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SCRAPTRUST TERMS OF USE
1. ACCEPTANCE OF TERMS
ScrapTRUST does or may 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 ScrapTRUST services, you agree to abide by any
applicable posted
guidelines for all ScrapTRUST 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 ScrapTRUST
in any way, your only recourse is to immediately discontinue use
of ScrapTRUST.
ScrapTRUST 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:
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
ScrapTRUST 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 ScrapTRUST site and Content
available through
the Service may contain links to other websites, which are
completely
independent of ScrapTRUST.
ScrapTRUST 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 ScrapTRUST 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 ScrapTRUST does not pre-screen or approve Content, but that
ScrapTRUST
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 ScrapTRUST 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
ScrapTRUST,
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 ScrapTRUST 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 ScrapTRUST is under no
obligation to
become involved. In the event that you have a dispute with one
or more other
users, you hereby release ScrapTRUST, 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 ScrapTRUST's agent for notice
of claims of
copyright or other intellectual property infringement ("Agent"),
at
abuse@ScrapTrust.com
Please provide our Agent with the following Notice:
a) Identify the material on the ScrapTRUST 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.
ScrapTRUST will remove the infringing posting(s), subject to the
the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
ScrapTRUST has established a Privacy Policy to explain to users
how their
information is collected and used. Click here to read the privacy policy.
Your use of the ScrapTRUST website or the Service signifies
acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and
agree that
ScrapTRUST 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 ScrapTRUST,
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
ScrapTRUST 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 ScrapTRUST sites which are not designated
for such
purposes; or emailed to ScrapTRUST 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. A partial list of prohibited items for sale and prohibited
services
offered is provided at the following web address for your
convenience:
http://ScrapTrust.com/prohibited_items.html
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 ScrapTRUST;
v) Post 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 ScrapTRUST'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 ScrapTRUST website; or
y) use any form of automated device or computer program that
enables the
submission of postings on ScrapTRUST 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 ScrapTRUST'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 ScrapTRUST's resources, you may not use a
Posting
Agent to post Content to the Service without express permission
or
license from ScrapTRUST.
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 ScrapTRUST.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email
advertisements to
ScrapTRUST email addresses or through ScrapTRUST computer
systems, which is
expressly prohibited by these Terms, will use or cause to be
used servers
located in California.
Any unauthorized use of ScrapTRUST 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 ScrapTRUST 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
ScrapTRUST
has no responsibility or liability for the deletion or failure
to store any
Content maintained or transmitted by the Service. You
acknowledge that
ScrapTRUST reserves the right at any time to modify or
discontinue the
Service (or any part thereof) with or without notice, and that
ScrapTRUST
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
ScrapTRUST 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
ScrapTRUST.
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.
ScrapTRUST 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 (20)
postings, your use will be presumed to be in violation of the
TOU,
absent express permission granted by ScrapTRUST to do so.
You may also
create a hyperlink to the home page of ScrapTRUST sites so long
as the
link does not portray ScrapTRUST, its employees, or its
affiliates in a
false, misleading, derogatory, or otherwise offensive matter.
ScrapTRUST 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.
ScrapTRUST 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 'ScrapTRUST' as the source, (d) your
use or
display does not suggest that ScrapTRUST 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
ScrapTRUST's systems.
ScrapTRUST 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
ScrapTRUST 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 ScrapTRUST.
13. TERMINATION OF SERVICE
You agree that ScrapTRUST, 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 ScrapTRUST believes that you have acted inconsistently with
the letter or
spirit of the TOU. Further, you agree that ScrapTRUST 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 ScrapTRUST. You further agree not to
reproduce,
duplicate or copy Content from the Service without the express
written
consent of ScrapTRUST, 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. SCRAPTRUST is a registered mark in the
U.S. Patent
and Trademark Office.
Although ScrapTRUST 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
ScrapTRUST 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 ScrapTRUST 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 SCRAPTRUST SITE AND THE SERVICE IS
ENTIRELY AT
YOUR OWN RISK. THE SCRAPTRUST 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,
SCRAPTRUST DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SCRAPTRUST SITE AND
THE
SERVICE. TO THE
FULLEST EXTENT PERMITTED BY LAW, SCRAPTRUST DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE
SCRAPTRUST SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY
LINKS ON
THE SCRAPTRUST SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, SCRAPTRUST
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS
IN
CONNECTION WITH THE SCRAPTRUST 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 SCRAPTRUST BE LIABLE FOR DIRECT,
INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
SCRAPTRUST
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM ANY
ASPECT OF YOUR USE OF THE SCRAPTRUST SITE OR THE SERVICE,
WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE SCRAPTRUST SITE OR THE
SERVICE, FROM
INABILITY TO USE THE SCRAPTRUST SITE OR THE SERVICE, OR THE
INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE
SCRAPTRUST 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 SCRAPTRUST SITE OR THE SERVICE
OR ANY
LINKS ON THE SCRAPTRUST SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
SCRAPTRUST SITE
OR THE SERVICE OR ANY LINKS ON THE SCRAPTRUST 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 ScrapTRUST, 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
ScrapTRUST and
govern your use of the Service, superceding any prior agreements
between you
and ScrapTRUST. The TOU and the relationship between you and
ScrapTRUST
shall be governed by the laws of the State of California without
regard to
its conflict of law provisions. You and ScrapTRUST agree to
submit to the
personal and exclusive jurisdiction of the courts located within
the county
of San Francisco, California. The failure of ScrapTRUST 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:
abuse@ScrapTrust.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 ScrapTRUST to pursue legal action to
enforce these
Terms, you will be liable to pay ScrapTRUST the following
amounts as liquidated
damages, which you accept as reasonable estimates of ScrapTRUSTs'
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
ScrapTRUST 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 ScrapTRUST 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 ScrapTRUST one hundred dollars ($100) for each
message posted
in excess of such limits or for each day on which you access
ScrapTRUST in
excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to ScrapTRUST
email
addresses or through ScrapTRUST computer systems, you agree to
pay
ScrapTRUST 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 ScrapTRUST one hundred dollars ($100)
for each
Item of Content posted.
In its sole discretion, ScrapTRUST 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 ScrapTRUST 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 ScrapTRUST 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 ScrapTRUST's express written
permission,
you agree to pay ScrapTRUST three thousand dollars ($3,000) for
each day
on which you engage in such conduct.
Otherwise, you agree to pay ScrapTRUST's actual damages, to the
extent such
actual damages can be reasonably calculated. Notwithstanding any
other
provision of these Terms, ScrapTRUST 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.
20. FEEDBACK
We welcome your questions and comments on this document in the
ScrapTRUST
feedback forum:
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