LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use ST. PETE TOGETHER and be bound by the TOU, or (2) use ST. PETE TOGETHER on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use ST. PETE TOGETHER in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from ST. PETE TOGETHER, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with ST. PETE TOGETHER, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect ST. PETE TOGETHER content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of ST. PETE TOGETHER’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse ST. PETE TOGETHER’s flagging or reporting processes. You agree not to collect ST. PETE TOGETHER user information or interfere with ST. PETE TOGETHER. You agree we may moderate ST. PETE TOGETHER access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available ST. PETE TOGETHER or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide ST. PETE TOGETHER, (iii) combine or integrate ST. PETE TOGETHER or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects ST. PETE TOGETHER or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use ST. PETE TOGETHER or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
LIQUIDATED DAMAGES. You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting ST. PETE TOGETHER users’ information, including personal or identifying information – $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of ST. PETE TOGETHER without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of ST. PETE TOGETHER – $1,000 per violation; (D) posting or attempting to post Prohibited Content – $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of ST. PETE TOGETHER – the price per post applicable to that section of ST. PETE TOGETHER; (F) sending an unauthorized/unsolicited email to an email address obtained from ST. PETE TOGETHER – $25 per violation; (G) using ST. PETE TOGETHER user information to make/send an unauthorized/unsolicited text message, call, or communication to a ST. PETE TOGETHER user – $500 per text/call/communication; (H) creating a misleading or unlawful ST. PETE TOGETHER account or buying/selling a ST. PETE TOGETHER account – $4 per violation; (I) abusing or attempting to abuse ST. PETE TOGETHER’s flagging or reporting processes – $1 per violation; (J) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting ST. PETE TOGETHER content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of ST. PETE TOGETHER in any 24-hour period – $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
DISCLAIMER & LIABILITY. To the full extent permitted by law, St. Pete Together, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“CL Entities”) (1) make no promises, warranties, or representations as to ST. PETE TOGETHER, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide CL on an “AS IS” and “AS AVAILABLE” basis and any risk of using CL is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with ST. PETE TOGETHER. ST. PETE TOGETHER is not liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to ST. PETE TOGETHER, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to CL (“Claims”) will be governed by the internal laws of Florida, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Pinellas County, FL (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Pinellas County, FL; (2) indemnify and hold ST. PETE TOGETHER harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of ST. PETE TOGETHER; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.