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| Terms of Service. |
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By using The InterPost, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). We may update the Terms of Service without notice to you, and you are responsible for checking the most current version of the Terms of Service at http://www.theinterpost.net/about/termsofservice/. 1. USE OF SERVICES In consideration of your use of The InterPost, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the services offered by Set Forever., and its subsidiaries or affiliated companies ("Set Forever"). You are responsible for maintaining the confidentiality of your Set Forever account password, and are responsible for all activities that occur under your account. You agree to immediately notify Set Forever of any unauthorized use of your password or account or any other breach of security. Set Forever cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1. Set Forever reserves the right to refuse service to anyone at any time without notice for any reason. 2. APPROPRIATE CONDUCT You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. You understand that by using
Set Forever services, you may be exposed to Content that is offensive, indecent
or objectionable.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United Kingdom or your country of residence. While Set Forever prohibits such conduct and Content in connection with The InterPost, you understand and agree that Set Forever may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to The InterPost. You also understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use The InterPost at your own risk. 3. SET FOREVER PRIVACY POLICY For information about our data protection practices, please see our Privacy Policy at http://www.setforever.net/privacypolicy/st_3/. By using The InterPost, you acknowledge and agree that Set Forever may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Set Forever, its users and the public. Set Forever will not be responsible or liable for the exercise or non- exercise of its rights under the Terms of Service. You understand that the technical processing and transmission of Set Forever services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 4. PROPRIETARY RIGHTS Set Forever's Rights You acknowledge and agree that The InterPost and any necessary software used in connection with Set Forever services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through Set Forever services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Set Forever or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Set Forever services or the Software, in whole or in part. Your Rights Set Forever claims no ownership or control over any Content submitted, posted or displayed by you on or through The InterPost. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through The InterPost and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Set Forever services which are intended to be available to the general public, you grant Set Forever a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such Content on Set Forever services solely for the purpose of displaying, distributing and promoting Set Forever services. This license terminates when such Content is deleted from the Set Forever service to which you originally submitted. Set Forever reserves the right to syndicate Content submitted, posted or displayed by you on or through The InterPost and use that Content in connection with any of the services offered by Set Forever. 5. POLICIES REGARDING COPYRIGHT, TRADEMARKS, AND BRAND FEATURES It is not in our policy to respond to notices of alleged infringement. If however you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Set Forever and we will our best to help. Any use of Set Forever's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Service. By submitting Content to The InterPost, you authorize Set Forever to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with Set Forever's authorized distribution of the Content. 6. SUBMISSION OF CONTENT THROUGH A BULK UPLOAD You agree not to post, email, or otherwise make available Content by using any form of automated device or computer program that enables the submission of postings on The InterPost without each posting being manually entered by the author (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. 7. GENERAL PRACTICES REGARDING USE AND STORAGE You agree that Set Forever has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Set Forever services. You acknowledge that Set Forever has set no fixed upper limit on the number of transmissions you may send or receive through Set Forever services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice. 8. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, or resell any portion of Set Forever services, use of Set Forever services, or access to Set Forever services. 9. MODIFICATIONS TO SERVICE Set Forever reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the The InterPost service (or any part thereof) with or without notice. You agree that Set Forever shall not be liable to you or to any third party for any modification, suspension or discontinuance of Set Forever services. 10. TERMINATION You may cancel your use of Set Forever services and/or terminate this Terms of Service with or without cause at any time by providing notice to Set Forever; provided, however, that a terminated account may continue to exist for up to thirty business days before such cancellation takes effect. Set Forever may at any time and for any reason, including a period of account inactivity, terminate your access to Set Forever services, terminate this Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Set Forever has previously cancelled or terminated your use of Set Forever services (in which case subsequent notice by Set Forever shall not be required), if you have provided an alternate email address, Set Forever will notify you via email of any such termination or cancellation, which shall be effective immediately upon Set Forever's delivery of such notice. Sections 13 through 19 of the Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination. 11. ADVERTISEMENTS Many Set Forever services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by Set Forever on its services are subject to change. You agree that Set Forever shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on Set Forever services. 12. LINKS Set Forever services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Set Forever has no control over such sites and resources, you acknowledge and agree that Set Forever is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Set Forever shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 13. INDEMNITY You agree to hold harmless and indemnify Set Forever, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of Set Forever services, violation of these Terms of Service or any other actions connected with use of Set Forever services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Set Forever will provide you with written notice of such claim, suit or action. 14. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
15. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT SET FOREVER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SET FOREVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SET FOREVER SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SET FOREVER SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SET FOREVER SERVICES; OR (v) ANY OTHER MATTER RELATING TO SET FOREVER SERVICES. 16. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS [14] AND [15] MAY NOT APPLY TO YOU. 17. NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service. 18. NOTICE You agree that Set Forever may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Set Forever services. 19. GENERAL INFORMATION Entire Agreement. The Terms of Service constitute the entire agreement between you and Set Forever and govern your use of Set Forever services, superseding any prior agreements between you and Set Forever. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Set Forever services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The Terms of Service and the relationship between you and Set Forever shall be governed by the laws of the County of West Midlands, United Kingdom without regard to its conflict of law provisions. You and Set Forever agree to submit to the personal and exclusive jurisdiction of the courts located within the town of Birmingham, West Midlands, United Kingdom. Waiver and Severability of Terms. The failure of Set Forever to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. Statute of Limitations. You 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 Set Forever services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms of Service are for convenience only and have no legal or contractual effect. |
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