1. Acceptance of Terms
If you do not agree to these terms, you are not authorized to use the Services.
LogoPogo may change the Terms from time to time, on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes. To the extent an arbitrator or a court determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall apply on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid the Terms being deemed illusory or unenforceable.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site or the Services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.
These terms contain a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of this part of the Terms. See section 5.2.4 .
2. Community Participation
To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with LogoPogo (“Account”). You represent and warrant that all information provided by you to LogoPogo is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis. In the event you change or deactivate your mobile telephone number, you agree to update your account information on LogoPogo within 48 hours to ensure that no messages are sent to the person who acquires your old number.
For additional information on the terms of participating in our online community, please visit the Site.
2.2 Password and Security
As a registered user of the Services, you may receive or establish a user name and a password. You are solely responsible for maintaining the confidentiality and security of your password and Account. You understand and agree that you are individually and fully responsible for all actions and postings made from your Account. Any account you create is not transferrable. You agree to notify LogoPogo immediately if you become aware of any unauthorized use of your Account.
2.4 User Generated Content
LogoPogo does not pre-screen or regularly review all contributed content. However, LogoPogo has the absolute right (though not the obligation) to remove, without notice, any content posted.
By posting any content, you represent and warrant (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the posted content, or (b) such posted content is in the public domain, or (c) your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
You also agree not to post any of the following types of content to the Site: (a) adult content, pornography, explicit sexual images, or nude images; (b) content containing explicit, vulgar, or obscene language; (c) content promoting hate, abuse or destructive actions; (d) content promoting illegal activities; or primarily political, religious, psychic, or metaphysical content; (e) content promoting pirated software; (f) content intending for phishing or spreading malware; (g) content that is disparaging of any person or entity; (h) content that is in violation of any law or regulation; or (i) any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by us.
2.5 License to LogoPogo
By posting or contributing content to the Services, or by providing any feedback, suggestions, ideas, and other submissions to LogoPogo, you grant LogoPogo a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of LogoPogo's license rights to others. You further waive any and all moral rights in and to such content in favor of LogoPogo. For greater certainty, this means that, among other things, LogoPogo has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
2.6 Acts Against the Services
LogoPogo hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Services as provided by LogoPogo solely for your personal use and enjoyment in the manner permitted by the Terms. You shall not attempt or engage in potentially harmful acts directed against the Services including, without limitation, any one or more of the following:
(a) Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
(b) causing, allowing, or assisting any other person to impersonate you;
(c) sharing your password or login with any other person;
(d) logging onto a server or Account you are not authorized to access;
(e) creating more than one Account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
(f) emulating or faking usage of the Services;
(g) violating or attempting to violate any security features of the Services;
(h) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site;
(i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
(j) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Services;
(k) causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of LogoPogo;
(l) tampering with the operation, functionality, or the security of the Services;
(m) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected;
(n) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
(o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
(p) harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means;
(q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
(r) engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Services; (s)
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(u) deep-linking to any portion of this Services without our express written permission;
(v) acting illegally or maliciously against the business interests or reputation of LogoPogo or the Merchants promoted via the Services;
(w) hyperlinking to the Services from any other website without our initial and ongoing consent;
(x) using the Services or any of its content to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with LogoPogo;
(y) reselling or repurposing your access to the Services or any purchases made through the Services;
or (z) using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of LogoPogo to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with LogoPogo, including without limitation, aggregating current or previously offered coupons or deals.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.
2.7 Parental Notice
Pursuant to 47 U.S.C. section 230(d), as amended, LogoPogo hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors.
3.1 Information Accuracy
LogoPogo makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc., posted via the Services or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc., posted via the Services. LogoPogo is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted via the Services. LogoPogo is not responsible for the change of information at third party sites or stores including, but not limited to, rebate information, pricing, availability or fitness for use. You understand that LogoPogo does not and cannot review all material made available through websites linked or linking to any part of the Services. LogoPogo does not warrant that the Services, or any functions contained in LogoPogo content available via the Services, will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL LOGOPOGO OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE), ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER LOGOPOGO HAD ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
3.3 Trademark Information
You agree that all of LogoPogo’s trademarks, trade names, service marks, and other logos and brand features (including, without limitation, “LogoPogo”) displayed via the Services (collectively, “Marks”) are trademarks and the property of LogoPogo. You agree not to display or use LogoPogo’s Marks in any manner without LogoPogo’s prior permission. Merchant trademarks are the property of the respective Merchant. The display of a Merchant trademark via the Services does not necessarily mean that LogoPogo has an affiliation with the Merchant.
3.4 Intellectual Property Ownership
All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to LogoPogo or its licensors, and you have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of LogoPogo or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (“Works”) are the property of LogoPogo, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and LogoPogo owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause LogoPogo and its licensors irreparable injury, which may not be remedied at law, and you agree that LogoPogo and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
3.5 Digital Millennium Copyright Act Policy
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
We expect all users of any part of the Services will comply with applicable copyright laws. If LogoPogo receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the user Account, regardless of whether we may be liable for such infringement under applicable law.
If we remove or disable access to the Services in response to such a notice, we will make a good faith attempt to contact the owner or administrator of the affected site or content to allow a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
LogoPogo’s Designated Agent to receive notification of alleged infringement under the DMCA is:
Attn: Legal Department
Upon receipt of proper notification of claimed infringement, LogoPogo will follow the procedures outlined herein and in the DMCA.
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 provide LogoPogo’s Designated Agent the following information in a written communication (sent via email):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and to be removed or access to which is to be disabled, and information reasonably sufficient to permit LogoPogo to locate the material on the Site;
- Information reasonably sufficient to permit LogoPogo to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;”
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;” and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorney fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide LogoPogo’s Designated Agent the following information in a written communication (sent via email):
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located];”
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent;”
- Your signature, in physical or electronic form.
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and
Upon receipt of such counter notification, LogoPogo will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that LogoPogo will replace the removed material or cease disabling access to it in 10 business days. LogoPogo will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with section 512(i)(1)(a) of the DMCA, LogoPogo will, in appropriate circumstances and in its discretion, disable and/or terminate the accounts of users who are repeat infringers.
3.6 About Advertisements and Other Commercial Content
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree and give us permission to use your name, picture, content, and information in connection with commercial, sponsored, or related content (such as a Merchant you click on the MetroBoard) served or enhanced by us. For example, this means you permit us, a Merchant, or other third party to pay us to display your name, picture, content, and/or information, without any compensation to you.
4. Disclaimer, Release, & Limitation of Liability
LOGOPOGO PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOGOPOGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOGOPOGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOGOPOGO DOES NOT WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAIL SENT FROM LOGOPOGO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE LOGOPOGO FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT, ANY ACTION OR INACTION BY MERCHANT, INCLUDING MERCHANT'S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY RGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “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.”
4.3 Limitation of Liability
LOGOPOGO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICES, INCLUDING, BUT NOT LIMITED, TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
5. Dispute Resolution
- The laws of the state where you use the Services govern the Terms for your use of the Services and the Site, as well as any dispute, claim, or controversy (“claim”) that may arise between you and us, without regard to conflict of law provisions. Our goal is to resolve claims fairly and quickly. Accordingly, for any claim that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim (“Notice”). The Notice should be sent by email addressed to: [email] Legal Department. The Notice must (1) include your name, residence address, and the email address and/or mobile telephone number associated with your account; (2) describe the nature and the basis of the claim; and (3) set forth the specific relief sought. If you and we cannot reach an agreement to resolve the claim within 30 days after we receive such Notice, then either party may, as appropriate in accordance with this section, commence an arbitration proceeding. You agree to file any claim you may have against us within one year after such claim arose; otherwise, your claim is barred permanently.
- Arbitration. If you are a resident of or have your principal place of business in the U.S., you and LogoPogo agree to resolve through final and binding arbitration any claim between you and LogoPogo, including its affiliates, officers, directors, employees and agents and its affiliates’ officers, directors, employees and agents (whether or not such dispute also involves a third party), regarding any aspect of your relationship with us, including the Terms, and other terms and/or policies incorporated by reference, your use of LogoPogo, the Services, your rights of privacy and/or publicity, or any contacts you may have with LogoPogo, directly or indirectly, for any reason (“Dispute”).
- If you cannot resolve a Dispute with us informally pursuant to section 5.1, then you and LogoPogo agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules, except that we will reimburse you for all AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes unless the arbitrator determines that a claim or counterclaim was filed for purposes of harassment or is patently frivolous. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules.
- The Federal Arbitration Act governs the arbitrability of all Disputes between you and LogoPogo. The arbitrator will decide whether the Dispute can be arbitrated.
- >You and LogoPogo agree that each may file Disputes against the other only on your or our own behalf, and not on behalf of any government official or other person, or any class of people. You and LogoPogo agree not to participate in a class action, a class-wide arbitration, claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if LogoPogo is a party to the proceeding. You and LogoPogo agree not to combine a claim subject to arbitration under the Terms with a claim not eligible for arbitration under the Terms. You and LogoPogo agree to waive the right to a trial by jury for all Disputes.
- You may opt out of this agreement to arbitrate. If you do so, neither you nor LogoPogo can require the other to participate in an arbitration proceeding. To opt out, you must notify us by email within 30 days of the date that you first became subject to this arbitration agreement. In order to opt out you must send an email to [email], and you must include (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of the arbitration agreement in the Terms.
- If the prohibition against class actions and other claims brought on behalf of third parties contained in section 5.2.3 is found to be unenforceable, then all of section 5.2 will be null and void as to that Dispute.
- This arbitration agreement will survive the termination of your relationship with LogoPogo.
- If you opt out of the arbitration agreement, if a court finds the arbitration agreement to be unenforceable, or if you neither are a resident of, nor have a principal place of business in, the U.S., you agree to resolve any claim you have with us exclusively in a state or federal court located in Las Vegas, Nevada, and to submit to the personal jurisdiction of the courts located in Las Vegas, Nevada, for purpose of litigating all such disputes.
You acknowledge and agree to defend, indemnify and hold harmless LogoPogo, its affiliates, officers, employees and agents, including for costs and attorney fees, from any claim or demand made by any third party due to or arising out of your use of the Services, your violation of the Terms, the infringement by you or made under your Account, of any intellectual property or other right of any person or entity, or arising out of, or related to, any products or services purchased by you in connection with the Services. Even if you agree to defend LogoPogo, LogoPogo shall maintain control of the defense of the claim or demand, including choosing counsel and strategy.
6.2 Termination of Service
LogoPogo disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. LogoPogo reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.
6.3 Miscellaneous>These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, LogoPogo may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein. If a court of competent jurisdiction or an arbitrator finds any provision of the Terms to be illegal, void, or unenforceable, the unenforceable provision will be modified to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. If a court or an arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms will not be affected in any way.
6.4 Injunctive Relief
You acknowledge and agree that any violation or breach of the Terms may cause LogoPogo immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and LogoPogo reserves the right, in its discretion, to seek and obtain preliminary injunctive relief immediately (including, without limitation, temporary restraining orders), and seek and obtain permanent injunctive relief regarding any violation or breach of the Terms. In addition to any and all other remedies available to LogoPogo in law or in equity, LogoPogo may seek specific performance of any term in the Terms, including but not limited to by preliminary or permanent injunction.
6.5 Damages For Violations Of Section 2.6(d)-(z)
In addition to any injunctive relief discussed above, if you are involved, or cause others to be involved, in behavior that violates section 2.6(d)-(z) above, you agree to pay to LogoPogo the total amount of all actual damages (including, but not limited to, direct, indirect, consequential and incidental damages) caused by such a violation of the Terms for which you bear responsibility. Further, you acknowledge, for violations of section 2.6(d)-(z), actual damages would be extremely difficult or impossible to quantify. Accordingly, for violating section 2.6(d)-(z), you agree to pay liquidated damages to LogoPogo as described in the schedule set forth in section 6.6 below.
Furthermore, you agree that the amounts of liquidated damages described in section 6.6 below are reasonable estimates of LogoPogo’s damages for violations of section 2.6(d)-(z).
You further agree, to the greatest extent permitted by applicable law, every remedy described by the Terms, including the liquated damages set forth in sections 6.5 and 6.6, shall be cumulative and in addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by statute or otherwise.
6.6 Liquidated Damages Schedule For Violations Of Section 2.6(d)-(z)
For purposes of this schedule of liquidated damages, “Item of Content” means each and every offer, coupon, rebate, deal, discount, etc., of any type featured on the LogoPogo website by LogoPogo or any user (or any other third party in any manner). Each single coupon, rebate, deal, discount, etc., featured on the LogoPogo website is a single Item of Content. Each Item of Content is an individual, discrete Item of Content, even if it contains the same or substantially similar content as one or more other Items of Content.
For purposes of this schedule of liquidated damages, “Instance of Unauthorized Conduct,” or “Act” means each individual time LogoPogo’s servers are accessed in connection with, or in facilitation of, a violation of section 2.6(d)-(z). With respect to the Instances of Unauthorized Conduct enumerated below, each day LogoPogo’s servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.
For each violation of section 2.6(d)-(z), you agree to pay liquidated damages to LogoPogo in the amount specified below. You further acknowledge and agree the imposition of liquidated damages for each such violation is independent and distinct, and the assessment of total liquidated damages for multiple violations is cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
A. $50 Per Item of Content Copied in Violation of Section 2.6 in Violation of Section 2.6(h) or (k)
You agree to pay $50 per violation for each Item of Content accessed or obtained via LogoPogo (1) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site of LogoPogo, or (2) by causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of LogoPogo.
B. $100 Per Instance of Unauthorized Conduct in Violation of Section 2.6(d)-(e)
You agree to pay $100 per violation for each (1) Act of logging onto a server or Account(s) that you are not authorized to access, or (2) Act of creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity as set forth in section 2.6(d)-(e).
C. $1,000 Per Instance of Unauthorized Conduct in Violation of Section 2.6(f)-(g)
You agree to pay $1,000 per violation for each (1) Act of emulating or faking usage of the Services, or (2) Act of violating or attempting to violate any security features of the Services as set forth in section 2.6(f)-(g).
D. $10,000 Per Instance of Unauthorized Conduct in Violation of Section 2.6(h)-(z)
Certain technology can be misused to facilitate harm to LogoPogo, its users, and/or its affiliates on a massive scale.
You agree to pay $10,000 for each: (1) Act of using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; (2) Act of introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; (3) Act of interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services; (4) Act of causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of LogoPogo; (5) Act of tampering with the operation, functionality, or the security of the Services; (6) Act of attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected; (7) Act of attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures; (8) Act of misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services; (9) Act of harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means; (10) Act of reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services; (11) Act of engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; (12) Act of forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (13) Act of deep-linking to any portion of this Services without our express written permission; (14) Act of acting illegally or maliciously against the business interests or reputation of LogoPogo or the Merchants promoted via the Services; (15) Act of hyperlinking to the Services from any other website without our initial and ongoing consent; (16) Act of using the Services or any of its content to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly, with LogoPogo; (17) Act of reselling or repurposing your access to the Services or any purchases made through the Services; or (18) Act of using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of LogoPogo, to become users or partners of other online or offline services that compete or potentially compete, directly or indirectly, with LogoPogo, including, without limitation, aggregating current or previously offered coupons or deals as set forth in section 2.6 (f)-(z).