;
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modifying, adapting, hacking or otherwise manipulating any part of the RecordSetter
sites;
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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;
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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;
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circumventing, modifying, or otherwise interfering with any security technology
or software that is part of the RecordSetter sites;
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uploading, posting, or otherwise transmitting software worms, bots, viruses, or
any other code of a destructive nature;
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using the RecordSetter sites in any manner, intentionally or unintentionally, that
violates these Terms of Use or any applicable laws or regulations;
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using the RecordSetter sites in any manner that furthers or promotes any criminal
activity or enterprise or provides instructional information about illegal
activities; and
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allowing another person to use the RecordSetter sites in any manner that violates these
Terms of Use.
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
“User Content”
is Content that is posted by a User to the RecordSetter sites. By adding or uploading User Content to the RecordSetter sites, you are transferring ownership of such User Content to RecordSetter, including, but not limited to, any intellectual property rights you may have in such User Content. Such transfer irrevocably grants to RecordSetter the sole and exclusive worldwide ownership of all right, title and interest, (fully-paid, royalty-free, licensable and transferable (in whole or part) in and to the User Content and all elements thereof and the fully-paid, royalty-free, licensable and transferable (in whole or part) worldwide license to all embedded third-party copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights that you own or control, to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, edit, adapt, translate, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in RecordSetter’s sole discretion, in all media formats and channels now known or hereafter devised (including, but not limited to, on websites, cable and broadcast television networks and stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you or the foregoing third-party(ies), with or without attribution, and without the requirement of any permission from or payment to You or to any other person or entity.
In addition, by uploading User Content to the RecordSetter sites, you understand and agree that RecordSetter may, in its sole discretion, deploy, disseminate, publish, upload, and transfer such User Content to the YouTube and Facebook websites for the purposes of monetizing such User Content and maximizing advertising revenue generated by such User Content. Such revenue shall be shared with you under the terms and conditions of the agreement located at so long as you consent to the terms and conditions of such agreement and provide us with the information we need to forward such revenue to you.
By uploading, posting, or otherwise transmitting any User Content, you represent
and warrant that (1) you have all necessary written consents, releases, or
permissions to grant the foregoing licenses to RecordSetter; (2) you have all necessary
written consents, releases, or permissions of each and every identifiable
individual person in the User Content to use the name or likeness of that person
in the manner contemplated by RecordSetter and these Terms of Use; and (3) the
uploading, posting, or otherwise transmitting your User Content on or through
RecordSetter does not violate the legal rights of any person or entity, including, but
not limited to, privacy rights, publicity rights, copyrights, trademark rights,
or contract rights. WITHOUT LIMITATION TO THE PROVISIONS OF SECTION 15, BELOW,
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS RECORDSETTER AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY CLAIM, ADMINISTRATIVE
PROCEEDING, DEMAND, DAMAGE, OBLIGATION, LOSS, COST, DEBT, LIABILITY, OR EXPENSE,
INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD
PARTY DUE TO OR ARISING FROM YOUR BREACH OF THE FOREGOING REPRESENTATION AND
WARRANTY, OR RECORDSETTER'S USE, COPYING, PUBLISHING, DISTRIBUTION, TRANSMISSION,
TRANSFERENCE, CREATION OF DERIVATIVE WORKS OF, PUBLIC PERFORMANCE, OR PUBLIC
DISPLAY (IN WHATEVER MEDIA, AT OUR SOLE DISCRETION) OF ANY USER CONTENT
SUBMITTED BY YOU.
9. COPYRIGHT
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
Corey Henderson, RecordSetter, 228 Park Ave South, Suite 29280, New York, NY 10003-1502, [email protected], 646-912-6611 (phone), 206-600-4433 (fax).
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.
11. PRIVACY
Your use of RecordSetter is governed by our Privacy Policy,
which is incorporated into these Terms of Use by this reference. By using or
accessing RecordSetter, you agree that you have read, understand, and agree to be bound
by our Privacy Policy.
12. Links
The RecordSetter sites may contain links to third-party websites that are not owned or
controlled by RecordSetter. RecordSetter cannot control and assumes no liability or
responsibility for the availability, content, or practices of third-party
websites. RecordSetter's Terms of Use and Privacy Policy are applicable only when you
are on the RecordSetter sites. As such, we encourage you to read the policies of any
third-party websites that you visit when you leave the RecordSetter sites.
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.
NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE,
EMPLOYEE-EMPLOYER, OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY TYPE BETWEEN
RECORDSETTER AND ANY OTHER PARTY. THESE TERMS OF USE ARE BETWEEN RECORDSETTER AND YOU AND THEY
DO NOT, NOR SHALL THEY BE DEEMED TO, EXTEND RIGHTS TO ANY THIRD PARTY.
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.
15. INDEMNITY
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 terms of these Terms of Use;
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
You understand and agree that the RecordSetter sites shall be deemed solely based in the
State of New York ("New York"). The RecordSetter sites shall be deemed passive websites
that do not give rise to personal jurisdiction over RecordSetter either specific or
general, in jurisdictions other than New York, nor shall use of or access to the
RecordSetter sites be construed as the purposeful availment of the benefits or privilege
of doing business in any state other than New York by RecordSetter. You
understand and agree that, except to the extent applicable law, if any, provides
otherwise, any claim or cause of action arising out of the use of or access to
the RecordSetter sites or these Terms of Use shall be governed by the substantive laws
of New York, without respect to its conflict of laws principles. You further
understand and agree not to bring claims or causes of action on a
representative, class member basis, or as a private attorney general.
You and RecordSetter understand and agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of or
access to the RecordSetter sites or these Terms of Use must be filed within one (1) year
after the claim or cause of action arose. Otherwise, such claim or cause of
action is permanently barred. To the extent a claim or cause of action does
arise from the use or access to the RecordSetter sites or these Terms of Use, the claim
or cause of action shall be settled by binding arbitration. RecordSetter may elect to
resolve the dispute by binding arbitration conduct by telephone, on-line, or
based solely upon written submissions where no in-person appearance is required.
If in-person appearance is required, it shall be held in New York County, New
York, or another location mutually agreed upon by the parties. In all such
cases, the arbitration shall be held in the English language and administered by
the American Arbitration Association or Judicial Arbitration and Mediation
Services, Inc. in accordance with their applicable rules then in effect, or any
other established ADR provider mutually agreed upon by the parties. Any judgment
on the award rendered by the arbitrator may be entered in any court having
jurisdiction thereof. Notwithstanding the foregoing, each party shall have the
right to institute an action in a court of proper jurisdiction for preliminary
injunctive relief pending a final decision by the arbitrator, and the proper
venue for any disputes arising out of or relating to any of the same will be the
state and federal courts located in New York County, New York. You hereby
consent to, and waive all defenses of lack of personal jursidiction and forum
non conveniens with respect to, venue and jurisdiction in the state and federal
courts of New York Count, New York.
17. WAIVER AND SEVERABILITY OF TERMS
The failure of RecordSetter to exercise or enforce any right or provision of these Terms
of Use shall not constitute a waiver of such right or provision. If a court of
competent jurisdiction finds any provision of these Terms of Use to be invalid,
the court should give effect to the parties' intentions as reflected in the
provision, and all other provisions of these Terms of Use remain in full force
and effect.
18. VIOLATIONS OF TERMS OF USE
Please report any suspected violations of these Terms of Use to [email protected]
19. QUESTIONS
Please contact us at [email protected]
with any questions regarding these Terms of Use.
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Stephanie Jane
Wow
Darryl Learie
Fantastic job, Poorvie, I brings me great pleasure to see young children like yourself so disciplined in one art - I am very proud of your accomplishment ;)Darryl Learie
Peter Craig
Hey BrianPankey I reckon we might be close to topping this one. I think to keep it fair if it continues as a record category (as it's another "meta" record) criteria should be that the beaten attempts shouldn't just be of your own record, otherwise you could bend the rules to make minuscule improvements on the benchmark a hundred times simply to better this category which then completely undermines the point of this record and fills up the site with redundant records
Ian McGehee
PeterCraig you should have that record right?