1. ACCEPTANCE OF TERMS
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 EOXITY 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 EOXITY site and Content available through the Service may contain links to other websites, which are completely independent of EOXITY. EOXITY 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 web sites 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 EOXITY 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 EOXITY does not pre-screen or approve Content, but that EOXITY 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 TOU or for any other reason. EOXITY makes no warranties or representations about Content on or services procured via any EOXITY website.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The EOXITY 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 EOXITY, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You agree that EOXITY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with third parties. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that EOXITY is under no obligation to become involved.
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 EOXITY’s agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at email@example.com.
Please provide our Agent with the following Notice:
(a) Identify the material on the EOXITY site that you claim is infringing, with enough detail so that we may locate it on the web site;
(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. EOXITY will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
You acknowledge and agree that EOXITY 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 TOU; 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 EOXITY , its users or the general public. For more information, please see eoxity.com/privacy.
You agree not to post or otherwise make available Content:
(a) That is pornographic in nature.
(b) not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact with or interoperate with the Service.
(c) that violates federal, state, or local laws, including but not limited to, equal opportunity employment laws and fair housing laws.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to EOXITY email addresses or through EOXITY computer systems, which is expressly prohibited by these TOU, will use or cause to be used servers located in Massachusetts. Any unauthorized use of EOXITY computer systems is a violation of these TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C., § 1030 et seq.), the Massachusetts Penal Code. Such violations may subject the sender and his or her agents to civil and criminal penalties. Robots, spiders, scripts, scrapers, crawlers, etc., are prohibited, as are misleading, unsolicited, unlawful postings and email.
9. 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 TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
10. LIMITATIONS ON SERVICE
You acknowledge that EOXITY 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 EOXITY has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that EOXITY reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that EOXITY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that we may moderate the Service in our sole discretion. You agree not to bypass said moderation and that we are not liable for moderating, not moderating or representations as to moderating.
11. ACCESS TO THE SERVICE
EOXITY 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 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 EOXITY. 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. Use of the Service beyond the scope of authorized access granted to you by EOXITY immediately terminates said permission or license.
12. TERMINATION OF SERVICE
You agree that EOXITY, 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 EOXITY believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that EOXITY 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 TOU.
13. 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 EOXITY. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of EOXITY, 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. EOXITY is a registered mark in the U.S. Patent and Trademark Office. Although EOXITY 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 EOXITY 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 EOXITY 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.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE EOXITY SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE EOXITY 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, EOXITY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE EOXITY SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, EOXITY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EOXITY SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE EOXITY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, EOXITY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE EOXITY 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.
15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EOXITY, its Officers, Directors, agents, employees, assigns or successors BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EOXITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE EOXITY SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE EOXITY SITE OR THE SERVICE, FROMINABILITY TO USE THE EOXITY SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE EOXITY 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 EOXITY SITE OR THE SERVICE OR ANY LINKS ON THE EOXITY SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE EOXITY SITE OR THE SERVICE OR ANY LINKS ON THE EOXITY 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.
You agree to indemnify and hold EOXITY, its officers, subsidiaries, affiliates, successors, assigns, directors, 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 TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
17. CHOICE OF LAW
The TOU shall be governed by the internal substantive laws of the Commonwealth of Massachusetts. Any claim or dispute between you and EOXITY that arises in whole or in part from EOXITY shall be decided exclusively by a court of competent jurisdiction located in Massachusetts.
18. CHOICE OF FORUM
Users of the Service submit solely and exclusively to the jurisdiction and venue of the Circuit Court for the County of Worcester, State of Massachusetts. Or, if original jurisdiction can be established, the United States District Court for the Worcester District of Massachusetts with respect to any action arising, directly or indirectly, out of use of the Service. The parties stipulate that the venues referenced in this Agreement are convenient.
These TOU constitute the entire understanding between EOXITY and users of the Service and supersedes any outside discussions, negotiations, agreements, and understandings.
20. GENERAL TERMS
YOU AND EOXITY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO EOXITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You are legally able to accept these TOU of Use. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOU of Service, and to abide by and comply with these TOU of Use.
21. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: firstname.lastname@example.org. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for EOXITY to pursue legal action to enforce these TOU, you will be liable to pay EOXITY the following amounts as liquidated damages, which you accept as reasonable estimates of EOXITY s' damages for the specified breaches of these TOU:
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 EOXITY one thousand dollars ($1,000) for each such message.
b. If EOXITY 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 EOXITY one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access EOXITY in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to EOXITY email addresses or through EOXITY computer systems, you agree to pay EOXITY twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay EOXITY one hundred dollars ($100) for each Item of Content posted. In its sole discretion, EOXITY may elect to issue a warning before assessing damages.
e. If you are an agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay EOXITY one hundred dollars ($100) for each and every Item you post in violation of the TOU. An agent will also be deemed an agent of the party engaging the agent to access the Service (the "Principal"), and the Principal (by engaging the agent in violation of the TOU) agrees to pay EOXITY an additional one hundred dollars ($100) for each Item posted by the agent on behalf of the Principal in violation of the TOU.
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 TOU without EOXITY 's express written permission, you agree to pay EOXITY three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay EOXITY’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these TOU, EOXITY retains the right to seek the remedy of specific performance of any term contained in these TOU, 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 TOU, or any combination thereof.
22. ELECTRONIC TRANSACTIONS WITH STRIPE