LICENSE. If you are 18 or older and a verified resident or homeowner of the Dana Shores or Pelican Island community, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access DS in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from DS, excluding content you create and share with other Dana Shores/Pelican Island residents. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
USE. You agree 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 or interoperate with DS, e.g., for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).
MODERATION. You agree we may moderate DS access and use in our sole discretion, e.g., by blocking (e.g., IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules, e.g., danashores.com/prohibited, are incorporated herein.
SALES. You authorize us to charge your account for DS fees. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to DS, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and DS is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g., illegal conduct; (c) your DS use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, VOLUNTEERS, COMMUNITY REPRESENTATIVES, EMPLOYEES (“DS ENTITIES”), DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) DS ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST TWELVE MONTHS.
CLAIMS. You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your DS use is governed by Florida (“FL”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Tampa, FL (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed within 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against DS Entities; (6) (except government agencies) to indemnify DS Entities for any damage, loss, and expense (e.g., legal fees) arising from claims related to your DS use; (7) you are liable for TOU breaches by affiliates (e.g., marketers) paid by you, directly or indirectly (e.g., through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1,000 per software distribution, capped at $25,000 per day.
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