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 understand that all posted event listings, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the List, 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 List. You understand that SomethingTUDU.com does not control, and is not responsible for Content made available through the List, and that by using the List, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the SomethingTUDU.com website and Content available through the List may contain links to other websites, which are completely independent of SomethingTUDU.com. SomethingTUDU.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 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 SomethingTUDU.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 List. You acknowledge that SomethingTUDU.com does not pre-screen or approve Content, but that SomethingTUDU.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 List, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The SomethingTUDU.com website and Content available through the List may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of SomethingTUDU.com, including websites, 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 SomethingTUDU.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 SomethingTUDU.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 SomethingTUDU.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 a SomethingTUDU.com agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at
You agree not to post, email, or otherwise make available Content that is:
a)unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b)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)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)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)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)respects 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)impersonates any person or entity, including, but not limited to, a SomethingTUDU.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)includes personal or identifying information about another person without that person's explicit consent;
i)is false, deceptive, misleading, deceitful, misinforming, or constitutes "bait and switch";
j)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)constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l)constitutes or contains any form of advertising or solicitation if: posted in areas of the SomethingTUDU.com websites which are not designated for such purposes; or emailed to SomethingTUDU.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m)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. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience: http://www.craigslist.org/about/prohibited.items.html
o)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)disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the List, or that otherwise negatively affects other users' ability to use the List; or
q)employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the List.
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 List- unless expressly permitted by SomethingTUDU.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 SomethingTUDU.com computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the List or the SomethingTUDU.com website; or
y) use any form of automated device or computer program that enables the submission of postings on SomethingTUDU.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 SomethingTUDU.com resources, you may not use a Posting Agent to post Content to the List without express permission or license from SomethingTUDU.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 List to facilitate posting Content on behalf of others, except with express permission or license from SomethingTUDU.com.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to SomethingTUDU.com email addresses or through SomethingTUDU.com computer systems, which is expressly prohibited by these TOU, will use or cause to be used servers located in California. Any unauthorized use of SomethingTUDU.com computer systems is a violation of the TOU 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 charge a fee to post Content on the List. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the List 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 List for violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that SomethingTUDU.com may establish limits concerning use of the List, including the maximum number of days that Content will be retained by the List, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the List, and the frequency with which you may access the List. You agree that SomethingTUDU.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the List. You acknowledge that SomethingTUDU.com reserves the right at any time to modify or discontinue the List(or any part thereof) with or without notice, and that SomethingTUDU.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the List.
12. ACCESS TO THE SERVICE
SomethingTUDU.com grants you a limited, revocable, nonexclusive license to access the List for your own personal use. This license does not include:(a) access to the List by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the List nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by SomethingTUDU.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 List, 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.
SomethingTUDU.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the List 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 SomethingTUDU.com to do so. You may also create a hyperlink to the home page of SomethingTUDU.com websites so long as the link does not portray SomethingTUDU.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.
SomethingTUDU.com offers various parts of the List 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. SomethingTUDU.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 List and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'SomethingTUDU.com' as the source, (d) your use or display does not suggest that SomethingTUDU.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 SomethingTUDU.com systems. SomethingTUDU.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the List beyond the scope of authorized access granted to you by SomethingTUDU.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 List for other purposes (including commercial purposes) not stated herein, you must first obtain a license from SomethingTUDU.com.
13. TERMINATION OF SERVICE
You agree that SomethingTUDU.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 List (or any part thereof), immediately and without notice, and remove and discard any Content within the List , for any reason, including, without limitation, if SomethingTUDU.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that SomethingTUDU.com shall not be liable to you or any third-party for any termination of your access to the List. Further, you agree not to attempt to use the List after said termination. Sections 2, 4, 6 and 12-18 shall survive termination of the TOU.
14. PROPRIETARY RIGHTS
The List is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the List 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 SomethingTUDU.com. You further agree not to reproduce, duplicate or copy Content from the List without the express written consent of SomethingTUDU.com, and agree to abide by any and all copyright notices displayed on the List. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the List. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the List. SomethingTUDU.com is a registered mark in the U.S. Patent and Trademark Office. Although SomethingTUDU.com does not claim ownership of content that its users post, by posting Content to any public area of the List, you automatically grant, and you represent and warrant that you have the right to grant, to SomethingTUDU.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 List, you automatically grant SomethingTUDU.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the List by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SOMETHINGTUDU.COM WEB SITE AND THE LIST IS ENTIRELY AT YOUR OWN RISK. THE SOMETHINGTUDU.COM WEBSITE AND THE LIST 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, SOMETHINGTUDU.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SOMETHINGTUDU.COM WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SOMETHINGTUDU.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SOMETHINGTUDU.COM WEBSITE OR THE WEBSITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SOMETHIGNTUDU.COM WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SOMETHIGNTUDU.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SOMETHINGTUDU.COM WEBSITE OR THE LIST. 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 SOMETHINGTUDU.COM BE LIABLE FOR DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SOMETHINGTUDU.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SOMETHIGNTUDU.COM WEBSITE OR THE LIST, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SOMETHIGNTUDU.COM WEBSITE OR THE LIST, FROM INABILITY TO USE THE SOMETHIGNTUDU.COM WEBSITE OR THE LIST, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WOMETHINGTUDU.COM WEBSITE OR THE LIST. 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 SOMETHIGNTUDU.COM WEBSITE OR THE LIST OR ANY LINKS ON THE SOMETHINGTUDU.COM WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SOMETHIGNTUDU.COM WEBSITE OR THE LIST OR ANY LINKS ON THE SOMETHIGNTUDU.COM WEBSITE. 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.
You agree to indemnify and hold SomethingTUDU.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 List, your use of the List, 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 SomethingTUDU.com and govern your use of the List, superseding any prior agreements between you and SomethingTUDU.com. The TOU and the relationship between you and SomethingTUDU.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SomethingTUDU.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of SomethingTUDU.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 event listing(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 SomethingTUDU.com to pursue legal action to enforce the TOU, you will be liable to pay SomethingTUDU.com the following amounts as liquidated damages, which you accept as reasonable estimates of SomethingTUDU.com' damages for the specified breaches of the TOU:
a. If you post an event 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 SomethingTUDU.com one thousand dollars ($1,000) for each such message. This provision does not apply to listing that are lawful non-deceptive parodies of public figures.
b. If SomethingTUDU.com establishes limits on the frequency with which you may access the List, or terminates your access to or use of the List, you agree to pay SomethingTUDU.com one hundred dollars ($100) for each listing posted in excess of such limits or for each day on which you access SomethingTUDU.com in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to SomethingTUDU.com email addresses or through SomethingTUDU.com computer systems, you agree to pay SomethingTUDU.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 SomethingTUDU.com one hundred dollars ($100) for each Item of Content posted. In its sole discretion, SomethingTUDU.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 SomethingTUDU.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 SomethingTUDU.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 SomethingTUDU.com express written permission, you agree to pay SomethingTUDU.com three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay SomethingTUDU.com actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, SomethingTUDU.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.