1.
Acceptance
Of Terms
NBCsandiego.com's
classifieds provides a collection of online resources, including classified
ads, communications tools, chat rooms, forums, and various email services,
(collectively referred to hereafter as "the Service") and are 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 any particular
NBCsandiego.com services, you agree to abide by any applicable posted
guidelines for all NBCsandiego.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
NBCsandiego.com in any way, please immediately discontinue use of
NBCsandiego.com or any of the Services.
2.
Modifications
NBCsandiego.com reserves 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 should therefore 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://san.adqic.com?tr=g_privacy
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 solely responsible for each individual
item ("Item") of Content that you post, email, upload or otherwise make
available via the Service. You understand that NBCsandiego.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,
NBCsandiego.com and Content available through the Service may contain links to
other websites, which are completely independent of NBCsandiego.com.
NBCsandiego.com makes no representation or warranty as to the accuracy,
completeness, appropriateness or authenticity of the information contained in
any such site. Your linking to any other websites 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 NBCsandiego.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 NBCsandiego.com does not pre-screen or approve Content, and that
NBCsandiego.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, Websites, And Services
The NBCsandiego.com site and
Content available through the Service may contain features and functionalities
that link you or provide you with access to third party content which is
completely independent of NBCsandiego.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
NBCsandiego.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 NBCsandiego.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 NBCsandiego.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.
Claims Of
Infringement; Notification
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
NBCsandiego.com's agent for notice of claims of copyright or other intellectual
property infringement ("Agent"), via email at san@adqic.com
or by regular mail to Copyright Agent NBCsandiego.com c/o CCAS, 123 Dyer
Street, Suite 3B, Providence, RI" 02903.
Please provide our Agent with the following Notice: a) Identify the material on
the NBCsandiego.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. Upon receipt of this
information, NBCsandiego.com will remove the infringing posting(s), subject to
the procedures outlined in the Digital Millennium Copyright Act (DMCA).
6.
Privacy
And Information Disclosure
NBCsandiego.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://san.adqic.com?tr=g_privacy
Your use of the
NBCsandiego.com website or the Service signifies acknowledgement of and
agreement to our Privacy Policy. You further acknowledge and agree that
NBCsandiego.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 NBCsandiego.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 NBCsandiego.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
NBCsandiego.com" sites which are not
designated for such purposes; or emailed to NBCsandiego.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 are prohibited or regulated by
Prohibited or Restricted
Items
Many laws, regulations and
policies, in a variety of jurisdictions, regulate the goods and services that
may be bought and sold. For your convenience, we have prepared a list of some
of the types of prohibited and restricted items the sale of which is not
permitted on NBCsandiego.com.
NBCsandiego.com users
remain responsible for complying with all applicable laws, regulations or
restrictions on items, services, or manner of sale, payment or exchange, that
may apply to transactions in which they participate -- including but not
limited to those imposed by the state of California, where the NBCsandiego.com
service physically resides. We encourage you to research the applicable laws
and regulations that may apply to your transaction.
Partial list of items the
sale of which is not permitted on NBCsandiego.com:
"
Obscene material
or child pornography.
"
Weapons and
related items, including firearms, disguised, undetectable or switchblade
knives, martial arts weapons, sniper scopes, silencers, ammunition, large
capacity magazines, BB guns, tear gas or stun guns.
"
Fireworks,
including "safe and sane" fireworks or any destructive devices or
explosives.
"
Controlled
substances or illegal drugs, substances and items used to manufacture
controlled substances and drug paraphernalia.
"
Alcohol or
tobacco products.
"
Prescription
drugs and medical devices, such as prescription or contact lenses,
defibrillators, hypodermic needles or hearing aids.
"
Nonprescription
drugs that make false or misleading treatment claims or treatment claims that
require FDA approval.
"
Blood, bodily fluids
or body parts.
"
Animals and
animal parts, including the retail sales of cats and dogs.
"
Restricted or
regulated plants and insects, such as noxious weeds, endangered plant species,
or live insects or pests.
"
Pesticides or
hazardous substances, or items containing hazardous substances such as
contaminated toys, or art or craft material containing toxic substances without
a warning label.
"
Illegal
telecommunications equipment, such as access cards, password sniffers, access
card programmers and unloopers, or cable descramblers
"
Stolen property
or personal property with the serial number removed or altered.
"
Burglary tools,
such as lock-picks or motor vehicle master keys
"
False
identification cards, items with police insignia, citizenship documents, or birth
certificates.
"
Counterfeit
currency, coins and stamps, as well as equipment designed to make them.
"
Counterfeit or
knock-off brand name goods.
"
Material that
infringes copyright, such as warez, bootlegs (without consent of the band),
etc.
"
Airline tickets
that restrict transfer.
"
Gambling items,
such as lottery tickets, sports trading card 'grab bags,' raffle tickets,
sweepstakes entries or slot machines.
"
Used or rebuilt
batteries, or batteries containing mercury.
"
Used bedding and
clothing, unless sanitized in accordance with law.
"
Non-packaged
food items or adulterated food.
"
Bulk email or
mailing lists that contain names, addresses, phone numbers, or other personal
identifying information
Related Links
The following links may be
helpful in researching whether a particular transaction is prohibited or
regulated:
Bureau of Alcohol, Tobacco, and Firearms
Bureau of Industry and
Security's Denied Persons List
California Department of Food
and Agriculture Plant Health and Pest Prevention Services Division
California
Health and Safety Code
Consumer Product Safety
Commission Recalled Item List
Drug Enforcement Administration
Office of Foreign
Assets Control
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;
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 NBCsandiego.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;
x)
attempt to gain
unauthorized access to NBCsandiego.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
NBCsandiego.com" website; or y) use any
form of automated device or computer program that enables the submission of
postings on NBCsandiego.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.
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 NBCsandiego.com's
resources, you may not use a Posting Agent to post Content to the Service
without express permission or license from NBCsandiego.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 NBCsandiego.com.
9.
No Spam
Policy
You understand and agree
that sending unsolicited email advertisements to NBCsandiego.com email
addresses or through the NBCsandiego.com website, which is expressly prohibited
by these TOU, will use or cause to be used servers located in
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
NBCsandiego.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 NBCsandiego.com has no responsibility or
liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that NBCsandiego.com reserves the
right at any time to modify or discontinue the Service (or any part thereof)
with or without notice, and that NBCsandiego.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
NBCsandiego.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 NBCsandiego.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. NBCsandiego.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 NBCsandiego.com to do so. You may
also create a hyperlink to the home page of NBCsandiego.com sites so long as
the link does not portray NBCsandiego.com, its employees, or its affiliates in
a false, misleading, derogatory, or otherwise offensive matter. NBCsandiego.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. NBCsandiego.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
"NBCsandiego.com " as the source, (d) your use or display does not suggest that
NBCsandiego.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 NBCsandiego.com
"s systems. NBCsandiego.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 NBCsandiego.com immediately terminates
said permission or license. In order to collect, aggregate, copy, duplicate,
display or make derivative use of 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 NBCsandiego.com.
13.
"Termination Of Service
You agree that
NBCsandiego.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 NBCsandiego.com
believes that you have acted inconsistently with the letter or spirit of the
TOU. Further, you agree that NBCsandiego.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 12-18 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 NBCsandiego.com. You further agree
not to reproduce, duplicate or copy Content from the Service without the
express written consent of NBCsandiego.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. NBCSANDIEGO.COM is a registered mark in
the U.S. Patent and Trademark Office. Although NBCsandiego.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 NBCsandiego.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 NBCsandiego.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 NBCSANDIEGO.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN
RISK. THE NBCSANDIEGO.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, NBCSANDIEGO.COM DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE
OF THE NBCSANDIEGO.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY
LAW, NBCSANDIEGO.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE NBCSANDIEGO.COM SITE OR THE SITES OR
SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE NBCSANDIEGO.COM SITE. TO THE
FULLEST EXTENT PERMITTED BY LAW, NBCSANDIEGO.COM DISCLAIMS ANY WARRANTIES FOR
VIRUSES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
NBCSANDIEGO.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
NBCSANDIEGO.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NBCSANDIEGO.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR
USE OF THE NBCSANDIEGO.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF THE NBCSANDIEGO.COM SITE OR THE SERVICE, FROM INABILITY TO USE
THE NBCSANDIEGO.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE NBCSANDIEGO.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 NBCSANDIEGO.COM
SITE OR THE SERVICE OR ANY LINKS ON THE NBCSANDIEGO.COM SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE NBCSANDIEGO.COM SITE OR THE SERVICE OR ANY LINKS ON THE
NBCSANDIEGO.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 NBCsandiego.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 constitutes the
entire agreement between you and NBCsandiego.com and governs your use of the
Service, superseding any prior agreements between you and NBCsandiego.com. The
TOU and the relationship between you and NBCsandiego.com shall be governed by
the laws of the State of
19.
Violation
Of Terms And Liquidated Damages
Please report any violations
of the TOU, by emailing to: san@adqic.com.
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 NBCsandiego.com to pursue legal action to enforce the TOU, you
will be liable to pay NBCsandiego.com the following amounts as liquidated
damages, which you accept as reasonable estimates of NBCsandiego.com's damages
for the specified breaches of the TOU: (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 NBCsandiego.com one thousand dollars
($1,000) for each such message. This provision does not apply to messages that
are lawful non-deceptive parodies of public figures. (b) If NBCsandiego.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
NBCsandiego.com one hundred dollars ($100) for each message posted in excess of
such limits or for each day on which you access NBCsandiego.com in excess of
such limits, whichever is higher. (c) If you send unsolicited email
advertisements to NBCsandiego.com email addresses or through NBCsandiego.com
computer systems, you agree to pay NBCsandiego.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 NBCsandiego.com one hundred dollars
($100) for each item of Content posted. In its sole discretion, NBCsandiego.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 19(d), you agree to pay NBCsandiego.com one
hundred dollars ($100) for each and every item of Content posted 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
NBCsandiego.com an additional one hundred dollars ($100) for each Item of
Content 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 the TOU without NBCsandiego.com "s express written permission, you agree to
pay NBCsandiego.com three thousand dollars ($3,000) for each day on which you
engage in such conduct. Otherwise, you agree to pay NBCsandiego.com's actual damages,
to the extent such actual damages can be reasonably calculated. Notwithstanding
any other provision of the TOU, NBCsandiego.com retains the right to seek the
remedy of specific performance of any term contained in the TOU, or a
preliminary or permanent injunction against the breach of any such term or in
aid of the exercise of any power granted in the TOU, or any combination
thereof.
20.
Feedback
We welcome your questions
and comments on this document in the NBCsandiego.com feedback forum: san@adqic.com.
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