1. ACCEPTANCE OF TERMS
LocalSubject.com provides a collection of online
resources, including classified
ads, forums, and various email
services, (referred to hereafter as "the
Service") subject to the
following Terms of Use ("TOU"). By using the Service
in any way, you
are agreeing to comply with the TOU. In addition, when using
particular LocalSubject.com services, you agree to abide by any
applicable posted
guidelines for all LocalSubject.com services,
which may change from time to time.
Should you object to any
term or condition of the TOU, any guidelines,
or any subsequent
modifications thereto or become dissatisfied with LocalSubject.com
in any way, your only recourse is to immediately discontinue use of
LocalSubject.com.
LocalSubject.com has the right, but is not
obligated, to strictly enforce the TOU
through self-help, community
moderation, active investigation, litigation and
prosecution.
2. MODIFICATIONS TO THIS
AGREEMENT
We reserve the
right, at our sole discretion, to change, modify or otherwise
alter
these terms and conditions at any time. Such modifications shall
become
effective immediately upon the posting thereof. You must
review this agreement
on a regular basis to keep yourself apprised
of any changes. You can find the
most recent version of the TOU at:
http://localsubject.com/tos.html
3. CONTENT
You understand
that all postings, messages, text, files, images, photos,
video,
sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of
the
person from whom such Content originated. More specifically, you
are
entirely responsible for each individual item ("Item") of
Content that you
post, email or otherwise make available via the
Service. You understand that
LocalSubject.com does not control, and
is not responsible for Content made available
through the Service,
and that by using the Service, you may be exposed to
Content that is
offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the LocalSubject.com site and Content
available through
the Service may contain links to other websites,
which are completely
independent of LocalSubject.com.
LocalSubject.com makes no representation or warranty as
to the
accuracy, completeness or authenticity of the information contained
in any such site. Your linking to any other webites is at your
own risk.
You agree that you must evaluate, and bear all risks
associated with, the
use of any Content, that you may not rely on
said Content, and that under no
circumstances will LocalSubject.com
be liable in any way for any Content or for
any loss or damage of
any kind incurred as a result of the use of any Content
posted,
emailed or otherwise made available via the Service. You acknowledge
that LocalSubject.com does not pre-screen or approve Content, but
that LocalSubject.com
shall have the right (but not the obligation)
in its sole discretion to
refuse, delete or move any Content that is
available via the Service, for
violating the letter or spirit of the
TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND
SERVICES
The
LocalSubject.com site and Content available through the Service may
contain
features and functionalities that may link you or provide
you with access
to third party content which is completely
independent of LocalSubject.com,
including web sites, directories,
servers, networks, systems, information
and databases, applications,
software, programs, products or services,
and the Internet as a
whole.
Your
interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services,
and any
other terms, conditions, warranties or representations
associated with such
dealings, are solely between you and such
organizations and/or individuals.
You should make whatever
investigation you feel necessary or appropriate
before proceeding
with any online or offline transaction with any of these
third
parties.
You agree that
LocalSubject.com shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If
there is
a dispute between participants on this site, or between
users and any third
party, you understand and agree that
LocalSubject.com is under no obligation to
become involved. In the
event that you have a dispute with one or more other
users, you
hereby release LocalSubject.com, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected
and
unsuspected, disclosed and undisclosed, arising out of or in any
way related
to such disputes and / or our service. If you are a
California resident, you
waive California Civil Code Section 1542,
which says: "A general release does
not extend to claims which the
creditor does not know or suspect to exist in
his favor at the time
of executing the release, which, if known by him must
have
materially affected his settlement with the debtor."
5. NOTIFICATION OF CLAIMS OF
INFRINGEMENT
If 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 LocalSubject.com's agent for
notice of claims of
copyright or other intellectual property
infringement ("Agent"), at
or:
Copyright
Agent:
Jason Jersey
209-885-4211
Please provide
our Agent with the following Notice:
a) Identify the
material on the LocalSubject.com site that you claim is
infringing,
with enough detail so that we may locate it on the website;
b) 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;
c) A statement
by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the
owner of
the copyright interest involved or that you are authorized
to act on behalf
of that owner;
d) Your
address, telephone number, and email address; and
e) Your
physical or electronic signature.
LocalSubject.com will remove the infringing posting(s),
subject to the the procedures
outlined in the Digital Millenium
Copyright Act (DMCA).
6. PRIVACY AND INFORMATION
DISCLOSURE
LocalSubject.com has established a Privacy Policy to
explain to users how their
information is collected and used, which
is located at the following web
address: http://localsubject.com/policy.html
Your use of the
LocalSubject.com website or the Service signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and
agree that
LocalSubject.com may, in its sole discretion, preserve or
disclose your Content,
as well as your information, such as email
addresses, IP addresses, timestamps,
and other user information, if
required to do so by law or in the good faith
belief that such
preservation or disclosure is reasonably necessary to:
comply with
legal process; enforce the TOU; respond to claims that any
Content
violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has
been
posted or transmitted without their consent or as a form of
harassment;
protect the rights, property, or personal safety of
LocalSubject.com, its users or
the general public.
7. CONDUCT
You agree not
to post, email, or otherwise make available Content:
a) that is
unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in
any way;
b) that is
pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including
genital-genital,
oral-genital, anal-genital, or oral-anal, whether
between persons of the same or
opposite sex, or (ii) bestiality, or
(iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v)
lascivious exhibition of the genitals or pubic area
of any
person;
c) that
harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual
orientation,
race, ethnicity, age, or disability;
d) that
violates the Fair Housing Act by stating, in any notice or ad for
the
sale or rental of any dwelling, a discriminatory preference based
on
race, color, national origin, religion, sex, familial status or
handicap
(or violates any state or local law prohibiting
discrimination on the
basis of these or other
characteristics);
e) that
violates federal, state, or local equal employment opportunity
laws,
including but not limited to, stating in any advertisement
for
employment a preference or requirement based on race, color,
religion,
sex, national origin, age, or disability.
f) with respect
to employers that employ four or more employees, that
violates the
anti-discrimination provision of the Immigration and
Nationality Act,
including requiring U.S. citizenship or lawful
permanent residency
(green card status) as a condition for employment,
unless otherwise
required in order to comply with law, regulation,
executive order, or
federal, state, or local government contract.
g) that
impersonates any person or entity, including, but not limited to, a
LocalSubject.com employee, or falsely states or otherwise
misrepresents your
affiliation with a person or entity (this
provision does not apply to Content
that constitutes lawful
non-deceptive parody of public figures.);
h) that
includes personal or identifying information about another person
without that person's explicit consent;
i) that is
false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
j) that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a
right to
make available under any law or under contractual or
fiduciary relationships;
k) that
constitutes or contains "affiliate marketing," "link referral
code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or
unsolicited
commercial advertisement;
l) that
constitutes or contains any form of advertising or solicitation if:
posted in areas of the LocalSubject.com sites which are not
designated for such
purposes; or emailed to LocalSubject.com users
who have not indicated in writing that
it is ok to contact them
about other services, products or commercial interests.
m) that
includes links to commercial services or web sites, except as allowed
in "services";
n) that
advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including
without
limitation items the sale of which is prohibited or
regulated by California
law.
o) that
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any
computer software or hardware or telecommunications
equipment;
p) that
disrupts the normal flow of dialogue with an excessive amount of
Content (flooding attack) to the Service, or that otherwise
negatively
affects other users' ability to use the Service;
or
q) that employs
misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally,
you agree not to:
r) contact
anyone who has asked not to be contacted, or make unsolicited
contact with anyone for any commercial purpose;
s) "stalk" or
otherwise harass anyone;
t) collect
personal data about other users for commercial or unlawful
purposes;
u) use
automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless
expressly
permitted by LocalSubject.com;
v) post
non-local or otherwise irrelevant Content, repeatedly post the
same
or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
w) post the
same item or service in more than one classified category or
forum,
or in more than one metropolitan area;
x) attempt to
gain unauthorized access to LocalSubject.com's computer systems or
engage in any activity that disrupts, diminishes the quality of,
interferes
with the performance of, or impairs the functionality of,
the Service or
the LocalSubject.com website; or
y) use any form
of automated device or computer program that enables the
submission
of postings on LocalSubject.com without each posting being manually
entered by the author thereof (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.
z) use any form
of automated device or computer program ("flagging tool")
that
enables the use of LocalSubject.com's "flagging system" or other
community
moderation systems without each flag being manually entered
by the person
that initiates the flag (an "automated flagging
device"), or use the
flagging tool to remove posts of competitors, or
to remove posts without a
good faith belief that the post being
flagged violates these TOU;
8. POSTING AGENTS
A "Posting
Agent" is a third-party agent, service, or intermediary
that offers
to post Content to the Service on behalf of others. To
moderate
demands on LocalSubject.com's resources, you may not use a Posting
Agent to post Content to the Service without express permission or
license from LocalSubject.com. Correspondingly, Posting Agents
are not
permitted to post Content on behalf of others, to cause
Content to
be so posted, or otherwise access the Service to
facilitate posting
Content on behalf of others, except with express
permission or
license from LocalSubject.com.
9. NO SPAM POLICY
You understand
and agree that sending unsolicited email advertisements to
LocalSubject.com email addresses or through LocalSubject.com
computer systems, which is
expressly prohibited by these Terms, will
use or cause to be used servers
located in California. Any
unauthorized use of LocalSubject.com computer systems
is a violation
of these Terms and certain federal and state laws, including
without
limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45
of the
California Business and Professions Code. Such
violations may subject the
sender and his or her agents to civil and
criminal penalties.
10. PAID POSTINGS
We may charge a
fee to post Content in some areas of the Service. The fee
is an
access fee permitting Content to be posted in a designated area.
Each
party posting Content to the Service is responsible for said
Content
and compliance with the TOU. All fees paid will be
non-refundable in the
event that Content is removed from the Service
for violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge
that LocalSubject.com may establish limits concerning use of the
Service, including the maximum number of days that Content will be
retained
by the Service, the maximum number and size of postings,
email messages, or
other Content that may be transmitted or stored
by the Service, and the
frequency with which you may access the
Service. You agree that LocalSubject.com
has no responsibility or
liability for the deletion or failure to store any
Content
maintained or transmitted by the Service. You acknowledge that
LocalSubject.com reserves the right at any time to modify or
discontinue the
Service (or any part thereof) with or without
notice, and that LocalSubject.com
shall not be liable to you or to
any third party for any modification,
suspension or discontinuance
of the Service.
12. ACCESS TO THE SERVICE
LocalSubject.com grants you a limited, revocable,
nonexclusive license to access
the Service for your own personal
use. This license does not include:
(a) access to the Service
by Posting Agents; or (b) any collection,
aggregation, copying,
duplication, display or derivative use of the Service
nor any use of
data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by
LocalSubject.com.
A limited exception to (b) is provided to general
purpose internet search
engines and non-commercial public archives
that use such tools to gather
information for the sole purpose of
displaying hyperlinks to the Service,
provided they each do so from
a stable IP address or range of IP addresses
using an easily
identifiable agent and comply with our robots.txt file.
"General
purpose internet search engine" does not include a website or
search
engine or other service that specializes in classified listings
or
in any subset of classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of providing
classified
ad listing services.
LocalSubject.com permits you to display on your website,
or create a hyperlink
on your website to, individual postings on the
Service so long as such use
is for noncommercial and/or news
reporting purposes only (e.g., for use in
personal web blogs or
personal online media). If the total number of such
postings
displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of the TOU,
absent express permission granted by LocalSubject.com to do
so. You may also
create a hyperlink to the home page of
LocalSubject.com sites so long as the
link does not portray
LocalSubject.com, its employees, or its affiliates in a
false,
misleading, derogatory, or otherwise offensive
matter.
LocalSubject.com offers various parts of the Service in
RSS format so that users
can embed individual feeds into a personal
website or blog, or view postings
through third party software news
aggregators. LocalSubject.com permits you to
display, excerpt
from, and link to the RSS feeds on your personal website
or personal
web blog, provided that (a) your use of the RSS feed is for
personal, non-commercial purposes only, (b) each title is correctly
linked
back to the original post on the Service and redirects the
user to the
post when the user clicks on it, (c) you provide,
adjacent to the RSS
feed, proper attribution to 'LocalSubject.com'
as the source, (d) your use or
display does not suggest that
LocalSubject.com promotes or endorses any third
party causes, ideas,
web sites, products or services, (e) you do not
redistribute the RSS
feed, and (f) your use does not overburden
LocalSubject.com's
systems.
LocalSubject.com reserves all rights in the
content of
the RSS feeds and may terminate any RSS feed at any
time.
Use of the
Service beyond the scope of authorized access granted to you by
LocalSubject.com immediately terminates said permission or
license. In order to
collect, aggregate, copy, duplicate,
display or make derivative use of the
the Service or any Content
made available via the Service for other
purposes (including
commercial purposes) not stated herein, you must first
obtain a
license from LocalSubject.com.
13. TERMINATION OF SERVICE
You agree that
LocalSubject.com, in its sole discretion, has the right (but not
the
obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service
(or any
part thereof), immediately and without notice, and remove
and discard any
Content within the Service, for any reason,
including, without limitation,
if LocalSubject.com believes that you
have acted inconsistently with the letter or
spirit of the TOU.
Further, you agree that LocalSubject.com shall not be liable
to you
or any third-party for any termination of your access to the
Service.
Further, you agree not to attempt to use the Service
after said termination.
Sections 2, 4, 6 and 10-16 shall
survive termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is
protected to the maximum extent permitted by copyright laws
and
international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation,
pursuant to
copyrights laws, and international conventions. Any
reproduction,
modification, creation of derivative works from or
redistribution of the
site or the collective work, and/or copying or
reproducing the sites
or any portion thereof to any other server or
location for further
reproduction or redistribution is prohibited
without the express
written consent of LocalSubject.com. You further
agree not to reproduce,
duplicate or copy Content from the Service
without the express written
consent of LocalSubject.com, and agree
to abide by any and all copyright notices
displayed on the Service.
You may not decompile or disassemble, reverse
engineer or otherwise
attempt to discover any source code contained in the
Service.
Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any
aspect of the Service. LocalSubject.com is a
registered mark in the U.S. Patent
and Trademark
Office.
Although
LocalSubject.com does not claim ownership of content that its users
post,
by posting Content to any public area of the Service, you
automatically
grant, and you represent and warrant that you have the
right to grant, to
LocalSubject.com an irrevocable, perpetual,
non-exclusive, fully paid, worldwide
license to use, copy, perform,
display, and distribute said Content and to
prepare derivative works
of, or incorporate into other works, said Content,
and to grant and
authorize sublicenses (through multiple tiers) of the
foregoing.
Furthermore, by posting Content to any public area of the Service,
you automatically grant LocalSubject.com all rights necessary to
prohibit any
subsequent aggregation, display, copying, duplication,
reproduction, or
exploitation of the Content on the Service by any
party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT
USE OF THE LocalSubject.com SITE AND THE SERVICE IS ENTIRELY AT
YOUR
OWN RISK. THE LocalSubject.com SITE AND THE SERVICE ARE PROVIDED ON AN
"AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE
EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW,
LocalSubject.com DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY,
AND PERFORMANCE OF THE LocalSubject.com SITE AND THE
SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, LocalSubject.com DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE
LocalSubject.com SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON
THE LocalSubject.com SITE. TO
THE FULLEST EXTENT PERMITTED BY LAW, LocalSubject.com
DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION
WITH THE LocalSubject.com SITE OR THE SERVICE. Some jurisdictions
do
not allow the disclaimer of implied warranties. In such
jurisdictions, some
of the foregoing disclaimers may not apply to
you insofar as they relate to
implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO
CIRCUMSTANCES SHALL LocalSubject.com BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
LocalSubject.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE
LocalSubject.com SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM
USE OR MISUSE OF THE LocalSubject.com SITE OR THE SERVICE, FROM
INABILITY TO USE THE LocalSubject.com SITE OR THE SERVICE, OR THE
INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION
OF THE LocalSubject.com SITE
OR THE SERVICE. SUCH LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER
SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION
WITH THE LocalSubject.com SITE OR THE SERVICE OR ANY
LINKS ON THE
LocalSubject.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
LocalSubject.com SITE
OR THE SERVICE OR ANY LINKS ON THE
LocalSubject.com SITE. THESE LIMITATIONS SHALL
APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations
of liability are not permitted. In such jurisdictions, some of
the foregoing limitation may not apply to you.
17. INDEMNITY
You agree to
indemnify and hold LocalSubject.com, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents,
service
providers, suppliers and employees, harmless from any claim
or demand,
including reasonable attorney fees and court costs, made
by any third party
due to or arising out of Content you submit, post
or make available through
the Service, your use of the Service, your
violation of the TOU, your
breach of any of the representations and
warranties herein, or your
violation of any rights of
another.
18. GENERAL INFORMATION
The TOU
constitute the entire agreement between you and LocalSubject.com and
govern your use of the Service, superceding any prior agreements
between you
and LocalSubject.com. The TOU and the relationship
between you and LocalSubject.com
shall be governed by the laws of
the State of California without regard to
its conflict of law
provisions. You and LocalSubject.com agree to submit to the
personal
and exclusive jurisdiction of the courts located within the county
of San Francisco, California. The failure of LocalSubject.com to
exercise or
enforce any right or provision of the TOU shall not
constitute a waiver of
such right or provision. If any provision of
the TOU is found by a court
of competent jurisdiction to be invalid,
the parties nevertheless agree that
the court should endeavor to
give effect to the parties' intentions as
reflected in the
provision, and the other provisions of the TOU remain in
full force
and effect. 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 the Service or the TOU must be filed within one (1) year after
such
claim or cause of action arose or be forever
barred.
19. VIOLATION OF TERMS AND LIQUIDATED
DAMAGES
Please report
any violations of the TOU, by flagging the posting(s) for
review, or
by emailing to:
Our failure to
act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar
breaches.
You understand
and agree that, because damages are often difficult to quantify,
if
it becomes necessary for LocalSubject.com to pursue legal action to
enforce these
Terms, you will be liable to pay LocalSubject.com the
following amounts as liquidated
damages, which you accept as
reasonable estimates of LocalSubject.coms' damages for
the specified
breaches of these Terms:
a. If you post
a message that (1) impersonates any person or entity; (2)
falsely
states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information
about
another person without that person's explicit consent, you
agree to pay
LocalSubject.com one thousand dollars ($1,000) for each
such message.
This provision does not apply to Content that
constitutes lawful non-deceptive
parody of public
figures.
b. If
LocalSubject.com establishes limits on the frequency with which you may
access the Service, or terminates your access to or use of the
Service, you
agree to pay LocalSubject.com one hundred dollars
($100) for each message posted
in excess of such limits or for each
day on which you access LocalSubject.com in
excess of such limits,
whichever is higher.
c. If you send
unsolicited email advertisements to LocalSubject.com email
addresses
or through LocalSubject.com computer systems, you agree to pay
LocalSubject.com twenty five dollars ($25) for each such
email.
d. If you post
Content in violation of the TOU, other than as described
above, you
agree to pay LocalSubject.com one hundred dollars ($100) for each
Item of Content posted. In its sole discretion,
LocalSubject.com may elect
to issue a warning before assessing
damages.
e. If you are a
Posting Agent that uses the Service in violation of the
TOU, in
addition to any liquidated damages under clause (d), you agree to
pay
LocalSubject.com one hundred dollars ($100) for each and every Item you
post
in violation of the TOU. A Posting Agent will also be
deemed an agent of
the party engaging the Posting Agent to access the
Service (the
"Principal"), and the Principal (by engaging the Posting
Agent in
violation of the TOU) agrees to pay LocalSubject.com an
additional one hundred
dollars ($100) for each Item posted by the
Posting Agent on behalf of
the Principal in violation of the
TOU.
f. If you
aggregate, display, copy, duplicate, reproduce, or otherwise
exploit
for any purpose any Content (except for your own Content) in
violation of these Terms without LocalSubject.com's express written
permission,
you agree to pay LocalSubject.com three thousand dollars
($3,000) for each day
on which you engage in such
conduct.
Otherwise, you
agree to pay LocalSubject.com's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any
other
provision of these Terms, LocalSubject.com retains the right
to seek the remedy
of specific performance of any term contained in
these Terms, or a preliminary
or permanent injunction against the
breach of any such term or in aid of the
exercise of any power
granted in these Terms, or any combination
thereof.