Terms of Use » Achieve. Brag. Elevate!

TERMS OF USE
 

INTRODUCTION
ACCEPTANCE
PROPRIETARY RIGHTS
USER SUBMISSIONS
NOTIFICATION OF CLAIMS OF INFRINGEMENT
MONITORING
THIRD PARTIES, THIRD PARTY SITES, AND CONTENT
EXPORT CONTROL LAWS
INDEMNITY
PRIVACY AND INFORMATION DISCLOSURE
DISCLAIMER OF WARRANTIES
LIMITATIONS ON SERVICE
TERMINATION
VIOLATION OF TERMS AND LIQUIDATION DAMAGES


INTRODUCTION

Welcome to the Internet Web Site(s) (hereinafter collectively referred to as the "Web Site") operated by Fabragi™, its respective parents, subsidiaries, affiliates, directors, employees, agents, successors, or assigns (hereinafter collectively referred to as "Fabragi™").
Fabragi™ provides the Web Site and a variety of Contents (hereinafter collectively referred to as the "Content") that may include, but is not limited to, all information, materials, resources, tools, forums, documents, text, directories, data, databases, games, icons, files, photos, cartoons, images, videos, graphics, music, sounds, audio, software, products, and Service(s) (hereinafter collectively referred to as the "Service").

ACCEPTANCE OF TERMS

 

The Content and the Service are made available through the Website to you for your personal informational, entertainment and lawful use ONLY and are subject to the following Terms of Use (hereinafter collectively referred to as "TOU"). Please read the following TOU carefully because it is a binding Agreement (hereinafter collectively referred to as "Agreement") between you and Fabragi™ in relation to your use of the Content and the Service provided on the Website. By accessing or using the Website in any way including, without limitations, submitting or downloading any Content or merely browsing the Website, you expressly acknowledge and agree to and are bound by the TOU. Furthermore, when using any particular Fabragi™ Service, you expressly acknowledge and agree to abide by any and all such applicable posted guidelines. Should you object to any terms or conditions of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Fabragi™ in any way, your only recourse is to immediately discontinue the use of the Website. Should you breach any of the TOU or should Fabragi™, at its sole discretion, determine that your permission to use the Website has been revoked or suspended for any reason whatsoever and without prior notice, your authorization to use the Website automatically and immediately terminates; and any Content downloaded, printed, or otherwise made available from the Website must be immediately destroyed.
In order to provide you with world-class Website Content and Service, it may be necessary for Fabragi™ to update or revise certain provisions of the TOU. Fabragi™ reserves the rights, at its discretion, to update or revise the TOU, in parts or in whole, with or without prior notice. Please review the TOU periodically because it may be modified and the modified TOU will be binding on you and Fabragi™ effective immediately upon the publication of such modified TOU. Fabragi™ also reserves the rights, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution, or any combination thereof. Your continued use of the Website constitutes:

  • An affirmative acknowledgement and agreement by you of the TOU and any and all of its modifications; and
  • An affirmative acknowledgement and agreement by you to abide and be bound by the Agreement.
     

The TOU constitutes the entire Agreement between you and Fabragi™ and governs your use of the Service, superseding any and all prior Agreements between you and Fabragi™. The TOU and the relationship between you and Fabragi™ shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Fabragi™ expressly acknowledge and agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Los Angeles, California. The failure of Fabragi™ 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 expressly acknowledge and agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that the other provisions of the TOU remain in full force and effect. You expressly acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the TOU must be filed within one (1) year after such a claim or cause of action arises or to be forever barred.

PROPRIETARY RIGHTS

 

You expressly acknowledge and agree that all Content available on the Website is protected to the maximum extent permitted by copyright, trademark, patent, trade secret, and other proprietary rights and laws as a compilation of and/or collective work under both United States and international laws. You also expressly acknowledge and agree to abide by any and all copyright notices displayed on the Website. Any reproduction, modification, duplication, copy, republishing, display, framing, download, transmission, rental, loan, sell, assignment, distribution, reverse engineering, adaptation, editing, creation of derivative works of the Website or any portion thereof or otherwise make available to any other server or location for further reproduction, redistribution, or otherwise make available is prohibited without the express written consent of Fabragi™. Without limiting the foregoing, you expressly acknowledge and agree not to store, reproduce, transmit, publicly display, publicly perform, publish, distribute, broadcast, duplicate, copy, sell, resell, exploit or otherwise make available any Content for commercial purposes or for any purpose other than your own personal use without the express written consent of Fabragi™. Any unauthorized reproduction, modification, duplication, copy, republishing, display, framing, download, transmission, rental, loan, sell, assignment, distribution, reverse engineering, adaptation, editing, exploitation, creation, or otherwise make available any Content may subject you to legal action by Fabragi™ and by any and all third-party licensors against you. In the event that a third party brings any and all legal actions against you, you expressly acknowledge and agree to hold harmless Fabragi™.

USER SUBMISSIONS
 

Fabragi™ does not claim ownership of the Content that its members post. Generally, any Content that you submit to the Website is considered to be non-confidential. If certain Web pages (hereinafter collectively referred to as "Web Pages") permit the submission of a Content that is treated by Fabragi™ as confidential, such a fact will be stated in Legal Notices on such Web Pages. You MUST NOT upload, embed, post, email, initiate, collect, transmit, or otherwise make available:

  • Content, which includes, without limitations, links, advertisements, commercial services, Websites, or solicitations of a business, that Fabragi™, at its sole discretion, believes to be for commercial purposes without the express written consent of Fabragi™;
  • Content that Fabragi™, at its sole discretion, believes to be not suited for the intended purpose of the Website;
  • Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, unless you are the rightful owner or have the express permission of the rightful owner to do so;
  • Content that infringes upon any intellectual property rights of others or on the privacy or publicity rights of others;
  • Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, obscene, hateful, or embarrassing in any way to any other person or entity;
  • Any unwanted contact to anyone who has asked not to be contacted, or any unwanted solicitation to anyone or entity for any reason;
  • Any collection of personal data about another person for any reason;
  • Content that is invasive of another's privacy;
  • Content that is harmful to minors or to any other person or entity;
  • Content that is pornographic, sexually-explicit, vulgar, obscene, profane, indecent or otherwise objectionable;
  • Content that violates the anti-discrimination provision of the Immigration and Nationality Act as a condition for employment, unless otherwise required in order to comply with federal, state, local government law, regulation, or executive order;
  • Content 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;
  • Content 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 any local, state, or federal discrimination law;
  • Content that encourages conduct that would constitute a criminal offense;
  • Content that gives rise to civil liability or otherwise violates any law;
  • Content that advertises any illegal Service or any item that is prohibited or restricted by any applicable law, including, without limitations, by California law;
  • Content that impersonates any person or entity including, without limitations, a Fabragi™ 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);
  • Content that includes personal or identifying information about another person without prior explicit consent from such a person;
  • Content that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
  • Content that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
  • Content that posts the same item or Service in more than one classified category or forum, or in more than one geographical area;
  • Content that constitutes or contains affiliate marketing, chain letters, junk mail, spamming, pyramid schemes, link referral code or any use of distribution lists to any person who has not given specific permission to be included in such a process;
  • Content that constitutes or contains spiders, robots, crawlers, data mining tools, or the like to download data from the Service unless expressly permitted by Fabragi™;
  • Any attempt to gain unauthorized access to Fabragi™ 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 Website;
  • Content that is non-local or otherwise irrelevant, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Fabragi™ infrastructure;
  • Content 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 telecommunication equipment;
  • Any form of automated device or computer program that enables the submission of postings on the Website without each posting being manually entered by the author thereof including, without limitations, the use of any such automated posting device (also known as "automated posting device") to submit postings in bulk, or for automatic submission of postings at regular intervals;
  • Content that disrupts the normal flow of dialogue with an excessive amount of Content (also known as flooding attack) to the Service, or that otherwise negatively affects other members' ability to use the Service;
  • Any form of automated device or computer program that enables the use of OPPORTON'S "flagging system" (also known as "automated flagging device") or other community moderation systems without each flag being manually entered by the person that initiates the flag, or use the flagging tool (also known as "flagging tool") to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged.


By posting Content to any area of the Service, you also expressly acknowledge and agree that:

  • You are not a convicted sex offender;
  • Fabragi™ does not endorse, expressed or implied, any opinion or viewpoint expressed by any third-party individual or entity;
  • Fabragi™ does not represent or guarantee, expressed or implied, the truthfulness, accuracy, or reliability of any Content posted by any individual or entity;
  • You are solely responsible and have the sole responsibility of the Content posted on, transmitted through, or linked from the Service, or otherwise make available on the Website;
  • You are solely responsible and have the sole responsibility for your own Content and are solely responsible for the consequences of your posting;
  • You shall provide only accurate, complete and updated registration information, and you shall keep such information current;
  • You may not select and use a user name that impersonates or belongs to another person or entity;
  • You are solely responsible for determining whether posting or transmitting any particular Content violates any provision of any laws;
  • You shall be solely liable for any and all damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from any Content you upload, post, submit, or otherwise make available;
  • You may not harvest or collect information including, without limitations, email addresses, user names, or other contact information about the Website users, for the purpose of sending unsolicited bulk e-mail or instant messages;
  • You may not undertake any conduct that, in the judgment of Fabragi™, restricts or inhibits any other user from using or enjoying the Website, including without limitations, the community areas;
  • Fabragi™ does not control and is not responsible for Content made available through the Service;
  • By using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable;
  • Fabragi™ does not guarantee, expressed or implied, that your Content will not be stolen, altered, copied, plagiarized, sold, resold, stored, reproduced, transmitted, publicly displayed, publicly performed, published, distributed, broadcasted, duplicated, exploited or otherwise made available elsewhere, in part or in whole. You are solely responsible for protecting yourself and your proprietary rights with appropriate means;
  • Any reliance on Content posted by any individual or entity will be at your own risk;
  • Fabragi™ does not screen Content in advance and is not responsible for screening or monitoring Content posted by users. If notified by a user of a Content that allegedly does not conform to this Agreement, Fabragi™ may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of such Content. Fabragi™ has no liability or responsibility to users for performance or nonperformance of such activities. Fabragi™ reserves the rights to expel users and prohibit their further access to the Website for violating this Agreement or the law and the rights to remove Content which are abusive, illegal, or disruptive.


By posting Content to any area of the Service, you expressly acknowledge and agree that you automatically grant (and you represent and warrant that you have the rights to grant) Fabragi™ all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any third party for any purpose. Furthermore, by posting Content to any area of the Service, unless specifically specify on such Web Pages, you expressly acknowledge and agree that you automatically grant Fabragi™ an irrevocable, perpetual, non-exclusive, absolutely free or fully paid, royalty-free worldwide license:

  • To use, reproduce, modify, publish, edit, adapt, translate, copy, perform, transfer, display, distribute, have distributed, promote, perform any act, or otherwise make available on any such said Content in any form, anywhere and for any purpose that Fabragi™ wishes;
  • To perform any act that includes, without limitations, further reproduction or incorporate into any and all other works, on any derivative work of such said Content in any form, anywhere and for any purpose that Fabragi™ wishes; and
  • To grant, to assign and to authorize sublicenses (through multiple tiers) of the foregoing.

 

NOTIFICATION OF CLAIMS OF INFRINGEMENT

 

If you believe that your intellectual property rights have been infringed upon or otherwise violated, please Contact Us for notice of claims of copyright or other intellectual property infringement.
Fabragi™ will do its best to remove the infringing Content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). Please provide us with the following Notice:

  • Identify the Content on the Website that you claim is being infringed upon, with enough detail so that we may locate it on the Website easily;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you or the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that:
  • The above information in your Notice is accurate, and
  • That you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.


MONITORING
 

Fabragi™ reserves the rights, but not the obligation, to monitor the Content of the Website, including, without limitations, the community, upload and download areas, to determine compliance with the TOU and any other operating rules that may be established by Fabragi™ from time to time. Fabragi™ reserves the rights, in its sole discretion, to edit, refuse to post or remove any Content submitted to or posted or otherwise made available on the Website for any reason whatsoever with or without prior notice. Without limiting the foregoing, Fabragi™ has the rights, but not the obligation, to remove any Content that it, in its sole discretion, finds to be in violation of the provisions of these TOU, otherwise objectionable, or stale. You expressly acknowledge and agree that you shall remain solely responsible for the Content you post or submit or otherwise make available on the Website. You expressly acknowledge and agree that Fabragi™ shall not assume or have any liability for any action or inaction with respect to any conduct or any Content or posting in the community areas or anywhere within the Website.

THIRD PARTIES, THIRD PARTY SITES, AND CONTENT
 

The Website may contain, produce, or otherwise make available automated search results, directory links to other websites, which are completely independent of Fabragi™. The Website also may contain, produce, or otherwise make available third party software or other Content available for download. These websites or Content are provided solely for your convenience and may contain information or Content that some individuals may consider inappropriate, offensive or otherwise objectionable. The inclusion of such links or Content does not imply endorsement by Fabragi™ or any association with its operators. Fabragi™ does not pre-screen links or Content available through the Service. You expressly acknowledge and agree that Fabragi™ makes no representation, warranty, or is responsible for the accuracy, completeness, copyright compliance, legality, decency, authenticity, or any other aspect of the Content wherein of such websites. You should direct any concerns to the appropriate owner(s) of such Content and the administrator or webmaster of such third-party websites. Your interaction with or downloading any such third-party Content or linking to any other websites that we index or support or otherwise make available is completely at your own risk. You must evaluate and bear all risks associated with the use of any such Content or third-party websites. You also must first read the copyright and licensing information of any such Content before linking to any such third-party websites.

You expressly acknowledge and agree that Fabragi™ shall have the rights, 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 whatsoever with or without prior notice.

In the event that there is a dispute between participants on the Fabragi™ Website, between Fabragi™ members, between Fabragi™ members and any third party, or any combination thereof, you expressly acknowledge and agree:

  • That Fabragi™ is under no obligation to become involved;
  • To hereby release Fabragi™ 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.

 

EXPORT CONTROL LAWS

 

The Service and the Content make available on the Website may be subject to export controls administered by the United States Department of Commerce, under the Export Administration Regulations (“EAR”), and other countries. Diversion contrary to U.S. and international law is prohibited. Export, re-export or import of certain Service and Content may require action on your behalf prior to purchase, download, or distribution. You expressly acknowledge and agree to comply with such restrictions and not to export, re-export or import any Service or Content available on the Website to any country, person, or entity prohibited under the export control laws. Ultimately, you expressly acknowledge and agree that it is your responsibility to comply with the requirements of the EAR and all applicable international, national, state, regional and local laws and regulations, including, without limitations, any applicable import and use restrictions. By purchasing any product, downloading any Content, or using any Service from the Website, you expressly acknowledge and agree to the foregoing and all applicable export control laws and that you are not in a country where such export is prohibited.
For more information on export laws, please contact the U.S. Department of Commerce, Bureau of Industry and Security (BIS).

INDEMNITY
 

You expressly acknowledge and agree to defend, indemnify and hold Fabragi™ harmless from any and all liabilities, actions, claims, and expenses, including, without limitations, reasonable attorneys’ fees and court costs, alleging, resulting, or made by any third party due to or arising out of Content you submit, post or otherwise 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, your violation of any rights of another individual or entity, or otherwise any violation whatsoever. Fabragi™ reserves the rights to provide notice to you of any such claim, suit, or proceeding and to assist you, at your own expense, in defending any such claim, suit or proceeding. Fabragi™ also reserves the rights to assume the exclusive defense and control of any matter otherwise subject to your indemnification obligation.

PRIVACY AND INFORMATION DISCLOSURE
 

It is the policy of Fabragi™ to respect the privacy of its users.
Use of the Fabragi™ Website or the Service signifies your acknowledgement of and agreement to our Privacy Policy; and you authorize the collection, use, and disclosure of personal information by Fabragi™ as provided for under the current Privacy Policy of Fabragi™. You further expressly acknowledge and agree that Fabragi™ may, in its sole discretion, preserve or disclose your Content and personal information, including, without limitations, 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; and
  • Protect the rights, property, or personal safety of Fabragi™, its members or the general public.


Fabragi™ may amend its privacy policy at any time and from time to time without prior notice. Since the Privacy Policy of Fabragi™ may change, you should check from time to time for the most current version. You expressly acknowledge and agree that Fabragi™ may contact you with information regarding Fabragi™ Content and Service and about additional Content and Service that Fabragi™ believes may be of interest to you. Click here for the latest Privacy Policy.

DISCLAIMER OF WARRANTIES
 

The Website and the Content are provided with all faults on an "As Is", "As Available" basis, and without warranty of any kind. Fabragi™, to the fullest extent permitted by law, makes no representations or warranties with respect to the Website and the Content and hereby expressly disclaims all representations and warranties thereof, including, without limitations, any and all express or implied warranties and representations of merchantability, fitness for any particular purpose or use, title, non-infringement, defect free, virus free, interruption free, that errors will be corrected, of satisfactory quality, accuracy, reliability, completeness, or timeliness, unless such implied warranties are legally incapable of exclusion.
 

Your use of the Website and the Content is solely at your own risk. If your use of the Website and the Content results in the need for servicing or replacing equipment or data or the like, Fabragi™ is not responsible for any of those costs or any costs related to or arising out of such use.

LIMITATIONS ON SERVICE

 

You expressly acknowledge and agree that Fabragi™ may establish limits concerning the use of the Service, including, without limitations,

  • 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 expressly acknowledge and agree that, under no circumstances shall Fabragi™ be responsible or liable for the deletion or failure to store any Content maintained or transmitted by the Service. You expressly acknowledge and agree that Fabragi™ reserves the rights at any time to modify or discontinue the Service (or any part thereof) with or without prior notice, and that Fabragi™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Notwithstanding any other provision contained in this Agreement, Fabragi™ shall not be liable for any direct, indirect, special, incidental, punitive, consequential or any other damages whatsoever, whether based on or arising in warranty, contract, tort (including negligence), or any other legal theory, including, without limitations,

  • Damages for business interruption,
  • Loss of data,
  • Computer repair costs,
  • Lost profits or
  • Any other pecuniary loss, arising out of or in connection with this Agreement or the use, the results of the use, or the inability to use the Website and the Content, even if Fabragi™ has been advised of, or should have foreseen the possibility of such damages.


Such limitation shall also apply with respect to damages incurred by reason of other Service or Content received through or advertised in connection with the Website or the Service or any links on the Website, as well as by reason of any information or advice received through or advertised in connection with the Website or the Service or any links on the Website. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liability of Fabragi™ in such jurisdictions shall be limited to the extent permitted by law and that some of the foregoing limitations may not apply to you.
 

The maximum aggregate liability that Fabragi™ is liable for shall not exceed the actual amount that you have paid Fabragi™ for its Service and/or Content.

TERMINATION
 

Unless otherwise provided by the terms of a separate agreement between you and Fabragi™, Fabragi™ reserves the rights, in its sole discretion, at any time, with or without prior notice, for any reason including, without limitations, a lack of use or if Fabragi™ believes that you have violated or have acted inconsistently with the letter or spirit of the TOU:

  • To deactivate or otherwise terminate your account, your access, and/or your use to all or part of the Website;
  • To remove and discard any and all Content or Service within the Website;
  • To edit or alter your post in part or in whole;
  • To discontinue providing the Website in whole or any part thereof.


You expressly acknowledge and agree that Fabragi™ shall not be liable to you or any third party for any termination, removal, editing, or discontinuance under this Agreement. Furthermore, you expressly acknowledge and agree not to attempt to access or otherwise use the Service after such termination, removal, editing, or discontinuance and any attempt to access or otherwise use the Service after such termination may result in legal actions against you.


VIOLATION OF TERMS AND LIQUIDATION DAMAGES

Since violations of the TOU might affect your use of the Service, please flag any violations for review by Contacting Us.
 

Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. You expressly acknowledge and agree that if it becomes necessary for Fabragi™ to pursue legal action to enforce the TOU, you will be liable to pay Fabragi™ the following amounts as liquidation damages plus any and all court and reasonable legal costs and fees:

  • If you post a message that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity without such person's or entity’s explicit consent, you expressly acknowledge and agree to pay Fabragi™ one thousand US dollars (US$1,000) for each and every such message. (This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures);
  • If you exceed the access limits, if any, in which Fabragi™ has established, you expressly acknowledge and agree to pay Fabragi™ one hundred US dollars (US$100) for each and every message posted in excess of such limits or for each and every day on which you access the Service in excess of such limits, whichever is higher;
  • If you access the Service in which your access has been terminated, you expressly acknowledge and agree to pay Fabragi™ one hundred US dollars (US$100) for each and every message posted in violation of this clause or for each and every day in which you access the Service, whichever is higher;
  • If you send unsolicited email advertisements to Fabragi™ email addresses or through Fabragi™ computer systems, you expressly acknowledge and agree to pay Fabragi™ twenty-five US dollars (US$25) for each and every such email;
  • If you post Content in violation of the TOU, other than as described above, you expressly acknowledge and agree to pay Fabragi™ one hundred US dollars (US$100) for each and every Content posted;
  • If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit any Content (that is not yours) for any purpose, in violation of the TOU, and without express written permission of Fabragi™, you expressly acknowledge and agree to pay Fabragi™ three thousand US dollars (US$3,000) for each and every day on which you engage in such a conduct;
  • If you are a Posting Agent (hereinafter collectively referred to as "Posting Agent”) who is hired by the Principle (hereinafter collectively referred to as "Principle") to access the Service, you are hereby violating the TOU. Thus, by doing so you, in addition to any liquidation damages under any and all clauses herein, shall pay Fabragi™ one hundred US dollars (US$100) for each and every Content you post in violation of the TOU;
  • If you are a Principle who hires a Posting Agent to access the Service, you are hereby violating the TOU. Thus, by doing so you, in addition to any and all liquidation damages under any and all clauses herein, shall pay Fabragi™ one hundred US dollars (US$100) for each and every Content that you have caused to post in violation of the TOU.


You expressly acknowledge and agree that Fabragi™, in its sole discretion, may elect to issue or not issue a warning before assessing damages.
 

Notwithstanding any other provision of the TOU, Fabragi™ retains the rights 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. Notwithstanding any other provision of the TOU in regard to liquidation damages, Fabragi™ retains the rights to seek actual damages to the extent such actual damages can be reasonably calculated.

 

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