LICENSE. If you agree to the T&C and (1) are of sufficient age and capacity to use CAPLES and be bound by the T&C, or (2) use CAPLES on behalf of a business, thereby binding that business to the T&C, we grant you a limited, revocable, non-exclusive, non-assignable license to use CAPLES in compliance with the T&C; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from CAPLES, 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 general-purpose web browsers and email clients) or services that interact or interoperate with CAPLES, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect CAPLES 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 CAPLES’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse CAPLES’s flagging or reporting processes. You agree not to collect CAPLES user information or interfere with CAPLES. You agree we may moderate CAPLES 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 CAPLES or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, the API, any website code, or any software used to provide CAPLES, (iii) combine or integrate CAPLES 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 CAPLES or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use CAPLES 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 T&C, 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 CAPLES 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 CAPLES 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 CAPLES – $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 CAPLES – the price per post applicable to that section of CAPLES; (F) sending an unauthorized/unsolicited email to an email address obtained from CAPLES – $25 per violation; (G) using CAPLES user information to make/send an unauthorized/unsolicited text message, call, or communication to a CAPLES user – $500 per text/call/communication; (H) creating a misleading or unlawful CAPLES account or buying/selling a CAPLES account – $4 per violation; (I) abusing or attempting to abuse CAPLES’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 CAPLES 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 CAPLES 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.
FEES. When you make a paid posting, you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
DISCLAIMER & LIABILITY. To the full extent permitted by law, Wiebe Marketing Ltd., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“CAPLES Entities”) (1) make no promises, warranties, or representations as to CAPLES, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide CAPLES on an “AS IS” and “AS AVAILABLE” basis and any risk of using CAPLES is assumed by you; (3) disclaim all warranties, express or implied, including as to the 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 CAPLES. CAPLES Entities are 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 CAPLES, 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. Please see our Legal Policy.
MISC. Unless you have entered into a separate written or electronic agreement with us that expressly references the T&C, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access CAPLES thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the T&C or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the T&C, and you will remain bound by those sections. If a T&C term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the T&C controls over any translations.