To Post & Find Events Nearby

SAMMYSAYS Terms of Use

Last Updated: April 23, 2012

1. GENERAL

SammySays, Inc. ("SS") provides services through its websites, programs and computer servers, including but not limited to public and private event posting, event browsing, promotion, and comments/forums. (All such services are referred to collectively herein as "sammysays.") By accessing or using sammysays, you are a "user" and you accept and agree to the terms below (the "Terms of Use" or "TOU") as a legal contract between you and SS. The TOU include and incorporate additional terms ("guidelines") applicable to particular categories or services available on sammysays as set forth to users upon access to such categories or services. SS may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of sammysays.

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of sammysays, in which case any continuing access or use of sammysays is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on sammysays.

sammysays is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

The TOU grant you a limited, revocable, nonexclusive license to access sammysays and use sammysays, in whole or in part, including but not limited to SS intellectual property therein, solely in compliance with the TOU.

"SAMMYSAYS" and "SS" are trademarks of SS and are protected by United States and international laws. The TOU do not authorize you to use "SAMMYSAYS," "SS" or any similar or related marks (including, for example and without limitation, "SammyS’s," "Sammy," "SS’s" and "_______Says") for any use pertaining to event posting, event promotion, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with SS.

2. MODERATION

SS has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via sammysays by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of sammysays) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that SS, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). SS may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. SS action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive SS's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.

You also understand and agree that any action or inaction by SS or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "SS Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither SS nor any SS Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.

Although SS Representatives may moderate content, conduct and TOU compliance on sammysays at SS's discretion, SS Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of SS will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of SS will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any SS Representative (or by anyone else acting on behalf of SS or by anyone purportedly acting on behalf of SS) that SS (including but not limited to any SS Representative, anyone else acting on behalf of SS, or anyone purportedly acting on behalf of SS) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that SS, SS Representatives and anyone else authorized to act on behalf of SS shall in no circumstance be liable as a result of any representation that SS, a SS Representative or anyone else on behalf of SS would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by SS's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

SS also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of sammysays at any time without notice. SS and SS Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

3. CONTENT AND CONDUCT

a. Content

SS does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content and events prohibited from sammysays includes but is not limited to: (1) illegal content; (2) content or events in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content or events that discloses another's personal, confidential or proprietary information (i.e. events a user is not authorized to post); (5) false or fraudulent content and events (including but not limited to false, fraudulent or misleading responses to user ads transmitted via sammysays); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to sammysays would violate these TOU or SS's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on sammysays and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.

You automatically grant and assign to SS, and you represent and warrant that you have the right to grant and assign to SS, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to SS all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

You agree to indemnify and hold SS and SS Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by SS or SS Representatives.

b. Conduct

SS does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to sammysays, and, if you create an account on sammysays, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold SS and SS Representatives harmless from and against any third-party Claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to sammysays or SS, and related to or arising out of any conduct or activities on, through or by use of your sammysays account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by SS or SS Representatives.

4. POSTING AND ACCOUNTS

This section 4 applies to all uses and users of sammysays, unless SS has specifically authorized an exception to a particular term for a particular user in a written agreement. SS has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

a. Postings

sammysays is intended and designed as a local service. A user may post events only to the single specific geographic area offered on sammysays (see http://www.sammysays.com/about/sites) for which that event is most relevant. The same or substantially similar content (for example, an ad for a particular item or service, a particular offer, a particular message or a particular comment) may not be posted to or communicated via more than one such geographic area. Content that is equally relevant to multiple (i.e., more than one) geographic areas should not be posted on sammysays.

The same or substantially similar content or event may not be posted in more than one sammysays category. A user may post content only in the single sammysays category to which it is most relevant, and must not post content to inappropriate categories. For example, content advertising farmer’s market or happy hour must be posted under the "food/drink" category section and may not be posted in any "community" category. Likewise, content advertising baseball game must be posted under the "sporting/games" category section and not under "active/fitnesss" category section. Similarly, events relating to live music must be posted under "live music" category section and may not be posted to within the "stage/art/media" category section.

Where a sammysays category provides specific subcategories for posts by particular types of users, a user may post content only in the single user sub-category most accurate for that user. In particular, no user acting as a subcontracting promoter, agent or fan may post in any "by promoter" category.

Users may not circumvent any technological measure implemented by SS to restrict the manner in which content may be posted on sammysays or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent sammysays accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning." It is expressly prohibited for any third party to post content to sammysays on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to sammysays using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to SS for each instance of access to sammysays (by any user or other third party) using that automated means.

Affiliate marketing is expressly prohibited on sammysays. Users may not post content or communicate with any sammysays user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

b. Accounts

A user may maintain and use no more than one account, including a telephone or phone-verified account ("PVA"), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.

A user may create an account, including a PVA, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited.

A user must only use his/her own account or PVA, and may not use any account or PVA of another. The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited.

A user must create his/her account or PVA personally and manually and may not create accounts or PVAs by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any PVA using his/her own valid telephone number. The creation of a PVA using a telephone number that is not the user's own, a telephonic forwarding service or system, or a temporary/disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or PVA creation process is also expressly prohibited.

c. Flagging

A user shall not "flag" (or otherwise seek removal of) content on sammysays without a personal, good-faith belief that the content violates the TOU. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others.

A user may flag a specific item of content only once.

A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever).

5. UNAUTHORIZED ACCESS AND ACTIVITIES

This section 5 applies to all uses and users of sammysays, unless SS has specifically authorized an exception to a particular term for a particular user in a written agreement. SS has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5. To maintain the integrity and functionality of sammysays for its users, access to sammysays and/or activities related to sammysays that are harmful to, inconsistent with or disruptive of sammysays and/or its users' beneficial use and enjoyment of sammysays are expressly unauthorized and prohibited. For example, without limitation:

The collection of sammysays users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any copying, aggregation, display, distribution, performance or derivative use of sammysays or any content posted on sammysays whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access sammysays without individual written agreements executed with SS that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant sammysays website, service, forum or content; (b) they access sammysays from a stable IP address using an easily identifiable agent; and (c) they comply with SS's robots.txt file; provided however, that SS may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access sammysays without their own written agreement executed with SS), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

Any access to or use of sammysays to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with sammysays (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

If you access sammysays or copy, display, distribute, perform or create derivative works from sammysays webpages or other SS intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on sammysays or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of sammysays webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of SS pursuant to 17 U.S.C. § 1201.

Any effort to decompile, disassemble or reverse engineer all or any part of sammysays in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of sammysays in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of sammysays in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.

6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS

SS and SS Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. You agree to indemnify and hold SS and SS Representatives harmless from and against any third-party Claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by SS or SS Representatives.

7. FEES

SS may charge a fee to post content or for other features, products, services or licenses. You are responsible to SS for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize SS, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by SS or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, SS reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

8. DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON SAMMYSAYS AND CONTENT AND EVENTS ACCESSED THROUGH SAMMYSAYS IS ENTIRELY AT YOUR OWN RISK. SAMMYSAYS (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, EVENT GUARANTEES, EVENT INFORMATION/DETAILS, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, SS ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF SAMMYSAYS AND CONTENT ACCESSED THROUGH SAMMYSAYS; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF SAMMYSAYS OR CONTENT ACCESSED THROUGH SAMMYSAYS; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, EVENT DETAILS AND ASSURANCES, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF SAMMYSAYS OR CONTENT ACCESSED THROUGH SAMMYSAYS (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON SAMMYSAYS OR IN CONTENT). THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disClaimer of implied warranties. In such jurisdictions, some of the foregoing disClaimers as to implied warranties may not apply.

9. LIMITATIONS OF LIABILITY

SS AND THE SS REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON SAMMYSAYS OR CONTENT ACCESSED THROUGH SAMMYSAYS BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO SAMMYSAYS OR CONTENT ACCESSED THROUGH SAMMYSAYS, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF SS OR ANY SS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF SAMMYSAYS OR CONTENT ACCESSED THROUGH SAMMYSAYS; ANY INABILITY TO ACCESS OR USE SAMMYSAYS OR CONTENT ACCESSED THROUGH SAMMYSAYS; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF SAMMYSAYS OR CONTENT ACCESSED THROUGH SAMMYSAYS.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, EVENT DETAILS OR ASSURANCES, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF SAMMYSAYS OR CONTENT ACCESSED THROUGH SAMMYSAYS (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON SAMMYSAYS AND LINKS IN CONTENT ACCESSED THROUGH SAMMYSAYS).

You hereby release SS and each of the SS Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to sammysays or content accessed through sammysays, or any interactions with others arising out of or related to sammysays or content accessed through sammysays, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), 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."

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

10. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please follow the directions for written notice at: Infringement Claims

11. INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of the TOU may cause SS immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, SS has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to SS in law or in equity, SS may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.

12. DAMAGES

In addition to any injunctive relief, you agree to pay to SS the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to SS as described in the following schedule:

Damages Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of SS's damages for such violations, and that liquidated damages for violations of the TOU are and will be cumulative.

13. PRIVACY

SS has established a privacy policy covering the collection, use, and disclosure of user information.

14. MISCELLANEOUS

These TOU constitute the entire agreement between you and SS and supersede any prior written or oral agreement. Other than the SS Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.

Any and all claims, causes of action or disputes (regardless of theory) between you and SS arising out of or related to the TOU, sammysays or content accessed through sammysays shall be governed by the laws of the State of Pennsylvania without regard to conflict or choice of law principles. You and SS agree that any such Claims, causes of action or disputes shall be brought exclusively in courts located within the county of Philadelphia, Pennsylvania, and you and SS agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.

15. FEEDBACK

Comments on these TOU are welcome in the SS feedback forum


NOTIFICATION OF CLAIMS OF INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify sammysays' agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:

help@sammysays.com

or:

Copyright Agent


  • SammySays
  • POB 11710
  • Philadelphia, PA 19101

Please provide our Agent with the following Notice, which shall include each of the following:

a) Identification of the copyrighted work you claim has 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;

b) Identification of the material on the sammysays site that you claim is infringing, with enough detail so that we may locate it;

c) 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;

d) 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;

e) Your address, telephone number, and email address; and

f) Your physical or electronic signature.

Your Notice will be subject to The Digital Millennium Copyright Act (DMCA). In appropriate circumstances, sammysays may terminate the accounts and/or postings of repeat infringers.


SS LIQUIDATED DAMAGES

Last Updated: April 23, 2012

This schedule relates to the SS Terms of Use ("TOU"), and terms used here have the meanings given to them in the TOU.

In addition, for purposes of this schedule of liquidated damages, "Item of Content" means each and every instance of content of any type posted to, stored on or transmitted via sammysays by any user (or any other third party in any manner). For example, each single post to sammysays (including but not limited to any ad, comment, flag or message posted to sammysays), each single data file stored on sammysays (including but not limited to any account information, text, code, images, video or binary file), and each single communication transmitted via sammysays (including but not limited to any email or response to an email) is a single “Item of Content.” Each “Item of Content” shall be considered and treated as 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, "Account" means each and every sammysays account of any type applied for, requested or created by any means (including but not limited to telephone-verified accounts, also known as phone verified accounts or "PVAs").

For purposes of this schedule of liquidated damages, "Instance of Unauthorized Conduct" or "Instance" means each individual time SS's servers are accessed in connection with or in facilitation of a violation of the TOU. With respect to the Instances of Unauthorized Conduct enumerated in paragraph 6 below, each day that SS's servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.

For purposes of this schedule of liquidated damages, "Attempt" shall be defined pursuant to Pennsylvania law.

TOU violations harm the functionality, integrity, and reputation of sammysays; interfere with and detract from users' and customers’ beneficial use and enjoyment of sammysays; and are detrimental to SS as a business. Pursuant to §§ 11 and 12 of the TOU, you acknowledge and agree that SS incurs actual damages as a result of the TOU violations detailed below. You further acknowledge and agree that actual damages caused by such violations are extremely difficult, impossible or impractical to determine or quantify. Consequently, you agree it is fair and reasonable for SS to obtain injunctive relief to prohibit future violations of these TOU and recover liquidated damages for past violations of these TOU, and you acknowledge that the amounts set forth below reflect reasonable estimates of SS's actual damages from each such violation and that such estimates are reasonably related to the actual damages caused to SS by each such violation.

For each TOU violation below, you therefore agree to pay liquidated damages to SS in the amount specified. You further acknowledge and agree that the imposition of liquidated damages for each such TOU violation is independent and distinct, and that the assessment of total liquidated damages for multiple TOU violations is cumulative.

1. $25 Per Item of Content

For the following, you agree to pay $25 per Item of Content:

(a) a flag of content without a personal, good-faith belief that the content violates the TOU; (b) a flag of content on behalf of someone else; (c) a flag that you permit, enable, induce or encourage someone else to make on your behalf; (d) more than one flag of a specific Item of Content; (e) content posted to a geographic area offered on sammysays for which that content is not relevant; (f) content that is the same or substantially similar to content posted to or communicated via sammysays for more than one geographic area; (g) content posted in a sammysays category to which it is not directly relevant (as explained in the TOU 4.a. (second paragraph)); (h) content that is the same or substantially similar to content posted in another sammysays category; (i) content that is posted in more than the single user sub-category most accurate for that user where the relevant sammysays category provides specific subcategories for posts by particular types of users (as explained in the TOU 4.a. (fourth paragraph)); (j) content the same or substantially similar to other content posted more than once within 48 hours; (k) content you post to sammysays on behalf of another; or (l) content posted to sammysays by a third party on your behalf (i.e., content that you permit, enable, induce or encourage any third party to post for you).

As explained in the definition of "Item of Content" above, for purposes of calculating liquidated damages, each flag described in clauses (a) through (c) of this section shall constitute an individual Item of Content. See, among others, TOU 4.a. and 4.c.

2. $50 Per Item of Content

You agree to pay $50 per Item of Content posted or stored on, or transmitted via sammysays either by you or on your behalf:

(a) using any automated means to perform any step of any process for submitting content (in whole or in part); (b) by any means that circumvent any technological measure implemented by SS to restrict the manner in which content may be submitted on sammysays or to regulate the manner in which content (including but not limited to email) may be transmitted to other users; or (c) using Accounts that are created or used in violation of TOU 4.b.

Liquidated damages under this 2 are in addition to Liquidated Damages that may be applicable to the Item of Content pursuant to other sections of this schedule and are agreed to be a reasonable estimate of SS's actual damages for the Items of Content posted using the means described in this 2 in addition to the liquidated damages incurred by SS set forth elsewhere in this schedule. See, among others, TOU 4 b.

3. $100 Per Item of Content

For the following, you agree to pay $100 per Item of Content:

(a) content that offers, promotes, advertises or provides links to unsolicited products or services (except that the content described in Section 5(g) of this schedule, shall be subject to liquidated damages as provided in Section 5(g)); (b) content that violates guidelines for particular categories or services on sammysays; or (c) content (including but not limited to ads, emails and other communications with sammysays users) for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner and under any circumstance. See, among others, TOU 4.a.

4. $100 Per Account/Instance

For the following, you agree to pay $100 per Account/Instance of Unauthorized Conduct:

(a) if you create, maintain or use at any time more than one Account (including without limitation PVAs) to post content; (b) if you create one or more Accounts for or on behalf of another; (c) if you permit, enable, induce or encourage someone else to create one or more Accounts on your behalf; (d) if you use other users' Accounts (with or without their knowledge or consent) (including but not limited to your use of any Account you purchase or otherwise do not personally create); (e) for any Account you purchase, offer, market, sell, or distribute; (f) for any Account you create for another; (g) for any Account you create by any automated means; (h) for any Account verified using a telephone number that is not your own personal telephone number; (i) for any telephone number you purchase, offer, market, make available, sell or distribute for the purpose of phone verification; (j) if you use any Accounts created in circumvention of any technological restriction or security measure in the Account creation process; (k)if you create any Accounts in circumvention of any technological restriction or security measure in the Account creation process; (l) for any product, software, or tool (including but not limited to CAPTCHA credits) you acquire, purchase, offer, market, sell, or distribute, that facilitates circumvention of any technological measure implemented by SS to restrict the manner in which content may be posted on sammysays or to regulate the manner in which content may be transmitted to other users; (m) if you collect sammysays users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) or (n) for any activities (including but not limited to posting voluminous content) that are inconsistent with use of sammysays in compliance with the TOU or that may impair or interfere with the functionality, performance or quality of all or any part of sammysays in any manner.

See, among others, TOU 4.a. and 4.b.

5. $1000 Per Item of Content

For the following, you agree to pay $1000 per Item of Content:

(a) illegal content; (b) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods, services, or events; (c) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (d) content that discloses another's personal, confidential or proprietary information; (e) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via sammysays); (f) malicious content (including, without limitation, malware or spyware); (g) content that offers, promotes, advertises, provides links to or solicits posting or auto-posting products/services/events, account creation or auto-creation products/services/events, flagging or auto-flagging products/services/events, bulk telephone numbers, or any other product or service that if utilized with respect to sammysays would violate these TOU or SS's other legal rights.

See, among others, TOU 3.a.

6. $25,000 Per Instance of Unauthorized Conduct

Technology can be misused to facilitate harm to sammysays, its users, and/or SS on a massive scale. For the following, you agree to pay $25,000 per Instance of Unauthorized Conduct:

(a) copying, aggregation, display, distribution or derivative use of sammysays or any content posted on sammysays (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes, or RSS feeds); (b) access to or use of sammysays to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, and mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with sammysays (including, without limitation, to access content, post content, respond to content, transmit content, create accounts, use accounts, circumvent security measures, or flag content); or (c) decompiling, disassembling or reverse engineering all or any part of sammysays in order to identify, acquire, copy, or emulate any source code or object code. See, among others, TOU 5.

7. Written License

Any conduct or content that is permitted pursuant to a written license agreement with SS shall not be deemed in violation of the TOU as long as the conduct or content is specifically authorized pursuant to the terms of the license agreement.