Terms and Conditions
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ACCEPTANCE OF TERMS
THEBAILOUTECONOMY provides
a collection of online resources, including forums,
user advertisements and various news aggregator
services, (referred to hereafter as "the Service")
subject to the following Terms of Service
("TOS"). By using the Service in any way,
you are agreeing to comply with the TOS.
In addition, when using particular
THEBAILOUTECONOMY services, you agree to abide
by any applicable posted guidelines for all
THEBAILOUTECONOMY services, which may change from
time to time. Should you object to any term
or condition of the TOS, any guidelines, or
any subsequent modifications thereto or become
dissatisfied with THEBAILOUTECONOMY in any way,
your only recourse is to immediately
discontinue use of THEBAILOUTECONOMY.
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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 TOS at:
http://www.THEBAILOUTECONOMY.com/legal
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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 THEBAILOUTECONOMY 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 THEBAILOUTECONOMY site and Content available
through the Service may contain links to other websites,
which are completely independent of THEBAILOUTECONOMY.
THEBAILOUTECONOMY makes no representation or warranty
as to the accuracy, completeness or authenticity of
the information contained in any such site.
Your linking to any other webites is at your own risk.
You agree that you must evaluate, and bear all risks
associated with, the use of any Content, that you may
not rely on said Content, and that under no
circumstances will THEBAILOUTECONOMY 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 THEBAILOUTECONOMY does not
pre-screen or approve Content, but that THEBAILOUTECONOMY
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 TOS or for any other reason.
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THIRD PARTY CONTENT, SITES, AND SERVICES
The THEBAILOUTECONOMY 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 THEBAILOUTECONOMY,
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 THEBAILOUTECONOMY 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 THEBAILOUTECONOMY is under no
obligation to become involved. In the event that you
have a dispute with one or more other users, you hereby
release THEBAILOUTECONOMY, 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, USA 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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NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a
way that constitutescopyright infringement, or your
intellectual property rights have beenotherwise
violated, please notify THEBAILOUTECONOMY by filling out the
CONTACT form at:
http://www.THEBAILOUTECONOMY.com/contact
Please provide the following information :
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Identify the material on the THEBAILOUTECONOMY site
that you claim is infringing, with enough detail so
that we may locate it on the website;
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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;
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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;
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Your address, telephone number, and email address;
and
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Your physical or electronic signature.
THEBAILOUTECONOMY will remove the infringing posting(s),
subject to the the procedures outlined in the
Digital Millenium Copyright Act (DMCA).
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PRIVACY AND INFORMATION DISCLOSURE
By using the THEBAILOUTECONOMY service ("the Service"),
you are agreeing to the terms set forth in this Privacy
Policy Statement. This Privacy Policy Statement applies
only to this Service and the data collected on-line
through this Service. For other terms and conditions
that apply to your use of the Service, please review
our Terms of Service.
THEBAILOUTECONOMY uses "cookies," a piece of data stored
on the user's hard drive containing information about
the user. Cookies permit us to recognize you and avoid
repetitive requests for the same information, thereby
saving time while on our site. If users reject the
cookies, they may be limited in the use of our Service.
Our Service may contain links to other websites and
information. We are not responsible for the privacy
practices or the content of these websites or software.
Please visit the privacy policies of these third party
sites in order to understand their privacy and
information collection practices.
Your use of the THEBAILOUTECONOMY website or the Service
signifies acknowledgement of and agreement to our
Privacy Policy.
You further acknowledge and agree that THEBAILOUTECONOMY
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 TOS; 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
THEBAILOUTECONOMY, its users or the general public.
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CONDUCT
You agree not to post, email, or otherwise make available
Content:
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that is unlawful, harmful, threatening, abusive,
harassing, defamatory, libelous, invasive of another's
privacy, or is harmful to minors in any way;
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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;
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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;
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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);
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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.
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with respect to employers that employ four or more
employees, that violates the anti-discrimination provision
of the National Immigration laws as a condition for
employment, unless otherwise required in order to comply
with law, regulation, executive order, or federal, state,
or local government contract.
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that impersonates any person or entity, including,
but not limited to, a THEBAILOUTECONOMY 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.);
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that includes personal or identifying information
about another person without that person's explicit
consent;
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that is false, deceptive, misleading, deceitful,
misinformative, or constitutes "bait and switch";
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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;
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that constitutes or contains "affiliate marketing,"
"link referral code," "junk mail," "spam," "chain letters,"
"pyramid schemes," or unsolicited commercial advertisement;
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that constitutes or contains any form of advertising
or solicitation if: posted in areas of the THEBAILOUTECONOMY
sites which are not designated for such purposes; or
emailed to THEBAILOUTECONOMY users who have not indicated
in writing that it is ok to contact them about other
services, products or commercial interests.
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that includes links to services or web sites,
that are offensive in nature.
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that advertises any illegal service or the sale of any
items the sale of which is prohibited or restricted by any
applicable law.
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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;
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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
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that employs misrepresentation of another person
via use of email address pr any other such form of
identitify that attempts to impersonate the other
individualwithout his or her prior consent.
Additionally, you agree not to:
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contact anyone who has asked not to be contacted;
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"stalk" or otherwise harass anyone;
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collect personal data about other users for commercial
or unlawful purposes;
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use automated means, including spiders, robots,
crawlers, data mining tools, or the like to download
data from the Service - unless expressly permitted
by THEBAILOUTECONOMY;
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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;
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attempt to gain unauthorized access to THEBAILOUTECONOMY'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
THEBAILOUTECONOMY website; or
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use any form of automated device or computer program
that enables the submission of postings on THEBAILOUTECONOMY
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.
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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
THEBAILOUTECONOMY's resources, you may not use a Posting
Agent to post Content to the Service without express
permission or license from THEBAILOUTECONOMY.
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 THEBAILOUTECONOMY.
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NO SPAM POLICY
You understand and agree that sending unsolicited email
advertisements to THEBAILOUTECONOMY email addresses or through
THEBAILOUTECONOMY form submissions is expressly prohibited by
the TOS. Such violations may subject the sender and his
or her agents to civil and criminal penalties.
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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 TOS. All fees paid will be
non-refundable in the event that Content is removed
from the Service for violating the TOS.
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LIMITATIONS ON SERVICE
You acknowledge that THEBAILOUTECONOMY 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 THEBAILOUTECONOMY
has no responsibility or liability for the deletion or
failure to store any Content maintained or transmitted
by the Service. You acknowledge that THEBAILOUTECONOMY
reserves the right at any time to modify or discontinue
the Service (or any part thereof) with or without notice,
and that THEBAILOUTECONOMY shall not be liable to you or to
any third party for any modification, suspension or
discontinuance of the Service.
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ACCESS TO THE SERVICE
THEBAILOUTECONOMY 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 THEBAILOUTECONOMY.
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.
THEBAILOUTECONOMY 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 TOS, absent express permission granted by
THEBAILOUTECONOMY to do so. You may also create a hyperlink
to the home page of THEBAILOUTECONOMY sites so long as the
link does not portray THEBAILOUTECONOMY, its employees, or
its affiliates in a false, misleading, derogatory, or
otherwise offensive manner.
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TERMINATION OF SERVICE
You agree that THEBAILOUTECONOMY, 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 anypart thereof),
immediately and without notice, and remove and discard
any Content within the Service, for any reason, including,
without limitation, if THEBAILOUTECONOMY believes that you
have acted inconsistently with the letter or spirit of the
TOS. Further, you agree that THEBAILOUTECONOMY 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 12-18 shall survive termination of
the TOS.
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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 THEBAILOUTECONOMY.
You further agree not to reproduce, duplicate or copy
Content from the Service without the express written
consent of THEBAILOUTECONOMY, 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.
Although THEBAILOUTECONOMY 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 THEBAILOUTECONOMY 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 THEBAILOUTECONOMY 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.
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DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT
YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS,"
AND THE SERVICE PROVIDER AND ITS AFFILIATES HEREBY
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS
AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF ACCURACY, RELIABILITY, TITLE,
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR
A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION,
GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING
OR IN ELECTRONIC FORM, INCLUDING BUT NOT
LIMITED TO THE ACCURACY OR COMPLETENESS.
THEBAILOUTECONOMY DOES NOT REPRESENT OR WARRANT THAT ACCESS
TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE
WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL
BE TRANSMITTED ON THE SERVICE.
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LIMITATIONS OF LIABILITY
THEBAILOUTECONOMY SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY
SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY
TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED
TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF
OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION
OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF
THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 THEBAILOUTECONOMY SITE OR THE SERVICE OR ANY
LINKS ON THE THEBAILOUTECONOMY SITE, AS WELL AS BY REASON
OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE THEBAILOUTECONOMY SITE
OR THE SERVICE OR ANY LINKS ON THE THEBAILOUTECONOMY 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.
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INDEMNITY
You agree to indemnify and hold THEBAILOUTECONOMY, 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 TOS, your
breach of any of the representations and warranties herein,
or your violation of any rights of another.
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GENERAL INFORMATION
The TOS constitute the entire agreement between you and
THEBAILOUTECONOMY and govern your use of the Service,
superseding any prior agreements between you and
THEBAILOUTECONOMY. The failure of THEBAILOUTECONOMY to
exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision.
If any provision of the TOS 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 TOS remain
infull 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 TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
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VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOS, by sending a
message via the CONTACT form at
http://www.THEBAILOUTECONOMY.com/contact
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 THEBAILOUTECONOMY to pursue legal action
to enforce the TOS, you will be liable to pay
THEBAILOUTECONOMY the following amounts as liquidated
damages, which you accept as reasonable
estimates of THEBAILOUTECONOMYs' damages for the
specified breaches of the TOS:
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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
THEBAILOUTECONOMY one thousand five hundred dollars
($1,500) for each such message. This provision
does not apply to messages that are lawful
non-deceptive parodies of public figures.
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If THEBAILOUTECONOMY 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 THEBAILOUTECONOMY one hundred fifty
dollars ($150) for each message posted in excess of
such limits or for each day on which you access
THEBAILOUTECONOMY in excess of such limits, whichever is
higher.
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If you send unsolicited email advertisements
to THEBAILOUTECONOMY email addresses or through THEBAILOUTECONOMY
computer systems, you agree to pay THEBAILOUTECONOMY
twenty five dollars ($25) for each such email.
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If you post Content in violation of the TOS,
other than as described above, you agree to pay
THEBAILOUTECONOMY one hundred fifty dollars ($150) for
each Item of Content posted. In its sole
discretion, THEBAILOUTECONOMY may elect to issue a
warning before assessing damages.
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If you are a Posting Agent that uses the Service
in violation of the TOS, in addition to any liquidated
damages under clause (d), you agree to pay THEBAILOUTECONOMY
one hundred fifty dollars ($150) for each and every
Item of Conent posted in violation of the TOS.
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 TOS) agrees to pay THEBAILOUTECONOMY an
additional one hundred fifty dollars ($150) for
each Item of Conent posted by the Posting Agent
on behalf of the principal in violation of the
TOS.
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If you aggregate, display, copy, duplicate,
reproduce, or otherwise exploit for any purpose
any Content (except for your own Content) in
violation of the TOS without THEBAILOUTECONOMY's express
written permission, you agree to pay THEBAILOUTECONOMY
three thousand dollars ($3,000) for each day on
which you engage in such conduct.
Otherwise, you agree to pay THEBAILOUTECONOMY's actual
damages, to the extent such actual damages can be
reasonably calculated. Notwithstanding any other
provision of the TOS, THEBAILOUTECONOMY retains the
right to seek the remedy of specific performance
of any term contained in the TOS, 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 TOS, or any combination thereof.