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Posting a events listing on san francisco bay area craigslist + east bay area
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of Terms
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to
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which is
expressly prohibited by these Terms, will use or cause to be used
servers
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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.
7. Limitations on service
You acknowledge that craigslist 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 craigslist has no
responsibility or liability for the deletion or failure to store any
Content
maintained or transmitted by the Service. You acknowledge that
craigslist
reserves the right at any time to modify or discontinue the Service (or
any
part thereof) with or without notice, and that craigslist shall not be
liable
to you or to any third party for any modification, suspension or
discontinuance
of the Service.
8. Termination of service
You agree that craigslist, 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
craigslist believes that you have acted inconsistently with the letter
or
spirit of the Terms. Further, you agree that craigslist 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 9-13 shall survive termination of these Terms.
9. Dealings with organizations and individuals
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,
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agree
that craigslist shall not be responsible or liable for any loss or
damage of
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dispute
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In the event that you have a dispute with one or more other users, you
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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."
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collective work is prohibited. Copying or reproducing the sites or any
portion
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copyright
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reverse
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duplicate,
copy, sell, resell or exploit for any commercial purposes, any aspect
of the
Service. CRAIGSLIST is a registered mark in the U.S. Patent and
Trademark
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Although craigslist does not claim ownership of content that its users
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AT YOUR
OWN RISK. THE CRAIGSLIST SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS
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MERCHANTABILITY,
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RIGHTS
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE
FULLEST
EXTENT PERMITTED BY LAW, CRAIGSLIST DISCLAIMS ANY WARRANTIES FOR THE
SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CRAIGSLIST
SITE AND
THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRAIGSLIST
DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE
CRAIGSLIST SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS
ON THE
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DISCLAIMS
ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION
WITH THE
CRAIGSLIST 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.
12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL CRAIGSLIST BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
CRAIGSLIST HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF
YOUR USE OF THE CRAIGSLIST SITE OR THE SERVICE, WHETHER THE DAMAGES
ARISE FROM
USE OR MISUSE OF THE CRAIGSLIST SITE OR THE SERVICE, FROM INABILITY TO
USE THE
CRAIGSLIST SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION,
ALTERATION, OR TERMINATION OF THE CRAIGSLIST 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
CRAIGSLIST SITE OR THE SERVICE OR ANY LINKS ON THE CRAIGSLIST SITE, AS
WELL AS
BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
IN
CONNECTION WITH THE CRAIGSLIST SITE OR THE SERVICE OR ANY LINKS ON THE
CRAIGSLIST SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT
PERMITTED
BY LAW. In some jurisdiction, limitations of liability are not
permitted. In
such jurisdictions, some of the foregoing limitation may not apply to
you.
13. Indemnity
You agree to indemnify and hold craigslist, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third
party due
to or arising out of Content you submit, post or make available through
the
Service, your use of the Service, your violation of the Terms, your
breach of
any of the representations and warranties herein, or your violation of
any
rights of another.
14. General information
The Terms constitute the entire agreement between you and craigslist
and govern
your use of the Service, superceding any prior agreements between you
and
craigslist. The Terms and the relationship between you and craigslist
shall be
governed by the laws of the State of California without regard to its
conflict
of law provisions. You and craigslist agree to submit to the personal
and
exclusive jurisdiction of the courts located within the county of San
Francisco, California. The failure of craigslist to exercise or enforce
any
right or provision of the Terms shall not constitute a waiver of such
right or
provision. If any provision of the Terms is found by a court of
competent
jurisdiction to be invalid, the parties nevertheless agree that the
court
should endeavor to give effect to the parties' intentions as reflected
in the
provision, and the other provisions of the Terms remain in full force
and
effect. You agree that regardless of any statute or law to the
contrary, any
claim or cause of action arising out of or related to use of the
Service or the
Terms must be filed within one (1) year after such claim or cause of
action
arose or be forever barred.
15. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s)
for
review, or by emailing to abuse@craigslist.org. 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 actual damages cannot be reasonably calculated then you will be
liable to
pay craigslist liquidated damages as follows:
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
craigslist one
thousand dollars ($1,000) for each such message.
b. If craigslist 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 craigslist one hundred dollars ($100) for each message posted in
excess of
such limits or for each day on which you access craigslist in excess of
such
limits, whichever is higher.
c. If you send unsolicited email advertisements to craigslist email
addresses
or through craigslist computer systems, you agree to pay craigslist
twenty five
dollars ($25) for each such email.
d. If you post messages in violation of these Terms of Use, other than
as
described above, you agree to pay craigslist one hundred dollars ($100)
for
each such message. In its sole discretion, craigslist may elect to
issue a
warning before assessing damages.
Otherwise, you agree to pay craigslist's actual damages, to the extent
such
actual damages can be reasonably calculated.
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