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MYADFLIX.COM TERMS OF USE
1. ACCEPTANCE OF TERMS
MyAdFlix.Com provides a collection of online resources, including classified
ads, videos, forums, community announcements 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 MyAdFlix.Com
services, you agree to abide by any applicable posted guidelines for all
MyAdFlix.Com services, which may change from time to time. Should you object to
any term or condition of the TOU, any guidelines, or any subsequent
modifications thereto or become dissatisfied with MyAdFlix.Com in any way, your
only recourse is to immediately discontinue use of MyAdFlix.Com. MyAdFlix.Com
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:
http://www.MyAdFlix.Com/about/tou.html
3. CONTENT
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials (hereafter referred to as "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 MyAdFlix.Com does not control, and is not
responsible for Content made available through the Service, and that by using
the Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. Furthermore, the
MyAdFlix.Com site and Content available through the Service may contain links to
other websites, which are completely independent of MyAdFlix.Com. MyAdFlix.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 MyAdFlix.Com be liable in any way
for any Content or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed or otherwise made available via the
Service. You acknowledge that MyAdFlix.Com does not pre-screen or approve
Content, even though it will occasionally screen Content to help insure proper
positioning with in the category tier, but that MyAdFlix.Com shall have the
right (but not the obligation) in its sole discretion to refuse, delete or move
any Content that is available via the Service, for violating the letter or
spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The MyAdFlix.Com 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 MyAdFlix.Com, including
web sites, directories, servers, networks, systems, information and databases,
applications, software, programs, products or services, and the Internet as a
whole.
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You should
make whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties.
You agree that MyAdFlix.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 MyAdFlix.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 MyAdFlix.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.
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 MyAdFlix.Com's agent for notice of claims of copyright
or other intellectual property infringement ("Agent"), at
abuse@MyAdFlix.Com
or:
MyAdFlix.Com Content Management Dept. 9378 Arlington Expressway Suite #360
Jacksonville, Fl. 32246
Please provide our Agent with the following Notice:
a) Identify the material on the MyAdFlix.Com site that you claim is
infringing, with enough detail so that we may locate it on the website (Posters
Name, Date, Ad number);
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.
MyAdFlix.Com will remove the infringing posting(s), subject to the procedures
outlined in the Digital Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
MyAdFlix.Com has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the following web
address:
http://www.MyAdFlix.Com/about/privacy.html
Your use of the MyAdFlix.Com website or the Service signifies acknowledgement
of and agreement to our Privacy Policy. You further acknowledge and agree that
MyAdFlix.Com may, in its sole discretion, preserve or disclose your Content, as
well as your information, such as email addresses, IP addresses, timestamps, and
other user information, if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: comply with
legal process; enforce the TOU; respond to claims that any Content violates the
rights of third-parties; respond to claims that contact information (e.g. phone
number, street address) of a third-party has been posted or transmitted without
their consent or as a form of harassment; protect the rights, property, or
personal safety of MyAdFlix.Com, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's privacy, or is harmful to minors in
any way;
b) that is pornographic or depicts a human being engaged in actual
sexual conduct including but not limited to (i) sexual intercourse, including
genital-genital, oral-genital, anal-genital, or oral-anal, whether between
persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation,
or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the
genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad
fort he 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 MyAdFlix.Com employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another
person without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, mis-informative,
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 MyAdFlix.Com sites which are not
designated for such purposes; or emailed to MyAdFlix.Com users who have not
indicated in writing that it is ok to contact them about other services,
products or commercial interests.
m) that includes links to commercial services or web sites, except as
allowed in "services";
n) that advertises any illegal service or the sale of any items the
sale of which is prohibited or restricted by any applicable law, including
without limitation items the sale of which 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://MyAdFlix.Com.org/about/prohibited.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 MyAdFlix.Com;
v) post irrelevant Content or similar Content for the purpose or
non-purpose of imposing an unreasonable or disproportionately large load on our
infrastructure;
w) post the same item or service in classified categories or forums
that are not related or associated with the item or service, or in metropolitan
areas where such Item or service is considered a violation of the law;
x) attempt to gain unauthorized access to MyAdFlix.Com's computer
systems or engage in any activity that disrupts, diminishes the quality of,
interferes with the performance of, or impairs the functionality of, the Service
or the MyAdFlix.Com website; or
y) use any form of automated device or computer program that enables
the submission of postings on MyAdFlix.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.
z) use any form of automated device or computer program
("flagging tool") that enables the use of MyAdFlix.Com'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 MyAdFlix.Com's resources, you may not use a Posting Agent to post
Content to the Service without express permission or license from MyAdFlix.Com.
Correspondingly, Posting Agents are not permitted to post Content on behalf of
others, to cause Content to be so posted, or otherwise access the Service to
facilitate posting Content on behalf of others, except with express permission
or license from MyAdFlix.Com.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
MyAdFlix.Com email addresses or through MyAdFlix.Com computer systems, which is
expressly prohibited by these Terms, will use or cause to be used servers
located in California. Any unauthorized use of MyAdFlix.Com 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. ยง 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
MyAdFlix.Com charges a fee to post Content in most 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 MyAdFlix.Com may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained by
the Service, the maximum number and size of postings, email messages, or other
Content that may be transmitted or stored by the Service, and the frequency with
which you may access the Service. You agree that MyAdFlix.Com has no
responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that MyAdFlix.Com
reserves the right at any time to modify or discontinue the Service (or any part
thereof) with or without notice, and that MyAdFlix.Com shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service.
12. COUPON CODES
MyAdFlix.Com may issue or publicize individual coupon
codes that are redeemable only through the checkout process of this site.
Coupons are only good for the amount specified and used toward the purchase of a
classified ad on this site. Coupon codes are not actual coupons, and do not have
any cash value. In states we laws stipulate regulations on coupon values, all
coupon codes issued by MyAdFlix.com will have a maximum value of 1/10th of a
cent. ($.001). Any unauthorized use or any abuse of issued coupon codes will be
considered a violation of the TOU, and could result in the collection of damages
explained below.
13. ACCESS TO THE SERVICE
MyAdFlix.Com grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use. This license does not include: (a) Access
to the Service by Posting Agents; or (b) any collection, aggregation, copying,
duplication, display or derivative use of the Service nor any use of data
mining, robots, spiders, or similar data gathering and extraction tools for any
purpose unless expressly permitted by MyAdFlix.Com. A limited exception to (b)
is provided to general-purpose internet search engines and non-commercial public
archives that use such tools to gather information for the sole purpose of
displaying hyperlinks to the Service, provided they each do so from a stable IP
address or range of IP addresses using an easily identifiable agent and comply
with our robots.txt file. "General purpose internet search engine"
does not include a website or search engine or other service that specializes in
classified listings or in any subset of classifieds listings such as jobs,
housing, for sale, services, or personals, or which is in the business of
providing classified ad listing services.
MyAdFlix.Com permits you to display on your website, or create a hyperlink on
your website to, individual postings on the Service so long as such use is for
nonprofit 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
MyAdFlix.Com to do so. You may also create a hyperlink to the home page of
MyAdFlix.Com sites so long as the link does not portray MyAdFlix.Com, its
employees, or its affiliates in a false, misleading, derogatory, or otherwise
offensive matter.
MyAdFlix.Com offers various parts of the Service in RSS format so that users
can embed individual feeds into a personal website or blog, or view postings
through third party software news aggregators. MyAdFlix.Com permits you to
display, excerpt from, and link to the RSS feeds on your personal website or
personal web blog, provided that (a) your use of the RSS feed is for personal,
non-commercial purposes only, (b) each title is correctly linked back to the
original post on the Service and redirects the user to the post when the user
clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'MyAdFlix.Com'
as the source, (d) your use or display does not suggest that MyAdFlix.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 MyAdFlix.Com's systems. MyAdFlix.Com reserves all rights in the
content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by
MyAdFlix.Com immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
Service or any Content made available via the Service for other purposes
(including commercial purposes) not stated herein, you must first obtain a
license from MyAdFlix.Com.
14. TERMINATION OF SERVICE
You agree that MyAdFlix.Com, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
MyAdFlix.Com believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that MyAdFlix.Com shall not be liable to
you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
15. 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 MyAdFlix.Com. You further
agree not to reproduce, duplicate or copy Content from the Service without the
express written consent of MyAdFlix.Com, and agree to abide by any and all
copyright notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any source code
contained in the Service. Without limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Service. MYADFLIX.COM is a registered mark in the U.S. Patent
and Trademark Office.
Although MyAdFlix.Com does not claim ownership of content that its users
post, by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
MyAdFlix.Com an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content, and
to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any public area of the Service, you
automatically grant MyAdFlix.Com all rights necessary to prohibit any subsequent
aggregation, display, copying, duplication, reproduction, or exploitation of the
Content on the Service by any party for any purpose.
16. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE MYADFLIX.COM SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE MYADFLIX.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MYADFLIX.COM
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY,
AND PERFORMANCE OF THE MYADFLIX.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT
PERMITTED BY LAW, MYADFLIX.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE MYADFLIX.COM SITE OR THE SITES OR
SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE MYADFLIX.COM SITE. TO THE FULLEST
EXTENT PERMITTED BY LAW, MYADFLIX.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR
OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MYADFLIX.COM SITE OR THE
SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, some of the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
17. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MYADFLIX.COM BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MYADFLIX.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT
OF YOUR USE OF THE MYADFLIX.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF THE MYADFLIX.COM SITE OR THE SERVICE, FROM INABILITY TO
USE THE MYADFLIX.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE MYADFLIX.COM SITE OR THE
SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE MYADFLIX.COM SITE OR THE SERVICE OR ANY LINKS ON THE
MYADFLIX.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE MYADFLIX.COM SITE OR THE SERVICE OR
ANY LINKS ON THE MYADFLIX.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, some of the foregoing limitation may not apply
to you.
18. INDEMNITY
You agree to indemnify and hold MyAdFlix.Com, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service providers,
suppliers and employees, harmless from any claim or demand, including reasonable
attorney fees and court costs, made by any third party due to or arising out of
Content you submit, post or make available through the Service, your use of the
Service, your violation of the TOU, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
19. GENERAL INFORMATION
The TOU constitute the entire agreement between you and MyAdFlix.Com and
govern your use of the Service, superceding any prior agreements between you and
MyAdFlix.Com. The TOU and the relationship between you and MyAdFlix.Com shall be
governed by the laws of the State of California without regard to its conflict
of law provisions. You and MyAdFlix.Com agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of San Francisco,
California. The failure of MyAdFlix.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.
20. 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@MyAdFlix.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 MyAdFlix.Com to pursue legal action to
enforce these Terms, you will be liable to pay MyAdFlix.Com the following
amounts as liquidated damages, which you accept as reasonable estimates of
MyAdFlix.Coms' 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 MyAdFlix.Com 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 MyAdFlix.Com establishes limits on the frequency with which you
may access the Service, or terminates your access to or use of the Service, you
agree to pay MyAdFlix.Com one hundred dollars ($100) for each message posted in
excess of such limits or for each day on which you access MyAdFlix.Com in excess
of such limits, whichever is higher.
c. If you send unsolicited email advertisements to MyAdFlix.Com email
addresses or through MyAdFlix.Com computer systems, you agree to pay
MyAdFlix.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 MyAdFlix.Com one hundred dollars ($100) for
each Item of Content posted. In its sole discretion, MyAdFlix.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 MyAdFlix.Com 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 MyAdFlix.Com 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 MyAdFlix.Com's express written permission, you agree to
pay MyAdFlix.Com four thousand five hundred dollars ($4,500) for each day on
which you engage in such conduct.
Otherwise, you agree to pay MyAdFlix.Com's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other provision
of these Terms, MyAdFlix.Com 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.
21. FEEDBACK
We welcome your questions and comments on this document. Please visit :
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