Terms and Conditions
1. ACCEPTANCE OF TERMS
Tag Sell It, Inc. (together with its affiliates, parents, subsidiaries, successors and assigns, "Tagsellit") provides a collection of online resources, including classified ads, forums, and various email services (the " Service") at its web site www.tagsellit.com (the "Site"). The Service is subject to the following terms (the "Terms"). Using the Service in any way constitutes your consent to be bound by the Terms, without limitation or qualification. In addition, when using particular Tagsellit services, you agree to abide by any posted guidelines for such services (the "Guidelines").
IF YOU DO NOT AGREE TO THE TERMS OR GUIDELINES, OR SUBSEQUENT CHANGES TO THE TERMS OR GUIDELINES, YOU ARE NOT PERMITTED TO USE THE SERVICE.
2. MODIFICATIONS TO THIS AGREEMENT
You understand and agree that all postings, messages, text, files, images, photos, video, sounds, or other materials (the "Content") posted on, transmitted through, or linked from the Service, as applicable, are the sole responsibility of the person from whom such Content originated. You understand and agree that Tagsellit does not control, and is not responsible for, Content made available through the Site, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable, and as a condition precedent to Tagsellit providing the Service, you agree not to hold Tagsellit, its employees, directors, officers, shareholders or agents responsible for such Content. You also understand and agree that you are entirely responsible, without limitation, for all Content that you post, email or otherwise make available via the Service, and as a condition precedent to Tagsellit providing the Service, you agree to indemnify Tagsellit, its employees, directors, officers, shareholders and agents for any direct or indirect losses, claims, expenses, including attorneys' fees, or damages arising from or associated with the Content you post to the Site.
You understand and agree that Tagsellit does not pre-screen or approve Content and that Tagsellit shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content from the Site.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Site and its Content may contain features and functionalities that provide links to, or provide you with access to, third party content that is not affiliated with the Tagsellit, such as web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole (Non-affiliated Content"). You understand and agree that Tagsellit is not responsible for any such Non-affiliated Content in any way, and you understand and agree that your use of such Non-affiliated Content is your sole responsibility. As a condition precedent to Tagsellit providing the Service, you agree to indemnify Tagsellit, its employees, directors, officers, shareholders and agents for any direct or indirect losses, claims, expenses, including attorneys' fees, or damages arising from or associated with your use of Non-affiliated Content.
Your interactions with other organizations and/or individuals using the Service (each a "Third Party"), including payment for, and/or delivery of, goods or services, and any other terms, conditions, warranties or representations associated with such dealings ("Third-party Transactions"), are solely between you and such Third Parties. You should make whatever investigation you deem necessary or appropriate before interacting with a Third Party or proceeding with any Third-party Transaction.
You understand and agree that Tagsellit shall not be responsible or liable for any loss, injury, harm, or damage, of whatever nature and however incurred, resulting from your interaction with a Third Party or your entering into a Third-party Transaction, and that as a condition precedent to Tagsellit offering the Service, you agree to indemnify Tagsellit, its employees, directors, officers, shareholders and agents for any direct or indirect losses, claims, expenses, including attorneys' fees, or damages arising from or associated with your interaction with a Third Party or your entering into a Third-party Transaction. If there is a dispute between participants on the Site, you understand and agree that Tagsellit shall have no obligation to become involved in any way whatsoever. As a condition precedent to Tagsellit providing the Service, in the event that you have a dispute with one or more Third Parties, you agree to indemnify Tagsellit, its employees, directors, officers, shareholders and agents for any direct or indirect losses, claims, expenses, including attorneys' fees, or damages arising from such dispute.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
The content of the Site and the Service are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without the prior written permission of Tagsellit.
The trademarks, service marks and logos (collectively, the "Trademarks") used in this Site are registered and unregistered trademarks. The Trademarks belong to Tagsellit or their respective owners. The Trademark owner has exclusive rights to the Trademarks. Any unauthorized use of Trademarks is strictly prohibited. You may not display or use the Trademarks for any purpose without the written permission of the Trademark owner.
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 TagSellIt's agent for notice of claims of copyright or other intellectual property infringement (the "Agent"), at:
Tag Sell It Inc
2121 Delgany Street, Suite 1325
Denver, CO 80202
Please provide our Agent with the following notice:
a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it;
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 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.
Tagsellit will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
In registration or subscription to use Tagsellit.com, Tag Sell It Inc. reserves the right to contact you via email with periodic updates and newsletters relevant to the use of our service(s). If at any time you wish to "opt out" of such updates, simply email [email protected] with the subject line "PLEASE REMOVE FROM FUTURE NOTIFICATIONS."
You agree not to post, email, or otherwise make available Content that:
a) Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) 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;
c) 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;
d) Impersonates any person or entity, including, but not limited to, a Tagsellit 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.);
e) Includes personal or identifying information about another person, without that person's explicit consent;
f) Is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) 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;
h) constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement of any kind;
i) constitutes or contains any form of advertising or solicitation if posted in areas of the Site, which are not designated for such purposes, or emailed to Tagsellit users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
j) includes links to commercial services or web sites, except as allowed in TagSellIt's policies;
k) advertises any illegal service or the sale of any item that is prohibited or restricted by law, including, without limiting the generality of the foregoing, the items and services listed at the following web address:
l) 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;
m) disrupts the normal flow of dialogue with an excessive amount of Content (a flooding attack) to the Site, or that otherwise negatively affects other users' ability to use the Service or the Site; or
n) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site.
Additionally, you agree not to:
a) contact anyone who has asked not to be contacted;
b) "stalk" or otherwise harass anyone;
c) collect personal data about other users for commercial or unlawful purposes;
d) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site - unless expressly permitted by Tagsellit;
e) 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 data infrastructure;
f) attempt to gain unauthorized access to Tagsellit'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 Site; or
g) use any form of automated device or computer program that enables the submission of postings on the Site, 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.
8. POSTING AGENTS
A posting agent (a "Posting Agent") is a third-party agent, service, or intermediary that offers to post Content to the Site on behalf of others. To moderate demands on Tagsellit's resources, you may not use a Posting Agent to post Content to the Service, without express permission or license from Tagsellit. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be posted, or otherwise access the Site to facilitate posting Content on behalf of others, without express permission or license from Tagsellit.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Tagsellit email addresses or through Tagsellit computer systems, which is expressly prohibited by these Terms, and unauthorized use of Tagsellit computer systems is a violation of the Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. FEES AND REFUNDS
There are no fees to use, list your sale event or item(s) on Tag Sell It. If you are a professional in the Second Hand Industry (Flea Market Director, Estate Sale Professional, Consignment or Pawn Shop Owner) you may list your business in one of our professional service directories for the inclusion fee posted.
Each party posting Content to the Site is responsible for the Content and for complying with the Terms. All fees paid will be non-refundable in the event that Content is removed from therefore violating the Terms or any applicable law.
Refunds at the Users request may be granted after a short review process has been administered by Tag Sell It Inc. There is a $10.00 Refund Processing Fee, automatically subtracted from any refund request granted to any party prior to refund disbursement, this applies to payments made by Check or Credit Card. The Processing Fee covers Tag Sell It Inc.'s processing expenses.
For more information on our Refund Policy, click here
11. LIMITATIONS ON SERVICE
You understand and agree that Tagsellit may establish limits concerning use of the Service, including the maximum number of days that Content will be retained, the maximum number and size of postings, restrictions on email messages, or other restrictions on the transmission or storage of Content, and the frequency with which you may access the Service. You agree that Tagsellit has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Tagsellit reserves the right at any time to modify or discontinue the Service (or any part thereof), with or without notice, and that Tagsellit 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
Tagsellit grants you a limited, revocable, non-exclusive 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 TagSellIt.
A limited exception to subparagraph (b) above 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.
Tagsellit permits you to display on your website, or create a hyperlink on your website to, individual postings on the Site, 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 Tagsellit to do so. You may also create a hyperlink to the home page of TagSellIt, so long as the link does not portray Tagsellit, its employees, or its affiliates in a false, misleading, derogatory, or offensive manner.
Tagsellit 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. Tagsellit 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 TagSellIt as the source, (d) your use or display does not suggest that Tagsellit 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 Tagsellit 's systems. Tagsellit 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 Tagsellit immediately terminates your 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 Site for other purposes (including commercial purposes) not specifically permitted herein, you must first obtain a license from Tagsellit.
13. TERMINATION OF SERVICE
You agree that Tagsellit, 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 the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Tagsellit believes, in its sole discretion, that you have violated the Terms. You also agree that Tagsellit shall not be liable to you or any third-party for any termination of your access to the Service, and you agree not to attempt to use the Service after termination. Sections 2, 4, 6 and 12-18 shall survive termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Site 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 Tagsellit. You agree not to reproduce, duplicate or copy Content from the Site without the express written consent of Tagsellit, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. 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 TagSellIt does not claim ownership of content that its users post, by posting Content to any public area of the Site, you automatically grant, and you represent and warrant, that you have the right to grant to TagSellIt an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Site, you automatically grant Tagsellit all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE 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, TAGSELLIT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW. TAGSELLIT DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ONTHE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TAGSELLIT DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 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. If you rely on the representations or warranties of any third persons with respect to the Service (including, without limitation, those made by other users of the Service), your sole remedy for such reliance is against the third person making such representation or warranty.
16. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL TAG SELL IT, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESORS AND ASSIGNS AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, AND LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE THE SERVICE; (ii) YOUR MISUSE OF THE SERVICE; (iii) NONPERFORMANCE OR A FAILURE OF THE SERVICE CAUSED BY ACTS OR OMISSIONS OF ANY THIRD PARTY, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF TAGSELLIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAGSELLIT ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE AND SERVICE (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOUSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE AND THE SERVICE.
IN NO EVENT SHALL TAG SELL IT, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND AGENTS BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICE.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, TAGSELLIT SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND TAGSELLIT AGREE THAT IN NO EVENT SHALL TAGSELLIT'S LIABILITY TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY.
YOU AND TAGSELLIT AGREE THAT THIS SECTION 16 OF THE TERMS, "LIMITATION OF LIABILITY", IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND TAGSELLIT. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, TAGSELLIT WOULD NOT PROVIDE THE SITE OR SERVICE TO YOU.
YOU AGREE THAT TAGSELLIT IS SIMPLY A HOSTING SERVICE AND THAT TAGSELLIT IS NOT RESPONSIBLE FOR USER TRADEMARK VIOLATIONS.
THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Tagsellit, its officers, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including attorneys' 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.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TAG SELL IT, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICE OR (B) YOUR PROMISES, CERTIFICATIONS, OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES.
18. GOVERNING LAW
The Terms constitute the entire agreement between you and Tagsellit and govern your use of the Service, superseding any prior agreements between you and Tagsellit. The Terms and the relationship between you and Tagsellit shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you hereby waive, and agree not to assert, as a defense in any action, suit or proceeding for the interpretation or enforcement hereof, that it is not subject thereto or that such action, suit or proceeding may not be brought or is not maintainable in such courts or that the venue thereof may not be appropriate or that this agreement may not be enforced in or by such courts, and you and we irrevocably agree that all claims with respect to such action or proceeding shall be heard and determined in such a New York State or Federal court. The parties hereby consent to and grant any such court jurisdiction over the person of such parties and over the subject matter of any such dispute and agree that mailing of process or other papers in connection with any such action or proceeding in the manner provided in this Section 18, or in such other manner as may be permitted by applicable Law, shall be valid and sufficient service thereof.
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:
If Tagsellit has not taken action with respect to a breach by you or others, such inaction shall not constitute a waiver of our right to take action with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Tagsellit to pursue legal action to enforce the Terms, you will be liable to pay Tagsellit the following amounts as liquidated damages, which you accept as reasonable estimates of TagSellIt's damages for the specified breaches of the Terms:
a. if you post a message
that Impersonates any person or entity; Falsely states or otherwise misrepresents your affiliation with a person or entity; or
Includes personal or identifying information about another person, without that person's explicit consent, you agree to pay Tagsellit one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
b. If TagSellIt 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 TagSellIt one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Tagsellit in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Tagsellit email addresses or through Tagsellit computer systems, you agree to pay Tagsellit twenty dollars ($20) for such email.
d. If you post Content in violation of the Terms, other than as described above, you agree to pay Tagsellit one hundred dollars ($100) for each
such posting. In its sole discretion, Tagsellit 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 Tagsellit one hundred dollars ($100) for each and every posting 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 Tagsellit an additional one hundred dollars ($100) for each posting 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 the Terms without TagSellIt 's express written permission, you agree to pay Tagsellit two thousand dollars ($2,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Tagsellit's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding anything herein to the contrary, Tagsellit retains the right to seek specific performance or a preliminary or permanent injunction against any breach of the Terms or in aid of the exercise of any power granted in the Terms, or any combination thereof.
The failure of Tagsellit 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.
You agree that if any ambiguity exists with respect to any provision of the Terms, such provision shall not be construed against Tagsellit solely because Tagsellit or its representatives were the drafters of such provision.
Except as otherwise provided in the Terms, notices and other communications under the Terms shall be in writing and shall be delivered, mailed by first-class mail, postage pre-paid or sent by facsimile or electronic mail, addressed, (a) if to you, at the address or email as kept in our files or at such other address as you shall have furnished to us in writing, or, (b) if to us, at the address, fax number, or email address listed on the Site. Your notice must specify your name, address and daytime telephone number. Each such notice, request or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as indicated above, (ii) if sent by facsimile, when sent and receipt is telephonically confirmed or (iii) if given by any other means (including, without limitation, by air courier), when delivered.
We welcome your questions and comments on this document by emailing us at: [email protected]