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Terms of Services

 


 

 
 

HaveApeep.com TERMS OF USE


 
 

You may only enter this Website if you are at least 18 years of age, or at least the age of majority in the jurisdiction where you reside or from which you access this Website. If you do not meet these requirements, then you do not have permission to use the Website.


 
 

When accessing the pages or the information contained on our websites, or by using our services in any manner, you agree to comply with all terms in this agreement. These are the terms and conditions for advertising, registering and for using the HaveApeep.com services.


 
 

Money exchanged for legal adult personal services, such as companion, is for time and companionship only. Anything else that may transpire is a matter of personal choice between two consenting adults of legal age and is not contracted, nor requested for contract, solicited or compensated in any manner.


 

 
 

1. ACCEPTANCE OF TERMS


 
HaveApeep.com 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 ("Terms"). By using the Service
in any way, you are agreeing to comply with the Terms. In addition, when using
particular HaveApeep.com services, you agree to abide by any applicable posted
guidelines for all HaveApeep.com services, which may change from time to time.
Should you object to any term or condition of the Terms, any guidelines,
or any subsequent modifications thereto or become dissatisfied with HaveApeep.com
in any way, your only recourse is to immediately discontinue use of HaveApeep.com.
HaveApeep.com has the right, but is not obligated, to strictly enforce the Terms
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 Terms at:


 
 

http://www.HaveApeep.com


 

 
 

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

 

HaveApeep.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 HaveApeep.com site and Content available through

 

the Service may contain links to other websites, which are completely

 

independent of HaveApeep.com. HaveApeep.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 HaveApeep.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 HaveApeep.com does not pre-screen or approve Content, but that HaveApeep.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 Terms or for any other reason.


 

 
 

4. THIRD PARTY CONTENT, SITES, AND SERVICES


 
 

The HaveApeep.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 HaveApeep.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 HaveApeep.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 HaveApeep.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 HaveApeep.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. 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 HaveApeep.com's agent for notice of claims of

 

copyright or other intellectual property infringement ("Agent"), at


 
 

info@HaveApeep.com


 
 

Please provide our Agent with the following Notice:


 
 

a) Identify the material on the HaveApeep.com 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.


 
 

HaveApeep.com will remove the infringing posting(s), subject to the the procedures

 

outlined in the Digital Millennium Copyright Act (DMCA).


 

 
 

6. PRIVACY AND INFORMATION DISCLOSURE


 
 

HaveApeep.com has established a Privacy Policy to explain to users how their

 

information is collected and used.


 
 

Your use of the HaveApeep.com website or the Service signifies acknowledgement of

 

and agreement to our Privacy Policy. You further acknowledge and agree that

 

HaveApeep.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 Terms; 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 HaveApeep.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 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

 

HaveApeep.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 HaveApeep.com sites which are not designated for such

 

purposes; or emailed to HaveApeep.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.


 
 

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 HaveApeep.com;


 
 

v) post non-local or otherwise irrelevant Content, repeatedly post the

 

same or similar Content or otherwise impose an unreasonable or

 

disproportionately large load on our infrastructure;


 
 

x) attempt to gain unauthorized access to HaveApeep.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 HaveApeep.com website; or


 
 

y) use any form of automated device or computer program that enables the

 

submission of postings on HaveApeep.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 HaveApeep.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 Terms;


 
 

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 HaveApeep.com's resources, you may not use a Posting

 

Agent to post Content to the Service without express permission or

 

license from HaveApeep.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 HaveApeep.com.


 

 
 

9. NO SPAM POLICY


 
 

You understand and agree that sending unsolicited email advertisements to

 

HaveApeep.com email addresses or through HaveApeep.com computer systems, which is

 

expressly prohibited by these Terms. 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 Terms. All fees paid will be non-refundable in the

 

event that Content is removed from the Service for violating the Terms.


 

 
 

11. LIMITATIONS ON SERVICE


 
 

You acknowledge that HaveApeep.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 HaveApeep.com

 

has no responsibility or liability for the deletion or failure to store any

 

Content maintained or transmitted by the Service. You acknowledge that

 

HaveApeep.com reserves the right at any time to modify or discontinue the

 

Service (or any part thereof) with or without notice, and that HaveApeep.com

 

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


 
 

HaveApeep.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 HaveApeep.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.


 
 

HaveApeep.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 noncommercial and/or news reporting purposes only (e.g., for use in

 

personal web blogs or personal online media). If the total number of such

 

postings displayed or linked to on your website exceeds one hundred (100)

 

postings, your use will be presumed to be in violation of the Terms,

 

absent express permission granted by HaveApeep.com to do so. You may also

 

create a hyperlink to the home page of HaveApeep.com sites so long as the

 

link does not portray HaveApeep.com, its employees, or its affiliates in a

 

false, misleading, derogatory, or otherwise offensive matter.


 
 

HaveApeep.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. HaveApeep.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 'HaveApeep.com' as the source, (d) your use or

 

display does not suggest that HaveApeep.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

 

HaveApeep.com's systems. HaveApeep.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

 

HaveApeep.com 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 HaveApeep.com.


 

 
 

13. TERMINATION OF SERVICE


 
 

You agree that HaveApeep.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 HaveApeep.com believes that you have acted inconsistently with the letter or

 

spirit of the Terms. Further, you agree that HaveApeep.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 Terms.


 

 
 

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 HaveApeep.com. You further agree not to reproduce,

 

duplicate or copy Content from the Service without the express written

 

consent of HaveApeep.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. HaveApeep.com is a registered mark in the U.S. Patent

 

and Trademark Office.


 
 

Although HaveApeep.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

 

HaveApeep.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 sub licenses (through multiple tiers) of the

 

foregoing. Furthermore, by posting Content to any public area of the Service,

 

you automatically grant HaveApeep.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.


 

 
 

15. DISCLAIMER OF WARRANTIES


 
 

YOU AGREE THAT USE OF THE HaveApeep.com SITE AND THE SERVICE IS ENTIRELY AT

 

YOUR OWN RISK. THE HaveApeep.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,

 

HaveApeep.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,

 

TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HaveApeep.com SITE AND THE

 

SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, HaveApeep.com DISCLAIMS ANY

 

WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE

 

HaveApeep.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON

 

THE HaveApeep.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HaveApeep.com

 

DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN

 

CONNECTION WITH THE HaveApeep.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.


 

 
 

16. LIMITATIONS OF LIABILITY


 
 

UNDER NO CIRCUMSTANCES SHALL HaveApeep.com BE LIABLE FOR DIRECT, INDIRECT,

 

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HaveApeep.com

 

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY

 

ASPECT OF YOUR USE OF THE HaveApeep.com SITE OR THE SERVICE, WHETHER THE

 

DAMAGES ARISE FROM USE OR MISUSE OF THE HaveApeep.com SITE OR THE SERVICE, FROM

 

INABILITY TO USE THE HaveApeep.com SITE OR THE SERVICE, OR THE INTERRUPTION,

 

SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HaveApeep.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 HaveApeep.com SITE OR THE SERVICE OR ANY

 

LINKS ON THE HaveApeep.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR

 

ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HaveApeep.com SITE

 

OR THE SERVICE OR ANY LINKS ON THE HaveApeep.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.


 

 
 

17. INDEMNITY


 
 

You agree to indemnify and hold HaveApeep.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 Terms, your

 

breach of any of the representations and warranties herein, or your

 

violation of any rights of another.


 

 
 

18. GENERAL INFORMATION


 
 

The Terms constitute the entire agreement between you and HaveApeep.com and

 

govern your use of the Service, superseding any prior agreements between you

 

and HaveApeep.com. The Terms and the relationship between you and HaveApeep.com

 

shall be governed by the laws of the State of California without regard to

 

its conflict of law provisions. You and HaveApeep.com agree to submit to the

 

personal and exclusive jurisdiction of the courts located within the county

 

of San Francisco, California. The failure of HaveApeep.com 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.


 

 
 

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES


 
 

Please report any violations of the Terms, by flagging the posting(s) for

 

review, or by emailing to:


 
 

info@HaveApeep.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 HaveApeep.com to pursue legal action to enforce these

 

Terms, you will be liable to pay HaveApeep.com the following amounts as liquidated

 

damages, which you accept as reasonable estimates of HaveApeep.com's' 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

 

HaveApeep.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 HaveApeep.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 HaveApeep.com one hundred dollars ($100) for each message posted

 

in excess of such limits or for each day on which you access HaveApeep.com in

 

excess of such limits, whichever is higher.


 
 

c. If you send unsolicited email advertisements to HaveApeep.com email

 

addresses or through HaveApeep.com computer systems, you agree to pay

 

HaveApeep.com twenty five dollars ($25) for each such email.


 
 

d. If you post Content in violation of the Terms, other than as described

 

above, you agree to pay HaveApeep.com one hundred dollars ($100) for each

 

Item of Content posted. In its sole discretion, HaveApeep.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

 

Terms, in addition to any liquidated damages under clause (d), you agree to

 

pay HaveApeep.com one hundred dollars ($100) for each and every Item you post

 

in violation of the Terms. 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 Terms) agrees to pay HaveApeep.com an additional one hundred

 

dollars ($100) for each Item posted by the Posting Agent on behalf of

 

the Principal in violation of the Terms.


 
 

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 HaveApeep.com's express written permission,

 

you agree to pay HaveApeep.com three thousand dollars ($3,000) for each day

 

on which you engage in such conduct.


 
 

Otherwise, you agree to pay HaveApeep.com's actual damages, to the extent such

 

actual damages can be reasonably calculated. Notwithstanding any other

 

provision of these Terms, HaveApeep.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.