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Welcome to the Social Setters Site (defined below). By using it, you are agreeing to these Terms of Use (defined below). Please read them carefully. If you have any questions, contact us at admin@thesocialsetters.com.

These Terms of Use were last updated on January 1, 2019.

ACCEPTANCE OF TERMS OF USE

Social Setters NY, Inc. (“Social Setters ” “we” or “us” or “our”) owns and operates the website, www.thesocialsetters.com, the mobile and touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, “Site“). By (a) using the Site and Social Setters ’s services through the Site, (b) completing a purchase on the Site, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Policy, incorporated herein by reference and located at http://www.thesocialsetters.com/privacy-policy/ (“Privacy Policy”), and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Policy, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “Terms of Use.” The term “using” also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining, or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY SOCIAL SETTERS SERVICE, PARTICIPATE IN ANY PROGRAM OR MAKE A PURCHASE OFFERED THROUGH THE SITE.

PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A) DISPUTE RESOLUTION/ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTION WAIVER DESCRIBED THEREIN, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION/RELEASE.

1. About the Site

The Site is a platform through which Social Setters, sells event planning and travel services. Upon check-out you understand that Social Setters will conduct research on your behalf in order to develop a customized event itinerary. The customized itinerary is based on the selections you chose when completing a questionnaire as part of the check-out process. Upon delivery of the customized event itinerary the following will occur (based on the package selected);

Scene Setter: You will receive your customized event itinerary within 12-24 hours. This package includes the customized event itinerary only and does not allow you to request revisions. Further, Social Setters is not responsible for making any bookings or arrangements with any establishment, vendor, location, or otherwise on your behalf.

Trend Setter: You will receive your customized event itinerary within 24-48 hours. This package includes the customized event itinerary and allows for up to 3 revision requests. Additionally, you will approve your itinerary. Upon approval, Social Setters, will make any bookings or arrangements with the merchant, establishment, vendor, location, or otherwise that you approved in which is included on the itinerary on your behalf utilizing the credit card you used to check out OR a new method of payment in which you provide. You agree to receive confirmation emails and other forms of communication from vendors, establishments, and other third parties upon making arrangements on your behalf in which you agree to in advance.

Jet Setter: You will receive your customized event itinerary within 48-72 hours. This package includes the customized event itinerary and allows for up to 3 revision requests. Additionally, you will approve your itinerary. Upon approval, Social Setters, will make any bookings or arrangements with the merchant, establishment, vendor, location, or otherwise that you approved in which is included on the itinerary on your behalf utilizing the credit card you used to check out OR a new method of payment in which you provide.This package includes access to a Social Setters representative before, during, and immediately following your event for assistance and support.

You agree to receive confirmation emails and other forms of communication from vendors, establishments, and other third parties upon making arrangements on your behalf in which you agree to in advance.

Merchants, establishments, vendors, and other service locations included in your customized event itinerary are solely responsible to you for the care, quality, and delivery of the goods and services provided. Information regarding these service providers will be provided to you on your customized event itinerary. Social Setters is not an agent of the Merchants.

Certain Offerings, Products, other available programs and pricing on the Site may change at any time in the Social Setters ’s sole discretion, without notice.

2. Ownership of the Site

The Site, any content on the Site, and the infrastructure used to provide the Site are proprietary to us. By using the Site and accepting these Terms of Use: (a) Social Setters  grants you a limited, personal, non transferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by the Social Setters; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site without the express permission of Social Setters.

3. Use of the Site

As a condition of your use of the Site, you agree that:

• You are at least 18 years or older;
• You are able to create a binding legal obligation;
• You are not barred from receiving products or services under applicable law;
• You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any other functionality;
• Your use of the Site will at all times comply with these Terms of Use;
• You will only make legitimate purchases
• You will only make purchases on the Site for your own use and enjoyment or as a gift for another person;
• You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current, and complete

4. Access to the Site

Social Setters retains the right, at our sole discretion, to deny service or use of the Site to anyone at any time and for any reason. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

5. Modification

We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you should not use the Site or any services offered through the Site after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms of Use as modified.

6. Your Information

You understand that upon check-out you will be asked to provide a valid debit/credit card. You are responsible for providing correct debit/credit card information upon submission. You understand and agree that Social Setters shall have no responsibility for any incident arising out of, or related to, you providing incorrect data. We will assume that anyone using the Site or transacting through the site, utilizing billing information inclusive of address, full name, birth date, and credit card information is you.

We also reserve the right to change or discontinue any aspect or feature of our services or the Site, including, without limitation, requirements for use.

7. Your Conduct

All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your package and/or forfeiture of any credits.

The following activities are prohibited on the Site and constitute violations of these Terms of Use:

• Submitting any content to the Site that:
  • Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);
  • Contains personal information, except when we expressly ask you to provide such information;
  • Contains viruses or malware;
  • Offers unauthorized downloads of any copyrighted, confidential, or private information;
  • Has the effect of impersonating others;
  • Contains messages by non-spokesperson employees of Social Setters  purporting to speak on behalf of Social Setters or provides confidential information concerning Social Setters;
  • Contains chain letters of any kind;
  • Is purposely inaccurate, commits fraud, or falsified information in connection with Social Setters or
  • Is protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
• Attempting to do or actually doing any of the following:
  • Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
  • Scanning or testing the security or configuration of the Site or breaching security or authentication measures; or
  • Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Site.
• Using any of the following:
  • Frames, framing techniques, or framing technology to enclose any content included on the Site without our express written permission;
  • Any Site content, including, without limitation, User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
  • The Site or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with Social Setters ; or
  • The Site or any of its resources to solicit consumers, or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Social Setters , including, without limitation, aggregating current or previously offered services.
• Collecting any of the following:
  • Content from the Site, including, without limitation, in connection with current or previously offered service, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or
  • Personal Information (defined in our Privacy Policy), User Content (defined in Section 12 below), or content of any consumers

Engaging in any of the following:

• Tampering or interfering with the proper functioning of any part, page, or area of the Site or any functions or services provided by Social Setters ;
• Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
• Reselling or repurposing your access to the Site or any purchases made through the Site;
• Exceeding or attempting to purchase large quantities of the Social Setters service for the purpose of  resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Site;
• Accessing, monitoring, or copying any content from the Site using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;
• Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
• Deep-linking to any portion of the Site without our express written permission;
• Hyperlinking to the Site from any other website without our initial and ongoing consent; or
• Acting illegally or maliciously against the business interests or reputation of Social Setters or our services.

8. Your Privacy

We take the privacy of your Personal Information (defined in the Privacy Policy) seriously. We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Policy is incorporated in and subject to these Terms of Use, and available here.

9. Terms of Sale

By purchasing or obtaining any service via the Site, you agree to these Terms of Use, including, without limitation, the Terms of Sale.

By purchasing any Social Setters service, you agree to the Terms of Use, including, without limitation, the Terms of Sale specified below.

(a) In General

Descriptions of Locations, Establishments, Merchants, Vendors or otherwise are provided as part of the customized event itinerary. Social Setters will conduct basic research on the third party service provider by utilizing online tools such as Google Reviews, Better Business Bureau and other online rating outlets. At times Social Setters will contact the third party to confirm information regarding their establishment. However, in no case, is Social Setters responsible for any claims associated with the entitlements or offerings in which the establishment provides. Social Setters does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including, without limitation, Health & Fitness and Beauty & Spa Merchants). You should make whatever investigation you deem necessary or appropriate before approving an itinerary to determine whether: (i) Merchant is qualified to provide the good or perform the service; or (ii) the Product is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products.

Social Setters is not a health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services. The Site is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition.

Social Setters may, in its sole discretion, verify a user’s identity prior to processing a purchase.

Cancellation and Refund Policy

Social Setters may also refuse to process a purchase, may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Use. Refunds for cancelled orders may be issued where appropriate and as outlined below.

If you meant to choose a different package, we will cancel your original order and process a new order for the new package.

Scene Setter Package

If you want to cancel your package before your customized event itinerary is received we will credit your account for a free customized event itinerary to be used within one year. If you want to cancel your package after your customized event itinerary is received, we will not issue a credit as the service has been completed and delivered. You will not be eligible for a refund.

Trend Setter and Jet Setter Package(s)

If you want to cancel your package before you have approved your customized event itinerary, whereas arrangements have not been made on your behalf, however, the itinerary was produced, and delivered to you we will credit your account for a free customized event itinerary to be used within one year. If you want to cancel your package after you have already approved your itinerary, whereas arrangements have been made, you are subject to the cancellation policies of that establishment or vendor. We will credit your account for a free itinerary to be used within one year.

While we will strive to obtain the best deal and/or promotions with the third party service provider on your behalf, Social Setters does not guarantee that we can provide the best offers, available rates or prices and does not guarantee against pricing errors. Social Setters reserves the right, in its sole discretion, to not process or to cancel any service orders placed. If this occurs, Social Setters will attempt to notify you by email.

(b) Merchant, Establishment, Location Offerings provided in your itinerary

Vouchers

Vouchers may be purchased on your behalf based on your approval of the customized event itinerary issued to you. Vouchers may be redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. The Merchant is solely responsible for redeeming the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not up to and including death. You waive and release Social Setters and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher.

By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher and any additional deal-specific terms advertised in connection with and on the Voucher at the time of purchase (the “fine print” regardless of how labeled), the Terms of Use and these Terms of Sale. These rules apply to all Vouchers that we purchase on your behalf and except as otherwise required by law. In the event of a conflict between these rules and a Voucher’s fine print, the Voucher’s fine print will control. Any attempt to redeem a Voucher in violation of these Terms of Use (including, without limitation, the Terms of Sale) will render the Voucher void.

The Merchant is the sole issuer of the Voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Vouchers is prohibited. Pricing relating to certain Merchant Offerings and Products may change at any time, without notice.

Should we order alcohol for you as part of executing your approved customized event itinerary, The Merchant is solely responsible for the sale and shipment of alcoholic beverages.

• Tickets and Admission Vouchers. Some Vouchers are redeemable for a ticket for admission, or may be used as a ticket for admission, to a specific event at a named venue. Most ticket and admission vouchers are final sale and non-refundable, subject to the Event Policy of that merchant, unless otherwise stated. Unless a specific exception is made, Tickets and Admission Vouchers are not eligible for upgrades and are not transferable. Certain resale premiums and restrictions may apply.
• Venues and Events. Opening acts, as well as individual performers, are subject to change or cancellation at any time without notice or recourse by you. Venues may search you as a condition of admission and ban or restrict certain items from being brought to the event and impose other rules on ticket-holders. You agree to all such rules and conditions and waive any related claims that may arise in conjunction with their imposition or execution. A ticket is a revocable license and admission may be refused for violation of the venue’s rules without refund, or for any or no reason upon refunding the amount paid. You voluntarily assume all risks and danger incidental to any event for which any Tickets and Admission Vouchers are issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against Social Setters
• A travel booking is a reservation for a specific check-in date, length of stay, and room type at a named Merchant property in which Social Setters will book on your behalf upon your approval of the customized event itinerary delivered to you.

11. Copyright and Trademarks

The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. Social Setters owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Social Setters or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

Social Setters owns trademarks, registered and unregistered, in many countries and “Social Setters ,” Social Setters logos and variations thereof found on the Site are trademarks owned by Social Setters, Inc. or its related entities and all use of these marks inures to the benefit of Social Setters . You may not use Social Setters ‘s name, logos, trademarks or brands, or trademarks or brands of others on the Site without Social Setters ‘s express permission.

12. User Content

The Site may provide users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site (collectively, “User Content“) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered on, through, or in connection with the Site from time to time. If you contribute any User Content, you will not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Social Setters does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit, or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbors viruses or any other computer codes, files, or programs designed to intercept, misappropriate, interrupt, destroy or limit the functionality of any software or computer equipment.

Social Setters shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content, and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by Social Setters, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Social Setters shall have the right to remove any material from the Communities or any other Social Setters controlled sites, in its sole discretion. Social Setters assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Social Setters has no obligation to use User Content and may not use it at all.

In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. Social Setters makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

• Public Nature of Your User Content.
  • You understand and agree that User Content is public. Any person (whether or not a user of Social Setters’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. Social Setters is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
  • Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Social Setters. Other users may post User Content that is inaccurate, misleading, or deceptive. Social Setters does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of Social Setters. Social Setters does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.
• License Grants.
  • Some User Content you submit to Social Setters may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including, without limitation, your name, initials, username, social networking website user account name, image, likeness, preferences, voice, and location. You grant Social Setters a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to use, commercial use, display and distribute any Personal Information in connection with your User Content in accordance with these Terms of Use, including, without limitation, a right to offer for sale and to sell such rights in Personal Information, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, Social Setters shall have no obligation to use your Personal Information in connection with any User Content.
  • As between you and Social Setters, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant Social Setters a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale, and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Social Setters’s license in any User Content or Personal Information submitted includes, without limitation, use for promotions, advertising, marketing, market research, merchant feedback, quality control, or any other lawful purpose.
  • As detailed in Section 3, contributing User Content or other information on or through the Site, is limited to individuals who are over the age of majority in the state or province in which they reside. The Site is designed and intended for adults. By contributing User Content or other content on or through the Communities, you affirm that you are over the age of majority in the state or province in which you reside. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least the age of majority in the state or province in which he or she resides.

14. Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures

• Infringement Reporting Procedures. If you own copyright, trademark, patent, or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or products on the Site infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to Social Setters’s attention, you can report your concern(s) by emailing admin@thesocialsetters.com.
• DMCA Procedures. Social Setters reserves the right to terminate your, or any third-party’s, right to use the Site if such use infringes the copyrights of another. Social Setters may, under appropriate circumstances and at its sole discretion, terminate your, or any third-party’s, right to access to the Site, if Social Setters determines that you are, or a third-party is, a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Social Setters’s attention, you must provide Social Setters’s DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written Policy that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a Policy by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• The contact information for Social Setters’s DMCA Agent for notice of claims of copyright infringement is: Social Setters, Inc. Attn: Copyright Agent, 31-00 47th Avenue Long Island City, NY 11101 , email: admin@thesocialsetters.com  

13. Unsolicited Ideas

We do not accept or consider, directly or through any Social Setters  employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

• Social Setters  has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
• Social Setters  will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.

15. Disclaimer of Warranty

AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Social Setters, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, OFFERINGS,SERVICES, OR OTHER AVAILABLE PROGRAMS, (II) MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, The Social Setters  HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY SOCIAL SETTERS THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.

16. Limitation of Liability

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Social Setters , ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE OR PHYSICAL DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) MERCHANT OFFERINGS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH YOUR CUSTOMIZED EVENT ITINERARY; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT on your behalf (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY The Social Setters  THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.

17. Electronic Communications

When you use the Site or send emails to Social Setters , you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.

19. Indemnification/Release

You agree to defend, indemnify, and hold harmless Social Setters , its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party.

To the extent permitted under applicable laws, you hereby release Social Setters from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is suggested or included within your customized event itinerary, any action or inaction by the Merchant, including, without limitation, but not limited to any harm caused up to and including death to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased on your behalf from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.

20. Force Majeure

Social Setters shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Social Setters, as applicable.

21. Assignment

You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Social Setters . Any attempted assignment that does not comply with these Terms of Use shall be null and void.  Social Setters may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

22. Entire Agreement

The Terms of Use, including, without limitation, the incorporated Terms of Sale, Special Programs, Privacy Policy, and other terms incorporated by reference, constitute the entire agreement and understanding between you and  Social Setters with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Social Setters with respect to such subject matter.

23. Choice of Law

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or Social Setters ’s services shall be governed by the laws of the State of New York, without regard to its choice of law rules and without regard to conflicts of laws principles.

24. Dispute Resolution/Arbitration Agreement

(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Social Setters  and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the “Social Setters Entities”) arising out of, relating in any way to, or in connection with the Terms of Use, the Site or your use of the Site, your Personal Information, or any Products or Merchant Offerings (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and Social Setters  are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 24(a) or Section 24(d)). The provisions of this Section 24 shall constitute your and Social Setters ’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.

To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at https://www.adr.org/consumer, and simultaneously sending a copy of the completed form to the following address: Social Setters NY, Inc. 31-00 47th Avenue Long Island City, NY 11101 Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. The Social Setters  will reimburse those fees for Disputes totaling less than $10,000 unless the arbitrator determines the Dispute is frivolous. Likewise, The Social Setters will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request, and/or the arbitrator determines, that a telephone or in-person hearing is necessary. In addition, you hereby unconditionally agree that (1) the arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements referenced herein that you may have entered into in connection with the Site; (2) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; and (3) in the event the AAA is unavailable or unwilling to hear the Dispute, you and the applicable The Social Setters  Entity(ies) shall agree to, or a court shall select, another arbitration provider.

(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.

(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and Social Setters  agree that any Dispute may only be instituted in a state or federal court in Queens County, NY; (ii) you and Social Setters irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and Social Setters  agree to waive any right to a trial by jury. You and Social Setters agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of New York, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against your interests or the general business interests of Social Setters .

(e) Severability. With the exception of Section 24(b) above, if any part of this Section 24 is ruled to be unenforceable, then the balance of this Section 24 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 24(b) above is ruled to be unenforceable, then Section 24(a) shall be deemed unenforceable, but the rest of Section 24 shall remain in full effect.

26. Additional Disclosures

No waiver by either you or Social Setters  of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.

You are contracting with Social Setters , Inc. Correspondence should be directed to: Social Setters NY , Inc., 31-00 47th Avenue Long Island City, NY 11101; https://www.thesocialsetters .com.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.

The provisions of these Terms of Use apply equally to, and are for the benefit of, Social Setters , its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.