WE HAVE MADE EVERY EFFORT TO ACCURATELY
REPRESENT OUR PRODUCTS AND SERVICES. THE REPRESENTATION OF THE POTENTIAL OF OUR
PRODUCTS AND SERVICES IS SUBJECT TO OUR INTERPRETATION. WHILE THE EARNINGS
POTENTIAL FOR THOSE PEOPLE THAT USE OUR PRODUCTS AND SERVICES IS USUALLY VERY
ENCOURAGING. YOU ACKNOWLEDGE THAT YOUR EARNING POTENTIAL IS SUBJECT TO MANY
INDEPENDENT FACTORS, ALL OF WHICH VARY FROM INDIVIDUAL TO INDIVIDUAL AND ARE
OFTEN OUT OF ANY INDIVIDUAL’S CONTROL.
AS SUCH, WE MAKE NO WARRANTY OR
GUARANTEE OF ANY KIND THAT YOU WILL EXPERIENCE ANY SPECIFIC LEVEL OF EARNINGS
BY USING OUR PRODUCTS AND SERVICES.
ANY EXAMPLES WE HAVE PROVIDED SHOULD NOT
BE INTERPRETED AS ANY GUARANTEE OF EARNINGS. WE DO NOT ASSERT THAT OUR PRODUCTS
AND SERVICES REPRESENT A “GET RICH SCHEME.”
UPON REQUEST, WE MAY ASSIST YOU IN THE
VERIFICATION OF CLAIMS OF ACTUAL EARNINGS AND/OR EXAMPLES OF ACTUAL RESULTS
ACHIEVED, THOUGH WE ARE UNDER NO OBLIGATION TO DO SO.
HOWEVER, WE CANNOT AND DO NOT OFFER YOU
ANY DIRECT FINANCIAL ADVICE, NOR ARE WE RESPONSIBLE FOR ANY FINANCIAL DECISIONS
YOU MAKE. AS ALWAYS, IT IS YOUR SOLE RESPONSIBILITY TO DISCUSS THE LEGALITY OR
FINANCIAL SOUNDNESS OF ANY DECISION YOU MAKE WITH A QUALIFIED PROFESSIONAL
BEFORE MAKING SUCH A DECISION.
INFORMATION FOUND IN OUR PRODUCTS AND
SERVICES MAY CONTAIN INFORMATION THAT INCLUDES FORWARD-LOOKING STATEMENTS AS
DEFINED BY THE “PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995.” WE BASE ANY
FORWARD-LOOKING STATEMENTS SOLELY UPON OUR EXPECTATIONS ON EVENTS THAT HAVE NOT
YOU CAN EASILY IDENTIFY SUCH STATEMENTS,
AS THEY DO NOT RELATE SPECIFICALLY TO ANY FACTS, WHETHER HISTORICAL OR IN
CURRENT DAY. THESE STATEMENTS USE WORDS SUCH AS “ANTICIPATE,” “BELIEVE,”
“ESTIMATE,” “EXPECT,” “INTEND,” “PLAN,” “PROJECT,” AND OTHER SUCH WORDS THAT
IMPLY SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS
AND FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS
USED WITH OUR PRODUCTS AND SERVICES ARE SOLELY BASED UPON OUR OPINION OF
EARNINGS POTENTIAL. AS THERE ARE MANY FACTORS THAT WILL DETERMINE YOUR ACTUAL
RESULTS, WE MAKE NO GUARANTEES THAT YOU WILL ACHIEVE SIMILAR OR ANY RESULTS FROM
YOUR USE OF OUR PRODUCTS AND SERVICES.
TERMS & CONDITIONS
This membership agreement (the
“Membership Agreement”) contains the terms and conditions that govern your use
of the Set The Stage On Fire website (the “Website”) and the Services (as
defined below). THIS MEMBERSHIP AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES,
AND INCLUDES DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS
ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE
PROVISIONS FOR AN ESSENTIAL BASIS OF OUR AGREEMENT.
If you do not agree with any of these
terms, do not access or otherwise use the Website or Services, or any
information or materials contained on the Website.
Set The Stage On Fire. (“Set The Stage
On Fire” or STSOF) owns and operates the Website. This Membership Agreement is
between you and Set The Stage On Fire. Set The Stage On
Fire reserves the right to add, delete, and modify any of the terms and
conditions contained in this Membership Agreement at any time and in its sole
discretion by posting a change notice or a new agreement on the Website. In the
event of substantive changes to this Membership Agreement, the new terms will
be posted to the Website, you will be required to affirmatively assent to its
terms, and you may also be notified by email. If any modification is
unacceptable to you, your only recourse is not to use the Website and the
Services and to request an immediate termination of your membership. Your
express consent or continued use of the Website or the Services following
posting of a change notice or new Membership Agreement on the Website will
constitute binding acceptance of the changes.
1. The Services
1.1. Set The Stage On
Fire provides a number of Internet-based services through the Website (all
such services, collectively, the “the Services”), including without limitation
training and materials for you to develop and promote your business. Set
The Stage On Fire reserves the right to add, change, and delete content
and services from the Website or Services from time to time.
1.2. If applicable, you agree to pay,
and authorize automatic recurring billing of, the membership fee with your
credit card, or other payment methods, until subsequently cancelled. You
understand and agree that each subsequent automatic recurring billing of the
membership fee is not refundable and will not be prorated.
1.3. Set The Stage On
Fire reserves the right to change the membership fee from time to time.
2. Use of the Website and the Services
2.1. Set The Stage On
Fire will only knowingly provide the Services to parties that can lawfully
enter into and form contracts under applicable law. The Website and the
Services are not for anyone under the age of 18 and any such use is prohibited.
2.2. You must comply with all of the
terms and conditions of this Membership Agreement, the applicable agreements
and policies referred to below, and all applicable laws, regulations, and rules
when you use the Website and the Services.
2.3. Your License to Use the Website and
2.3.1. Set The Stage On
Fire owns or licenses all intellectual property and other rights, title,
and interest in and to the Website, Services, and the materials accessible on
or through the Website and Services, except as expressly provided for in this
Membership Agreement. For example, and without limitation, Set The Stage
On Fire owns trademarks, copyrights, and certain technology used in
providing the Services. You will not acquire any right, title or interest therein
under this Membership Agreement or otherwise unless expressly provided for
2.3.2. Set The Stage On
Fire grants you a limited revocable license to access and use the Website
and Services for their intended purposes, subject to your compliance with this
Membership Agreement. This license does not include the right to collect or use
information contained on the Website for purposes that Set The Stage On
Fire prohibits or to compete with Set The Stage On Fire. If you use
the Website or the Services in a manner that exceeds the scope of this license
or breaches any relevant agreement, your license shall terminate immediately.
2.4. Third-Party Services. Set The
Stage On Fire may provide links on the Website to other websites that are
not affiliated with, under the control of, or otherwise maintained by Set
The Stage On Fire, and may use third parties to provide certain services
accessible through the Website. Set The Stage On Fire does not
control those third parties or their services, and you agree that Set The
Stage On Fire will not be liable to you in any way for your use of such
policies. You must comply with such terms and policies as well as this
Membership Agreement when you use these services. If any such terms or policies
conflict with the Membership Agreement, agreements or policies, you must comply
with the Membership Agreement, agreements, or policies, as applicable. Set
The Stage On Fire does not endorse or make any representations or
warranties about third party sites or any information, software, or other
products or services found there.
3.1. For the purpose of this Membership
Agreement, “Confidential Information” shall be deemed to include all
information and materials that: (a) if in written format is marked as
confidential, or (b) if disclosed verbally is noted as confidential at time of
disclosure, or (c) in the absence of either (a) or (b) is information which a
reasonable party would deem to be non-public information and confidential.
3.2. Confidential Information shall
include without limitation: all information provided on or through the Website
or the Services; trade secrets, inventions, research methods, methods of
compiling information, methods of creating the Set The Stage On Fire database,
procedures, devices, machines, equipment, data processing programs,
software, computer models, research projects, and other means used by Set The
Stage On Fire in the conduct of its business; product formulations, strategies
and plans for future business, new business, product or other development, new
and innovative product ideas, potential acquisitions or divestitures, and new
marketing ideas; information with respect to costs, commissions, fees, profits,
sales, markets, sales methods and financial information; mailing lists, the
identity of Set The Stage On Fire customers, potential customers, distributors,
and suppliers and their names and addresses, the names of customer
representatives responsible for entering into contracts for Set The Stage On
Fire’ products or services, the amounts paid by Set The Stage On Fire
customers, specific customer needs and requirements, and leads and referrals to
prospective customers; and the structure, sequence, and organization of the Set
The Stage On Fire database, together with source code and object code; and the
identity of Set The Stage On Fire employees, their respective salaries,
bonuses, benefits, qualifications and abilities.
3.3. You acknowledge and agree that the
nature of Set The Stage On Fire’ confidential, proprietary, and trade secret
information to which you have, and will continue to have, access to derives
value from the fact that it is not generally known and used by others in the
highly competitive, international industry in which Set The Stage On Fire
competes. You further acknowledge and agree that, even in complete good faith,
it would be impossible for you to work in a similar capacity for a competitor
of Set The Stage On Fire without drawing upon and utilizing information gained
pursuant to this Membership Agreement.
3.4. You acknowledge that you are
receiving such Confidential Information in confidence and will not publish,
copy, or disclose any Confidential Information without prior written consent
from the Company. You further agree that you shall not attempt to reverse
engineer, de-compile or try to ascertain the source code to Set The Stage On
Fire software or any other software supplied hereunder. You acknowledge that
you will only use the Confidential Information to the extent necessary to
promote your business, and that you will use best efforts to prevent
unauthorized disclosure of the Confidential Information to any third party.
3.5. The obligation of confidentiality
shall not apply to any particular portion of Confidential Information which:
(a) was in the public domain when Set The Stage On Fire granted access to you;
(b) entered the public domain through no fault of you subsequent to receipt;
(c) was in your possession free of any obligation of confidence at the time of
the disclosure by Set The Stage On Fire; (d) was rightfully communicated by a
third party to you free of any obligation of confidence subsequent to the time
of the originating party’s communication thereof to you; (e) was developed by
you independently of and without knowledge or reference to any Confidential
Information; (f) is approved for release by written authorization from Set The
Stage On Fire; or (g) is required to be disclosed pursuant to any statute, law,
rule or regulation of any governmental authority or pursuant to any order of
any court of competent jurisdiction, but in any case, you will immediately
notify Set The Stage On Fire before disclosure and given a reasonable
opportunity to obtain a protective order or other form of protection.
3.6. You agree not to alone or in
association with others use Confidential or trade secret information to (a)
solicit, or facilitate any organization with which you are associated in
soliciting, any employee or customer of Set The Stage On Fire’ to alter its
relationship with Set The Stage On Fire; (b) solicit for employment, hire, or
engage as an independent contractor, or facilitate any organization with which Set
The Stage On Fire is associated in soliciting for employment, hire, or
engagement as an independent contractor, any person who was employed by Set The
Stage On Fire at any time during the term of this Membership Agreement
(provided, that this clause (b) shall not apply to any individual whose
employment with Set The Stage On Fire was terminated for a period of one year
or longer); or (c) solicit business from or perform services for any customer,
supplier, licensee, or business relation of Set The Stage On Fire’, induce or
attempt to induce, any such entity to cease doing business with Set The Stage
On Fire; or in any way interfere with the relationship between any such entity
and Set The Stage On Fire.
3.7. You agree that you will not make
any derogatory statements, either oral or written, or otherwise disparage Set The
Stage On Fire, Set The Stage On Fire’ products, employees, services, work or
employment, and will take all reasonable steps to prevent others from making
derogatory or disparaging statements. You agree that it would be impossible,
impractical, or extremely difficult to fix the actual damages suffered by
reason of a breach of this paragraph, and accordingly hereby agree that five
thousand dollars ($5,000) shall be presumed to be the amount of damages
sustained by reason of each such breach, without prejudice to Set The Stage On
Fire’ right to also seek injunctive or other equitable relief.
3.8. Other than as expressly provided
for herein, in no event shall you be deemed by virtue hereof to have acquired
any right or interest by license or otherwise, in or to the Confidential
3.9. You agree that all originals and
any copies of the Confidential Information remain the property of Set The Stage
On Fire.. You shall reproduce all copyright and other proprietary notices, if
any, in the same form that they appear on all the materials provided by Set The
Stage On Fire, on all copies of the Confidential Information made by you. You
agree to return all originals and copies of all Confidential Information in
your possession or control to Set The Stage On Fire at Set The Stage On Fire’
4. General Rules
4.1. Prohibited Use. You may only use
the Website and Services to promote your business, as expressly permitted by Set
The Stage On Fire. You may not cause harm to the Website or Services.
Specifically, but not by way of limitation, you may not: (i) interfere with the
Website or Services by using viruses or any other programs or technology
designed to disrupt or damage any software or hardware; (ii) modify, create
derivative works from, reverse engineer, decompile or disassemble any
technology used to provide the Website or Services; (iii) use a robot, spider
or other device or process to monitor the activity on or copy pages from the
Website or Services, except in the operation or use of an internet “search
engine,” hit counters or similar technology; (iv) collect electronic mail
addresses or other information from third parties by using the Website or
Services; (v) impersonate another person or entity; (vi) engage in any activity
that interferes with another user’s ability to use or enjoy the Website or
Services; (vii) assist or encourage any third party in engaging in any activity
prohibited by this Membership Agreement; (viii) co-brand the Website or
Services; (ix) frame the Website or Services; or (x) hyper-link to the Website
or Services, without the express prior written permission of an authorized
representative of Set The Stage On Fire.
this Membership Agreement, you agree to the collection, use and disclosure of
your personal information in accordance with the currently posted Privacy
4.3. Ordering Policies. If you purchase
any products or services on or through the Website or Service, you agree that
your use of the product or service is limited by this Membership Agreement as
4.4. Password Restricted Areas of the
Website. Most areas of the Website are password restricted to registered users
(“Password-Protected Areas”). If you have registered as an authorized user to
gain access to these Password-Protected Areas, you agree that you are entirely
responsible for maintaining the confidentiality of your password, and agree to
notify Set The Stage On Fire if the password is lost, stolen, disclosed to an
unauthorized third party, or otherwise may have been compromised. You agree
that you are entirely responsible for any and all activities that occur under
your account, including any fees that may be incurred under your
password-protected account, whether or not you are the individual who
undertakes such activities. You agree to immediately notify Set The Stage On
Fire of any unauthorized use of your account or any other breach of security in
relation to your password or the Website that is known to you.
4.5. Spam Policy: You may not use the
Website or Services to engage in unethical marketing activities, including
without limitation spamming. The following are examples of activities that are
not permitted, and which may result in an immediate deactivation of your
account or termination of your membership: a) disguising the origin of any
content transmitted to or through the Website or Services, or using any other
means of deceptive addressing; b) relaying email from a third party’s mail
servers without the permission of that third party; c) transmitting any
material that is unlawful or used without adequate permission from the owner of
the material; d) harvesting email addresses in a manner that is unlawful or in
violation of the rights of a third party; e) sending email that contains
inaccurate header information or domain names that are not valid or do not
exist; f) sending email that contains false or misleading information in the
subject line or body of the message; g) sending email that does not indicate
that it is an advertisement, does not include a functioning opt-out mechanism,
or does not include your valid physical mailing address; or h) sending email
that violates applicable law, including without limitation the CAN-SPAM Act or
the applicable laws of the jurisdictions from which you send email or in which
the email is received the acceptable use policies of Set The Stage On Fire’
email service provider.
5. Reservation of Rights
5.1. Monitoring. Set The Stage On Fire
reserves the right, but does not assume the obligation, to monitor transactions
and communications that occur through the Website and Service. If Set The Stage
On Fire determines, in its sole and absolute discretion, that you or another
user has or will breach a term or condition of this Membership Agreement or
that such transaction or communication is inappropriate, Set The Stage On Fire
may cancel such transaction or take any other action to restrict access to or
the availability of any material that may be considered objectionable, without
any liability to you or any third party.
5.2. Modification of the Service. Set
The Stage On Fire may modify the Website or Services at any time with or
without notice to you, and will incur no liability for doing so.
6.1. Set The Stage On Fire asks that you
respect the Website online community. Your conduct when using the Website and
Services should be guided by common sense and basic etiquette. To further these
common goals, you agree not to:
6.1.1. Disparage the products or
services of any company or individual.
6.1.2. Impersonate or represent Set The
Stage On Fire, Set The Stage On Fire staff, or other industry professionals.
6.1.3. Link to or post content not
allowed on the Website.
6.1.4. Solicit a user’s password or
other account information.
6.1.5. Harvest user information for any
6.1.6. Use racially or ethnically
offensive language; discuss or incite illegal activity; use explicit or obscene
language; or solicit or post sexually explicit images.
6.1.7. Harass, threaten, or embarrass
6.1.8. Post anything that you do not
have the legal right to post; and
6.1.9. Violate any law, or make any
untrue or misleading statement;
7.1. Your Submissions. When you submit
questions, comments, suggestions, ideas, message board postings, material submitted
via web forms, contest entries, communications or any other information
(“Submissions”), you grant Set The Stage On Fire an unrestricted license to use
such Submissions for any purpose, including without limitation marketing and
other promotional purposes and the right to sublicense. You agree that Set The
Stage On Fire will have no obligation to keep any Submissions confidential. You
will not bring a claim against Set The Stage On Fire based on “moral rights” or
the likes arising from Set The Stage On Fire’ use of a Submission.
7.2. Submissions by Others. Set The
Stage On Fire does not control the content posted by third parties and does not
guarantee the accuracy, integrity, or quality of such content. You understand
that by using the Website or Services, you may be exposed to content that is
offensive, indecent, or objectionable. Under no circumstances will Set The Stage
On Fire be liable in any way for any content, including, but not limited to,
for any errors or omissions in any content, or for any loss or damage of any
kind incurred as a result of the use of any content posted, emailed,
transmitted, or otherwise made available via the Website or Services by third
8. Representations and Warranties
8.1. Mutual Representations and
Warranties. Each party represents to the other that: (i) the party has the full
power and authority to enter into and perform under this Membership Agreement,
(ii) execution and performance of this Membership Agreement does not constitute
a breach of, or conflict with, any other agreement or arrangement by which the
party is bound, and (iii) the terms of this Membership Agreement are a legal,
valid, and binding obligation of the party entering into this Membership
Agreement, enforceable in accordance with these terms and conditions.
8.2. By You. You represent and warrant
to Set The Stage On Fire that, in your use of the Website and Services, you:
(i) will not infringe the copyright, trademark, patent, trade secret, right of
privacy, right of publicity or other legal right of any third party; (ii) will
comply with all applicable laws, rules, and regulations; (iii) will not disrupt
or damage any software or hardware; and (iv) you will provide correct, current,
and complete billing and contact information.
9. Arbitration and Waiver of Class
9.1. YOU UNDERSTAND AND AGREE THAT ALL
CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND Set The Stage On Fire,
INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY
FEDERAL, STATE, OR LOCAL STATUTE, LAW, ORDER, ORDINANCE, OR REGULATION, AND THE
ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION
PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS
SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR
PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE
ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND SHALL NOT
OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE
PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED
BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE
ARBITRATOR MAY BE ENTERED BY A Wyoming STATE OR FEDERAL COURT HAVING
JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A
TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT
AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT
9.2. The following procedures shall
9.2.1. Any party that intends to make a
claim shall first notify the opposing party in writing of such intention and
shall describe in such notice, with reasonable particularity, the nature and
basis of such claim, and the total amount of the claim. Within thirty (30) days
of receipt of such notice, the party receiving notice of a claim shall provide
a written response which, with reasonable particularity, sets forth its
position concerning the claim. If the parties are unable to resolve the dispute
arising from the claim by good faith negotiations to be conducted within the
thirty (30)-day period following the written response, either of them may
initiate binding arbitration pursuant to the terms and conditions set forth
9.2.2. In the event a party elects to
proceed with binding arbitration, it shall provide written notice thereof to
the other party by registered or certified mail. The arbitration shall be
conducted in the state of California, but may proceed telephonically in the
event the total amount of the claim does not exceed $2,500 U.S. dollars (if the
claimant so chooses).
9.2.3. Separate and apart from the
agreement to arbitrate set forth above, the parties hereby independently waive
any right to bring or participate in any class action in any way related to, or
arising from, this Membership Agreement.
10. Disclaimers and Exclusions
10.1. DISCLAIMER OF WARRANTIES. Set The
Stage On Fire PROVIDES THE WEBSITE, SERVICES, AND ALL CONTENT ON AN “AS IS” AND
“AS AVAILABLE” BASIS. Set The Stage On Fire DOES NOT REPRESENT OR WARRANT THAT
THE WEBSITE, SERVICES, OR WEBSITE CONTENT, OR USE THEREOF: (i) WILL BE
UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET
YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE
HARDWARE OR SOFTWARE YOU USE. Set The Stage On Fire MAKES NO WARRANTIES OTHER
THAN THOSE MADE EXPRESSLY IN THIS MEMBERSHIP AGREEMENT, AND HEREBY DISCLAIMS
ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
10.2. EXCLUSION OF DAMAGES. Set The
Stage On Fire WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING
DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT
OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR SERVICES, BASED ON
ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3. LIMITATION OF LIABILITY. IN NO
EVENT WILL Set The Stage On Fire’ LIABILITY IN CONNECTION WITH YOUR USE OF THE
WEBSITE OR SERVICES EXCEED THE LESSER OF (i) THE AMOUNT PAID TO Set The Stage
On Fire BY YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES
RISE TO SUCH LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100).
11.1. You must indemnify and hold Set
The Stage On Fire and its employees, representatives, agents, affiliates,
directors, officers, managers and shareholders (the “Parties”) harmless from
any damage, loss, or expense (including without limitation, attorneys’ fees and
costs) incurred in connection with any third-party claim, demand or action (“Claim”)
brought against any of the Parties alleging that you have breached any of
provision in this Membership Agreement through any act or omission. If you have
to indemnify Set The Stage On Fire under this section, Set The Stage On Fire
will have the right to control the defense, settlement, and resolution of any
Claim at your sole expense. You may not settle or otherwise resolve any Claim
without the express written permission of Set The Stage On Fire.
12.1. Termination. You agree that, under
certain circumstances and without prior notice, Set The Stage On Fire may
suspend or terminate your use of the Website or Services, including without
limitation, if Set The Stage On Fire believes, in its sole and absolute
discretion, that you have breached a term of this Membership Agreement. You
acknowledge and agree that all suspensions and terminations shall be made in Set
The Stage On Fire’ sole discretion and that Set The Stage On Fire shall not be
liable to you or any other party for said suspension or termination.
12.2. Survival. Upon termination, your
license to use the Website, Services, and everything accessible by or through
the Website or Services shall terminate and the remaining provisions of this
Membership Agreement shall survive indefinitely unless and until Set The Stage
On Fire chooses to terminate them.
12.3. Effect of Termination. Upon
termination of any part of this Agreement for any reason, Set The Stage On Fire
may delete or assume ownership of any Content or other things—including without
limitation URLs, domain names, and email lists—relating to your use of the
Website or Services that is on Set The Stage On Fire’ servers or otherwise in Set
The Stage On Fire’ possession or control, and Set The Stage On Fire will have
no liability to you or any third party for doing so.
13.1. All notices required or permitted
to be given under this Membership Agreement will be in writing and delivered to
the other party by any of the following methods: (i) mail, (ii) overnight
courier, or (iii) electronic mail. If you give notice to Set The Stage On Fire,
you must use the following address: mcsinn e.U., Stampferau 1, A-5730 Mittersill, Austria (Europe). If Set The Stage On Fire provides notice to you, Set The
Stage On Fire will use the contact information provided by you. All notices
will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7)
business days after dispatch, (ii) if by overnight courier, on the date receipt
is confirmed by such courier service, or (iii) if by electronic mail, 24 hours
after the message was sent, if no “system error” or other notice of
non-delivery is generated. If applicable law requires that a given
communication be “in writing,” you agree that email communication will satisfy
14. Notification of Claims of
14.1. Set The Stage On Fire respects the
intellectual property of others, and asks users to do the same. Set The Stage
On Fire may, in appropriate circumstances and at its discretion, terminate
service to users who infringe the intellectual property rights of others. If
you believe that your work has been copied in a way that constitutes copyright
infringement, please contact Set The Stage On Fire’ designated agent to receive
notice of claimed infringement: Set The Stage On Fire. Provide the following
information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
(i) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; (ii) a description of the
copyrighted work that you claim has been infringed, including the URL (i.e.,
web page address) of the location where the copyrighted work exists or a copy
of the copyrighted work; (iii) identification of the URL or other specific
location on the Website where the material that you claim is infringing is
located; (iv) your address, telephone number, and email address; (v) a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; (vi) a statement by
you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
15.1. This Membership Agreement will be
binding upon each party hereto and its successors and permitted assigns, and
governed by and construed in accordance with the laws of the State of Wyoming
without reference to conflict of law principles. This Membership Agreement will
not be assignable or transferable by you without Set The Stage On Fire’ prior
written consent. This Membership Agreement (including all of the policies and
other Agreements described in this Membership Agreement, which are hereby
incorporated herein by this reference) contain the entire understanding of the
parties regarding its subject matter, and supersedes all prior and
contemporaneous agreements and understandings between the parties regarding its
subject matter. No failure or delay by a party in exercising any right, power
or privilege under this Membership Agreement will operate as a waiver thereof,
nor will any single or partial exercise of any right, power or privilege
preclude any other or further exercise thereof or the exercise of any other
such right, power, or privilege. Any rights not expressly granted herein are
reserved. You and Set The Stage On Fire are independent contractors and
independent businesses, and no agency, partnership, joint venture, or
employee-employer relationship is intended or created by this Membership
Agreement. The invalidity or unenforceability of any provision of this
Membership Agreement will not affect the validity or enforceability of any
other provision of this Membership Agreement, all of which will remain in full
force and effect. If you have questions or concerns regarding this Membership
Agreement, you should contact Set The Stage On Fire by emailing
[email protected] and writing “Membership Agreement” in the subject line.
better serve those who are concerned with how their ‘Personally identifiable
information’ (PII) is being used online. PII, as used in US privacy law and
information security, is information that can be used on its own or with other
information to identify, contact, or locate a single person, or to identify an
understanding of how we collect, use, protect or otherwise handle your
Personally Identifiable Information in accordance with our website.
What personal information do we collect
from the people that visit our blog, website or app?
When ordering or registering on our
site, as appropriate, you may be asked to enter your name, email address or other
details to help you with your experience.
When do we collect information?
We collect information from you when you
register on our site, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect
from you when you register, make a purchase, sign up for our newsletter,
respond to a survey or marketing communication, surf the website, or use
certain other site features in the following ways:
• To personalize user’s experience and
to allow us to deliver the type of content and product offerings in which you
are most interested.
• To improve our website in order to
better serve you.
• To allow us to better service you in
responding to your customer service requests.
• To administer a contest, promotion,
survey or other site feature.
• To quickly process your transactions.
• To send periodic emails regarding your
order or other products and services.
How do we protect visitor information?
We do not use vulnerability scanning
and/or scanning to PCI standards.
Your personal information is contained
behind secured networks and is only accessible by a limited number of persons
who have special access rights to such systems, and are required to keep the
information confidential. In addition, all sensitive/credit information you
supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security
measures when a user places an order enters, submits, or accesses their
information to maintain the safety of your personal information.
All transactions are processed through a
gateway provider and are not stored or processed on our servers.
Do we use ‘cookies?’
Yes. Cookies are small files that a site
or its service provider transfers to your computer’s hard drive through your
Web browser (if you allow) that enables the site’s or service provider’s
systems to recognize your browser and capture and remember certain information.
shopping cart. They are also used to help us understand your preferences based
on previous or current site activity, which enables us to provide you with
site traffic and site interaction so that we can offer better site experiences
and tools in the future.
• Help remember and process the items in
the shopping cart.
• Understand and save user’s preferences
for future visits.
• Keep track of advertisements.
• Compile aggregate data about site
traffic and site interactions in order to offer better site experiences and
tools in the future. We may also use trusted third party services that track
this information on our behalf.
You can choose to have your computer
warn you each time a cookie is being sent, or you can choose to turn off all
cookies. You do this through your browser (like Internet Explorer) settings.
Each browser is a little different, so look at your browser’s Help menu to
learn the correct way to modify your cookies.
If users disable cookies in their
If you disable cookies off, some
features will be disabled. It will turn off some of the features that make your
site experience more efficient and some of our services will not function
However, you can still place orders
Third Party Disclosure
We do not sell, trade, or otherwise
transfer to outside parties your personally identifiable information.
Third party links
Occasionally, at our discretion, we may
include or offer third party products or services on our website. These third
party sites have separate and independent privacy policies. We therefore have
no responsibility or liability for the content and activities of these linked
sites. Nonetheless, we seek to protect the integrity of our site and welcome
any feedback about these sites.
We have not enabled Google AdSense on
our site but we may do so in the future.
We don’t need them.
COPPA (Children Online Privacy
When it comes to the collection of
personal information from children under 13, the Children’s Online Privacy
Protection Act (COPPA) puts parents in control. The Federal Trade Commission,
the nation’s consumer protection agency, enforces the COPPA Rule, which spells
out what operators of websites and online services must do to protect
children’s privacy and safety online.
We do not specifically market to
children under 13.
Fair Information Practices
The Fair Information Practices
Principles form the backbone of privacy law in the United States and the
concepts they include have played a significant role in the development of data
protection laws around the globe. Understanding the Fair Information Practice
Principles and how they should be implemented is critical to comply with the
various privacy laws that protect personal information.
In order to be in line with Fair
Information Practices we will take the following responsive action, should a
data breach occur:
We will notify the users via email
• Within 1 business day
We will notify the users via in site
• Within 1 business day
We also agree to the individual redress
principle, which requires that individuals have a right to pursue legally
enforceable rights against data collectors and processors who fail to adhere to
the law. This principle requires not only that individuals have enforceable
rights against data users, but also that individuals have recourse to courts or
a government agency to investigate and/or prosecute non-compliance by data
The CAN-SPAM Act is a
law that sets the rules for commercial email, establishes requirements for
commercial messages, gives recipients the right to have emails stopped from
being sent to them, and spells out tough penalties for violations.
We collect your email address in order
• Send information, respond to
inquiries, and/or other requests or questions.
• Process orders and to send information
and updates pertaining to orders
• We may also send you additional
information related to your product and/or service.
• Market to our mailing list or continue
to send emails to our clients after the original transaction has occurred
To be accordance with CAN-SPAM we agree
to the following:
• NOT use false, or misleading subjects
or email addresses
• Identify the message as an
advertisement in some reasonable way
• Include the physical address of our
business or site headquarters
• Monitor third party email marketing
services for compliance, if one is used.
• Honor opt-out/unsubscribe requests
• Allow users to unsubscribe by using
the link at the bottom of each email
If at any time you would like to
unsubscribe from receiving future emails, you can
• Follow the instructions at the bottom
of each email.