Basically
we offer services on the World Wide Web while we focus on the local community.
Most of the services are free but without warranty. In some cases(not
all) we will require that requests are submitted physically at the Bagel Boss
Hicksville location to publish on TheOriginalBagelBoss.com website. This will
make parts of the website unique and hopefully of value to all those involved.
THEORIGINALBAGELBOSS
TERMS AND CONDITIONS
1.
ACCEPTANCE OF TERMS
TheOriginalBagelBoss
provides a collection of online resources, including classified ads, forums,
and various email and private messaging services, (referred to hereafter as
"the Service") subject to the following Terms and Conditions ("TAC").
By using the Service in any way, you are agreeing to comply with the TAC. In
addition, when using particular TheOriginalBagelBoss services, you agree to
abide by any applicable posted guidelines for all TheOriginalBagelBoss
services, which may change from time to time.
Should
you object to any term or condition of the TAC, any guidelines, or any
subsequent modifications thereto or become dissatisfied with TheOriginalBagelBoss
in any way, your only recourse is to immediately discontinue use of TheOriginalBagelBoss.
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 TAC at:
http://TheOriginalBagelBoss.com/content/view/23/40/
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 TheOriginalBagelBoss
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 TheOriginalBagelBoss site and Content available through the
Service may contain links to other websites, which are completely independent
of TheOriginalBagelBoss. TheOriginalBagelBoss 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 TheOriginalBagelBoss 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 TheOriginalBagelBoss
does not pre-screen or approve Content, but that TheOriginalBagelBoss 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 TAC or for any other reason.
4.
THIRD PARTY CONTENT, SITES, AND SERVICES
The
TheOriginalBagelBoss 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 TheOriginalBagelBoss, 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 TheOriginalBagelBoss 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 TheOriginalBagelBoss is under no obligation to become
involved. In the event that you have a dispute with one or more other users,
you hereby release TheOriginalBagelBoss, 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 TheOriginalBagelBoss's agent for notice of claims of copyright
or other intellectual property infringement ("Agent"), at
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Or:
Copyright
Agent
TheOriginalBagelBoss.com
432
So. Oyster Bay Rd.
Hicksville,
NY 11801
Please
provide our Agent with the following Notice:
a) Identify the
material on the TheOriginalBagelBoss 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.
TheOriginalBagelBoss
will remove the infringing posting(s), subject to the procedures outlined in
the Digital Millennium Copyright Act (DMCA).
6.
PRIVACY AND INFORMATION DISCLOSURE
TheOriginalBagelBoss
has established a Privacy Policy to explain to users how their information is
collected and used, which is located at the following web address: http://www.TheOriginalBagelBoss.com/about/privacy.policy.html
Your
use of the TheOriginalBagelBoss website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further acknowledge
and agree that TheOriginalBagelBoss 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 TAC; 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 TheOriginalBagelBoss, 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
TheOriginalBagelBoss
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, misinformative, 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 TheOriginalBagelBoss sites which are not designated for such purposes;
or emailed to TheOriginalBagelBoss users who have not indicated in writing that
it is ok to contact them about other services, products or commercial
interests.
m)
That includes links to commercial services or web sites, except as allowed in
"services";
n)
That advertises any illegal service or the sale of any items the sale of which
is prohibited or restricted by any applicable law, including without limitation
items the sale of which is prohibited or regulated by California law. A partial
list of prohibited items for sale and prohibited services offered is provided
at the following web address for your convenience: http://www.TheOriginalBagelBoss.com/about/prohibited.items.html
o)
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an
excessive amount of
Content
(flooding attack) to the Service, or that otherwise negatively affects other
users' ability to use the Service; or
q) that employs misleading email addresses, or forged
headers or otherwise manipulated identifiers in order to disguise the origin of
Content transmitted through the Service.
Additionally,
you agree not to:
r) contact anyone who has asked not to be contacted;
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 TheOriginalBagelBoss;
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;
w) post the same item or service in more than one
classified category or
forum, or in more than one
metropolitan area;
x)
attempt to gain unauthorized access to TheOriginalBagelBoss'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 TheOriginalBagelBoss
website; or
y) use any form of automated device or computer program
that enables the
submission of
postings on TheOriginalBagelBoss 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" is a third-party agent, service, or intermediary that
offers to post Content to the Service on behalf of others. To moderate demands
on TheOriginalBagelBoss's resources, you may not use a Posting
Agent to post Content to the Service without express
permission or license from TheOriginalBagelBoss. 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 TheOriginalBagelBoss.
9.
NO SPAM POLICY
You
understand and agree that sending unsolicited email advertisements to
TheOriginalBagelBoss
email addresses or through TheOriginalBagelBoss computer systems is expressly
prohibited by these TAC.
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 TAC. All fees paid will be non-refundable in the event that
Content is removed from the Service for violating the TAC.
11.
LIMITATIONS ON SERVICE
You
acknowledge that TheOriginalBagelBoss 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 TheOriginalBagelBoss has
no responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that TheOriginalBagelBoss
reserves the right at any time to modify or discontinue the Service (or any
part thereof) with or without notice and that TheOriginalBagelBoss 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
TheOriginalBagelBoss
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 TheOriginalBagelBoss.
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.
TheOriginalBagelBoss
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 TAC,
absent express permission granted by TheOriginalBagelBoss to do so. You may also create a hyperlink to the home
page of TheOriginalBagelBoss sites so long as the link does not portray TheOriginalBagelBoss,
its employees, or its affiliates in a false, misleading, derogatory, or
otherwise offensive manner.
TheOriginalBagelBoss
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. TheOriginalBagelBoss
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 'TheOriginalBagelBoss' as the source, (d) your use or display
does not suggest that TheOriginalBagelBoss 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 TheOriginalBagelBoss's
systems. TheOriginalBagelBoss 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
TheOriginalBagelBoss
immediately terminates said permission or license. In order to collect, aggregate, copy,
duplicate, display or make derivative use of the Service or any Content made
available via the Service for other purposes (including commercial purposes)
not stated herein, you must first obtain a license from TheOriginalBagelBoss.
13.
TERMINATION OF SERVICE
You
agree that TheOriginalBagelBoss, 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 TheOriginalBagelBoss
believes that you have acted inconsistently with the letter or spirit of the TAC.
Further, you agree that TheOriginalBagelBoss 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 TAC.
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 TheOriginalBagelBoss. You further agree
not to reproduce, duplicate or copy Content from the Service without the express written consent of TheOriginalBagelBoss, 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. THEORIGINALBAGELBOSS
is a registered mark in the U.S. Patent and Trademark Office.
Although
TheOriginalBagelBoss 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 TheOriginalBagelBoss
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 TheOriginalBagelBoss
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 THEORIGINALBAGELBOSS SITE AND THE SERVICE IS ENTIRELY AT YOUR
OWN RISK. THE THEORIGINALBAGELBOSS 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, THEORIGINALBAGELBOSS
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY,
AND PERFORMANCE OF THE THEORIGINALBAGELBOSS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THEORIGINALBAGELBOSS
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE THEORIGINALBAGELBOSS SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON THE THEORIGINALBAGELBOSS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THEORIGINALBAGELBOSS
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION
WITH THE THEORIGINALBAGELBOSS 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 THEORIGINALBAGELBOSS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THEORIGINALBAGELBOSS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF
YOUR USE OF THE THEORIGINALBAGELBOSS SITE OR THE SERVICE, WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF THE THEORIGINALBAGELBOSS SITE OR THE SERVICE, FROM INABILITY
TO USE THE THEORIGINALBAGELBOSS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE THEORIGINALBAGELBOSS 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 THEORIGINALBAGELBOSS SITE OR THE SERVICE OR ANY LINKS ON
THE THEORIGINALBAGELBOSS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THEORIGINALBAGELBOSS SITE
OR THE SERVICE OR ANY LINKS ON THE THEORIGINALBAGELBOSS 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 TheOriginalBagelBoss, 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 TAC, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
18.
GENERAL INFORMATION
The
TAC constitute the entire agreement between you and TheOriginalBagelBoss and govern your use of the Service, superseding any prior
agreements between you and TheOriginalBagelBoss. The TAC and the relationship
between you and TheOriginalBagelBoss shall be governed by the laws of the State
of California without regard to its conflict of law provisions. You and TheOriginalBagelBoss
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of San Francisco, California. The failure of TheOriginalBagelBoss
to exercise or enforce any right or provision of the TAC shall not constitute a
waiver of such right or provision. If any provision of the TAC 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 TAC 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
TAC 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 TAC, by flagging the posting(s) for review, or by
emailing to:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
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 TheOriginalBagelBoss to pursue legal action to enforce
the TAC, you will be liable to pay TheOriginalBagelBoss the following amounts
as liquidated damages, which you accept as reasonable estimates of TheOriginalBagelBoss'
damages for the specified breaches of the TAC:
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 TheOriginalBagelBoss
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 TheOriginalBagelBoss 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 TheOriginalBagelBoss one hundred dollars ($100) for each message posted in
excess of such limits or for each day on which you access TheOriginalBagelBoss
in excess of such limits, whichever is higher.
c.
If you send unsolicited email advertisements to TheOriginalBagelBoss email addresses
or through TheOriginalBagelBoss computer systems, you agree to pay TheOriginalBagelBoss
twenty five dollars ($25) for each such email.
d.
If you post Content in violation of the TAC, other than as described above, you
agree to pay TheOriginalBagelBoss one hundred dollars ($100) for each Item of
Content posted. In its sole discretion, TheOriginalBagelBoss
may elect to issue a warning before assessing damages.
e.
If you are a Posting Agent that uses the Service in violation of the
TAC,
in addition to any liquidated damages under clause (d), you agree to pay TheOriginalBagelBoss
one hundred dollars ($100) for each and every Item of Content posted in
violation of the TAC. 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 TAC)
agrees to pay TheOriginalBagelBoss an additional one hundred dollars ($100) for
each Item of Content posted by the Posting Agent on behalf of the principal in
violation of the TAC.
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 TAC
without TheOriginalBagelBoss's express written permission, you agree to pay TheOriginalBagelBoss
three thousand dollars ($3,000) for each day on which you engage in such
conduct.
Otherwise,
you agree to pay TheOriginalBagelBoss's actual damages, to the extent such actual
damages can be reasonably calculated. Notwithstanding any other provision of
the TAC, TheOriginalBagelBoss retains the right to seek the remedy of specific
performance of any term contained in the TAC, 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 TAC, or any combination thereof.
20.
FEEDBACK
We
welcome your questions and comments on this document in the TheOriginalBagelBoss
feedback forum: http://forums.TheOriginalBagelBoss.com