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1. ACCEPTANCE OF TERMS
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This website provides a collection of online resources, including classified ads,
Community Events, Autos & Vehciles search, Job Search, Roommate Search, Movies Listing,
Yellow Pages and more (referred to hereafter as "the Service"). By using the Service
in any way, you are agreeing to comply with the Terms of Use. In addition, when
using particular this community website services, you agree to abide by any applicable
posted guidelines for all services, which may change from time to time. Should you
object to any term or condition of the Terms of Use, any guidelines, or any subsequent
modifications thereto or become dissatisfied with site in any way, your only recourse
is to immediately discontinue use of this website.
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2. MODIFICATIONS TO THIS AGREEMENT |
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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 Terms of Use.
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3. CONTENT |
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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 we do 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, thut site and Content available through the Service may contain links
to other websites, which are completely independent of us. We make 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 we are 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 this site does not pre-screen or
approve Content, but that we 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 Terms of Use or for any other
reason.
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4. THIRD PARTY CONTENT, SITES, AND SERVICES |
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This 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 the site, including web sites, directories, servers, networks, systems,
information and databases, applications, software, programs, products or services,
and the Internet as a whole. |
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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. |
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You agree that we are 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 this site is under no obligation to become involved. In the event
that you have a dispute with one or more other users, you hereby release this community
website, 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. |
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5. PRIVACY AND INFORMATION DISCLOSURE |
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this community website has established a Privacy Policy to explain to users how
their information is collected and used. |
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Your use of the this community website website or the Service signifies acknowledgement
of and agreement to our Privacy Policy. You further acknowledge and agree that this
community website 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 Terms of Use; 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 this community website, its users or the general public. |
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6. CONDUCT |
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You agree not to post, email, or otherwise make available Content: |
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a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of another's privacy, or is harmful to minors in any way; |
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b) any indecent content |
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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; |
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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); |
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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. |
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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. |
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g) that impersonates any person or entity, including, but not limited to, a this
community website 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.); |
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h) that includes personal or identifying information about another person without
that person's explicit consent; |
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i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes
"bait and switch"; |
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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; |
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k) that constitutes or contains "affiliate marketing," "link referral code," "junk
mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; |
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l) that constitutes or contains any form of advertising or solicitation if: posted
in areas of the this community website sites which are not designated for such purposes;
or emailed to this community website users who have not indicated in writing that
it is ok to contact them about other services, products or commercial interests. |
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m) that includes links to commercial services or web sites, except as allowed in
"services"; |
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n) that advertises any illegal service or the sale of any items the sale of which
is prohibited or restricted by any applicable law. |
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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; |
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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; |
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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. |
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Additionally, you agree not to: |
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r) contact anyone who has asked not to be contacted; |
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s) "stalk" or otherwise harass anyone; |
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t) collect personal data about other users for commercial or unlawful purposes; |
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u) use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Service - unless expressly permitted by this
community website; |
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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;
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w) post the same item or service in more than one classified category or forum,
or in more than one metropolitan area; |
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x) attempt to gain unauthorized access to this community website'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 this community
website website; |
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y) use any form of automated device or computer program that enables the submission
of postings on this community website 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. |
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7. POSTING AGENTS |
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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 this community
website's resources, you may not use a Posting Agent to post Content to the Service
without express permission or license from this community website. 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 this community
website. |
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8. NO SPAM POLICY |
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You understand and agree that sending unsolicited email advertisements to this community
website email addresses or through this community website computer systems, which
is expressly prohibited by these Terms of Use. Any unauthorized use of this community
website computer systems is a violation of the Terms of Use and certain federal
and state laws. Such violations may subject the sender and his or her agents to
civil and criminal penalties. |
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9. LIMITATIONS ON SERVICE |
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You acknowledge that this community website 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 this community website has no responsibility
or liability for the deletion or failure to store any Content maintained or transmitted
by the Service. You acknowledge that this community website reserves the right at
any time to modify or discontinue the Service (or any part thereof) with or without
notice, and that this community website shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service. |
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10. ACCESS TO THE SERVICE |
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this community website 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 this community website. 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. |
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this community website 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 Terms of Use, absent express permission granted
by this community website to do so. You may also create a hyperlink to the home
page of this community website sites so long as the link does not portray this community
website, its employees, or its affiliates in a false, misleading, derogatory, or
otherwise offensive matter. |
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Use of the Service beyond the scope of authorized access granted to you by this
community website 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 this community
website. |
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11. TERMINATION OF SERVICE |
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You agree that this community website, 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 this community website
believes that you have acted inconsistently with the letter or spirit of the Terms
of Use. Further, you agree that this community website shall not be liable to you
or any third-party for any termination of your access to the Service. |
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12. PROPRIETARY RIGHTS |
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The Service is protected to the maximum extent permitted by copyright laws. Content
displayed on or through the Service is protected by copyright as a collective work
and/or compilation, pursuant to copyrights laws. 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 this community website. You further agree not to
reproduce, duplicate or copy Content from the Service without the express written
consent of this community website, 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. this community
website is a registered mark in the U.S. Patent and Trademark Office. |
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Although this community website 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 this community
website 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 this community website
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. |
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13. DISCLAIMER OF WARRANTIES |
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YOU AGREE THAT USE OF THE this community website SITE AND THE SERVICE IS ENTIRELY
AT YOUR OWN RISK. THE this community website 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, this community website DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE this community website
SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, this community website
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE this community website SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH
ANY LINKS ON THE this community website SITE. TO THE FULLEST EXTENT PERMITTED BY
LAW, this community website DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL
COMPONENTS IN CONNECTION WITH THE this community website 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. |
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14. LIMITATIONS OF LIABILITY |
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UNDER NO CIRCUMSTANCES SHALL this community website BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF this community
website HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE this community website SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE this community website SITE OR THE SERVICE,
FROM INABILITY TO USE THE this community website SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE this community website
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 this community website SITE OR THE SERVICE OR ANY LINKS ON THE this community
website SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH
OR ADVERTISED IN CONNECTION WITH THE this community website SITE OR THE SERVICE
OR ANY LINKS ON THE this community website 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. |
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15. INDEMNITY |
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You agree to indemnify and hold this community website, 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 Terms of Use, your breach of any of the representations
and warranties herein, or your violation of any rights of another. |
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16. GENERAL INFORMATION |
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The Terms of Use constitute the entire agreement between you and this community
website and govern your use of the Service, superseding any prior agreements between
you and this community website. The failure of this community website to exercise
or enforce any right or provision of the Terms of Use shall not constitute a waiver
of such right or provision. If any provision of the Terms of Use 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 Terms of Use 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
Terms of Use must be filed within one (1) year after such claim or cause of action
arose or be forever barred. |
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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. |
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You understand and agree that, because damages are often difficult to quantify,
if it becomes necessary for this community website to pursue legal action to enforce
the Terms of Use, you will be liable to pay this community website the following
amounts as liquidated damages, which you accept as reasonable estimates of MyIndiaUSAs'
damages for the specified breaches of the Terms of Use: |
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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. |
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b. If this community website establishes limits on the frequency with which you
may access the Service, or terminates your access to or use of the Service. |
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c. If you send unsolicited email advertisements to this community website email
addresses or through this community website computer systems. |
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d. If you post Content in violation of the Terms of Use, other than as described
above. |
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e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for
any purpose any Content (except for your own Content) in violation of the Terms
of Use without this community website's express written permission. |
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Otherwise, you agree to pay this community website's actual damages, to the extent
such actual damages can be reasonably calculated. Notwithstanding any other provision
of the Terms of Use, this community website retains the right to seek the remedy
of specific performance of any term contained in the Terms of Use, 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 Terms of Use, or any combination thereof. |
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