BAGELLIST TERMS OF USE : Do unto others as you would have others do unto you. That's basically it. Below is the fine print:


1. ACCEPTANCE OF TERMS

BagelList provides online advertising and notice posting resources. If you use BagelList, you agree to comply with the posting guidelines and Terms of Use. If you object, don't use BagelList.

2. MODIFICATIONS TO THIS AGREEMENT

We can change the Terms of Use at any time, but we probably won't.


3. CONTENT

Anything posted by you or someone else is the responsibility of whomever posted it, not BagelList. By using BagelList, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. That is unfortunate, but not our fault.

Under no circumstances will BagelList 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 anything posted, emailed or otherwise made available via the Service.

BagelList does not pre-screen or approve content, but BagelList can delete or move content for violating the letter or spirit of the law, aka the Terms of Use.


4. THIRD PARTY CONTENT, SITES, AND SERVICES

BagelList may connect you to independent third party content. Your interactions with anyone or anything found on or through BagelList including payment and delivery of goods or services are solely between you and them.

BagelList shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute, BagelList is under no obligation to become involved.

You agree to release BagelList from any and all claims, demands and damages (actual and consequential) in any way related to use of our service.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."


5. PRIVACY AND INFORMATION DISCLOSURE

Your use of BagelList signifies acknowledgement of and agreement to our Privacy Policy. Our Privacy Policy is located at the following web address:

http://www.bagelist.com/privacy.php


BagelList may, in its sole discretion, preserve or disclose your content or information if required to do so by law or to enforce the Terms of Use; respond to claims, or to protect the rights, property, or personal safety of BagelList, its users or the general public.


6. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, pornographic, degrading intimidating, discriminating, hateful, or is harmful to minors in any way;

b) that violates the Fair Housing Act;

c) that violates federal, state, or local equal employment opportunity laws;

d) that violates the anti-discrimination provision of the Immigration and Nationality Act;

e) that impersonates any person or entity or your affiliation with a person or entity, including, but not limited to, a BagelList employee;

f) that includes personal or identifying information about another person without that person's explicit consent;

g) that is false, deceptive, misleading, deceitful, mis-informative, or
constitutes "bait and switch";

h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

i) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

j) that constitutes or contains any form of advertising or solicitation if emailed to BagelList users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;

k) that includes links to commercial services or web sites, except as allowed in "services";

l) that advertises any illegal service or the sale of any illegal items;

m) that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

n) that disrupts the normal flow of dialogue with an excessive amount of content or that otherwise negatively affects other users' ability to use the Service; or

o) that employs misleading email addresses or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service.

Additionally, you agree not to:

contact anyone who has asked not to be contacted, make unsolicited contact with anyone for any commercial purpose; "stalk" or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by BagelList; post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; attempt to gain unauthorized access to BagelList computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the BagelList website; or use any form of automated device or computer program that enables the submission of postings on BagelList without each posting being manually
entered by the author thereof (an "automated posting device").

7. NO SPAM POLICY

Any unauthorized use of BagelList computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.


8. 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.


9. LIMITATIONS ON SERVICE

9 BagelList 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 BagelList has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.

BagelList reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that BagelList shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


10. ACCESS TO THE SERVICE

BagelList grants you a limited, revocable, nonexclusive license to access the Service for your own personal use.

BagelList permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).

BagelList offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. BagelList permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ' BagelList' as the source, (d) your use or display does not suggest that BagelList promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden BagelList 's systems. BagelList reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

11. TERMINATION OF SERVICE

You agree that BagelList, 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 BagelList believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that BagelList shall not be liable to you or any third-party for any termination of your access to the Service.

12. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE BAGELLIST SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BAGELLIST 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, BAGELLIST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BAGELLIST SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BAGELLIST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BAGELLIST SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BAGELLIST SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BAGELLIST DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BAGELLIST SITE OR THE SERVICE.

13. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL BAGELLIST BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BAGELLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BAGELLIST SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BAGELLIST SITE OR THE SERVICE, FROM INABILITY TO USE THE BAGELLIST SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BAGELLIST 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 BAGELLIST SITE OR THE SERVICE OR ANY LINKS ON THE BAGELLIST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BAGELLIST SITE OR THE SERVICE OR ANY LINKS ON THE BAGELLIST SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

14. INDEMNITY

You agree to indemnify and hold BagelList 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 Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.


15. GENERAL INFORMATION

The Terms of Use constitute the entire agreement between you and BagelList and govern your use of the Service. The Terms of Use and the relationship between you and BagelList shall be governed by the laws of the State of California. You and BagelList agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of BagelList to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.


16. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms of Use, by flagging the posting(s) for review, or by emailing to: info@bagellist.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 BagelList to pursue legal action to enforce these Terms, you will be liable to pay BagelList the following amounts as liquidated damages, which you accept as reasonable estimates of BagelLists' damages for the specified breaches of these Terms:

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 BagelList one thousand dollars ($1,000) for each such message.

b. If BagelList 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 BagelList one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access BagelList in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to BagelList email addresses or through BagelList computer systems, you agree to pay BagelList twenty five dollars ($25) for each such email.

d. If you post Content in violation of the Terms of Use, other than as described above, you agree to pay BagelList one hundred dollars ($100) for each Item of Content posted. In its sole discretion, BagelList may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the Terms of Use, in addition to any liquidated damages under clause (d), you agree to pay BagelList one hundred dollars ($100) for each and every Item you post in violation of the Terms of Use. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the"Principal"), and the Principal (by engaging the Posting Agent in violation of the Terms of Use) agrees to pay BagelList an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms of Use.

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 Terms without BagelList's expressed written permission, you agree to pay BagelList three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay BagelList's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, BagelList retains the right to seek the remedy of specific performance of any term contained in these Terms, 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 Terms, or any combination thereof.

Now, go have fun using BagelList!