General Legal Terms
Our service is provided "as is." We cannot always foresee or anticipate
technical or other difficulties. These difficulties may result in loss of data or
other service interruptions. For this reason, you agree that redmango.com's
services are provided "as is." We cannot assume responsibility for the
timeliness, deletion, misdelivery, or failure to store any Member data, communications,
or personalization settings. WE AND OUR SUPPLIERS PROVIDE THE redmango.com WEBSITE
AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS
OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Limit of liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS
OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
Suspension/Termination. We may immediately issue a warning, temporarily suspend,
indefinitely suspend, or terminate your membership, any of your current classifieds,
and any other information you place on the site if you breach this Agreement or
if we are unable to verify or authenticate any information you provide to us. Without
limiting any other remedies, redmango.com may suspend or terminate your account
if you are found (by conviction, settlement, insurance or escrow investigation,
or otherwise) to have engaged in fraudulent activity in connection with our site.
General compliance with laws. You shall comply with all applicable laws, statutes,
ordinances and regulations regarding your use of our service and your negotiations,
classified ad, purchase, and sale of items and services.
Notices. Except as explicitly stated otherwise, redmango.com may provide you with
notices via email, regular postal mail, or postings on the redmango.com web site.
Arbitration. Any controversy or claim arising out of or relating to this Agreement
shall be settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim shall
be arbitrated on an individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration shall be conducted
in the State of California, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either you or redmango.com may seek
any interim or preliminary relief from a court of competent jurisdiction in the
State of California necessary to protect rights or property pending the completion
Jurisdiction and Venue. This Agreement shall be governed in all respects by the
laws of the State of California. You agree that any legal action brought against
redmango.com, shall be governed by the laws of the State of California without regard
to its conflict of law principles, and that the sole jurisdiction and venue for
any litigation arising from your use of redmango.com shall be an appropriate federal
or state court located in the State of California. If any provision of this Agreement
is held to be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Headings are for reference purposes only and in no
way define, limit, construe, or describe the scope or extent of such section. 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.
Other Agreements. If you and redmango.com have entered into a separate written agreement
that covers your use of redmango.com, the terms and conditions of such agreement
shall control to the extent they are inconsistent with this Member Agreement.
The online resources which includes classifieds, forums, or any other kind of services
(referred to hereafter as "services") subject to the following terms of
use ("TOU"). By using the any of the Services in any way, you are agreeing
to comply with the TOU. In addition, when using any of our services, you agree to
abide by any applicable posted guidelines for all services, which may change from
time to time. If you object to any of the terms or conditions of the TOU, any guidelines,
or any subsequent modifications, or become dissatisfied with us in any way, your
only recourse is to immediately discontinue the use of redmango.com.
Modifications to this agreement:
We reserve the right, to change, modify or otherwise alter any of these terms and
conditions at any time without notification. Such modifications shall become effective
immediately upon the posting on redmango.com. You must review this agreement on
a regular basis to keep yourself up to date of any changes. You can find the most
recent version of the TOU at:
You understand that all postings, messages, text, files, images, photos, video,
sounds, or other materials (referred to hereafter as "Content") posted
on, transmitted through, or linked from the Service, are the sole responsibility
of the person from whom such Content originated. More specifically, you are entirely
responsible for each individual item ("Item") of Content that you post,
email or otherwise make available via the Service. You understand that redmango.com
does not control, and is not responsible for Content made available through the
Service, and that by using the Service, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the redmango.com
site and Content available through the Service may contain links to other websites,
which are completely independent of redmango.com. redmango.com does not represent
or warranty them as to the accuracy, completeness or authenticity of the information
contained in any such site in any way. Your linking to any other websites is at
your own risk. You agree that you must evaluate, and bear all risks associated with,
the use of any Content, that you may not rely on said Content, and that under no
circumstances will redmango.com 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 any Content posted,
emailed or otherwise made available via the Service. You acknowledge that redmango.com
does not pre-screen or approve any Content, but that redmango.com shall have the
right (but not the obligation) in its sole discretion to refuse, delete or move
any Content that is available via the Service, for violating the letter or spirit
of the TOU or for any other reason.
Third party content, sites, and services:
The redmango.com site and Content available through the Service may contain
features and functionalities that may link you or provide you access to third party
content which is completely independent of redmango.com, including web sites, directories,
servers, networks, systems, information and databases, applications, software, programs,
products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely
between you and such organizations and/or individuals. You should make whatever
investigation you feel necessary or appropriate before proceeding with any online
or offline transaction with any of these third parties.
You agree that redmango.com shall not be responsible or liable for any loss or damage
of any sort incurred as a result of any such dealings. If there is a dispute between
participants on this site, or between users and any third party, you understand
and agree that redmango.com is under no obligation to become involved. In the event
that you have a dispute with one or more other users, you hereby release redmango.com,
its officers, employees, agents and successors in rights from claims, demands and
damages (actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or 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."
Notifications of claims of infringement:
If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated,
please notify redmango.com for notice of claims of copyright or other intellectual
property infringement ("Agent"), by submitting a message in the Contact
Us forum. Please provide us the following on the notice:
1. Identify the material on the redmango.com site that you claim is infringing,
with enough detail so that we may locate it on the website;
2. 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;
3. 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;
4. Your address, telephone number, and email address; and - Your physical or electronic
signature. redmango.com will remove the infringing posting(s), subject to the procedures
outlined in the Digital Millennium Copyright Act (DMCA).
Privacy and information disclosure:
how your information is collected, protected, and used at redmango.com. This privacy
policy may be updated by us periodically, and will take affect as soon as it is
posted on the site. It is your responsibility to check this document to keep yourself
Protecting your information:
We do our best possible to protect your private information.
When posting a classified advertisement, your email address is required. Please
be aware that your email address is therefore viewable by all users of redmango.com.
We recommend that you use an email address that has strong SPAM safeguards to limit
the amount of junk email you may receive. We currently do not have an email annonymizer
service, but that is in the works.
We do not share your information to third parties.
We do not sell your information to third parties.
We do not use tracking devices for marketing purposes. People who post on redmango.com
may add links to third party websites, which may have different private policy.
We are not responsible for, or have any control over, the privacy policies of these
third party websites. We encourage you read the privacy policies of every website
Data that we collect and store:
We may collect data in various circumstances for keeping redmango.com functional.
1. We may collect your personal information if you provide it on our classifieds
or forums, or if you contact us directly. Please do not post any personal information
on redmango.com forums or classifieds if you intend to keep them private.
2. redmango.com collects web log entries for each page served which includes your
ip address, time served, page served etc. Web logs help us diagnose problems with
the server,and identify better ways to serve you.
3. All classified and forum posts are saved on our database, even after deletion,
which may be archived somewhere.
4. Our web log records are stored for indefinite period of time. Although we make
every effort to store the information in a secure environment which is not available
to the public, we cannot guarantee complete security.
5. Search engines and other sites which are not affiliated with redmango.com - including
google.com, yahoo.com, archive.org may archive or otherwise make available redmango.com
postings of all categories.
By visiting redmango.com and providing data with redmango.com, you acknowledge and
agree that we may use the data collected in the course of our relationship for purposes
specified in this policy or in any other communications with you, which includes
the transmission of information outside your resident jurisdiction. The data you
provided may be stored on servers located in the United States. By providing us
any data, you consent to the transfer of such data.
Your use of the redmango.com website or the Service signifies acknowledgement of
may, in its sole discretion, preserve or disclose your Content, as well as your
information, such as email addresses, IP addresses, timestamps, and other user information,
if required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: comply with legal process; enforce the TOU;
respond to claims that any Content violates the rights of third-parties; respond
to claims that contact information (e.g. phone number, street address) of a third-party
has been posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of redmango.com, its users or the
You agree not to post, email, or otherwise make available Content:
1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of another's privacy, or is harmful to minors in any way;
2. that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same or
opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic
abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
3. that harasses, degrades, intimidates or is hateful toward an individual or group
of individuals on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
4. that violates the Fair Housing Act by stating, in any notice or ad for the sale
or rental of any dwelling, a discriminatory preference based on race, color, national
origin, religion, sex, familial status or handicap (or violates any state or local
law prohibiting discrimination on the basis of these or other characteristics);
5. that violates federal, state, or local equal employment opportunity laws, including
but not limited to, stating in any advertisement for employment a preference or
requirement based on race, color, religion, sex, national origin, age, or disability.
6. with respect to employers that employ four or more employees, that violates the
anti-discrimination provision of the Immigration and Nationality Act, including
requiring U.S. citizenship or lawful permanent residency (green card status) as
a condition for employment, unless otherwise required in order to comply with law,
regulation, executive order, or federal, state, or local government contract.
7. that impersonates any person or entity, including, but not limited to, a redmango.com
employee, or falsely states or otherwise misrepresents your affiliation with a person
or entity (this provision does not apply to Content that constitutes lawful non-deceptive
parody of public figures.);
8. that includes personal or identifying information about another person without
that person's explicit consent;
9. that is false, deceptive, misleading, deceitful, misinformative, or constitutes
"bait and switch";
10. 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;
11. that constitutes or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters,"
"pyramid schemes," or unsolicited commercial advertisement;
12. that constitutes or contains any form of advertising or solicitation if: posted
in areas of the redmango.com sites which are not designated for such purposes; or
emailed to redmango.com users who have not indicated in writing that it is ok to
contact them about other services, products or commercial interests.
13. that includes links to commercial services or web sites, except as allowed in
14. that advertises any illegal service or the sale of any items the sale of which
is prohibited or restricted by any applicable law, including without limitation
items the sale of which is prohibited or regulated by California law.
15. 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;
16. that disrupts the normal flow of dialogue with an excessive amount of Content
(flooding attack) to the Service, or that otherwise negatively affects other users'
ability to use the Service; or
17. that employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
1. contact anyone who has asked not to be contacted;
2. "stalk" or otherwise harass anyone;
3. collect personal data about other users for commercial or unlawful purposes.
4. use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Service - unless expressly permitted by redmango.com.
5. post non-local or otherwise irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on
6. post the same item or service in more than one classified category or forum,
or in more than one metropolitan area.
7. attempt to gain unauthorized access to redmango.com 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 redmango.com website, or
8. use any form of automated device or computer program that enables the submission
of postings on redmango.com without each posting being manually entered by the author
thereof (an "automated posting device"), including without limitation,
the use of any such automated posting device to submit postings in bulk, or for
automatic submission of postings at regular intervals.
A "Posting Agent" is a third-party agent, service, or intermediary that
offers to post Content to the Service on behalf of others. To moderate demands on
redmango.com resources, you may not use a Posting Agent to post Content to the Service
without express permission from redmango.com. Correspondingly, Posting Agents are
not permitted to post Content on behalf of others, to cause Content to be so posted,
or otherwise access the Service to facilitate posting Content on behalf of others,
except with express permission from redmango.com.
No spam policy:
You understand and agree that sending unsolicited email advertisements to redmango.com
email addresses or through redmango.com computer systems, which is expressly prohibited
by these TOU. Any unauthorized use of redmango.com computer systems is a violation
of the TOU and certain federal and state laws. Such violations may subject the sender
and his or her agents to civil and criminal penalties.
Limitations of service:
You acknowledge that redmango.com 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 redmango.com has no responsibility or liability
for the deletion or failure to store any Content maintained or transmitted by the
Service. You acknowledge that redmango.com reserves the right at any time to modify
or discontinue the Service (or any part thereof) with or without notice, and that
redmango.com shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
Access to the service:
redmango.com grants you a limited, revocable, nonexclusive license to access the
Service for your own personal use. This license does not include: (a) access to
the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication,
display or derivative use of the Service nor any use of data mining, robots, spiders,
or similar data gathering and extraction tools for any purpose unless expressly
permitted by redmango.com. A limited exception to (b) is provided to general purpose
internet search engines and non-commercial public archives that use such tools to
gather information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses using
an easily identifiable agent and comply with our robots.txt file. "General
purpose internet search engine" does not include a website or search engine
or other service that specializes in classified listings or in any subset of classifieds
listings such as jobs, housing, for sale, or services, or which is in the business
of providing classified ad listing services.
redmango.com does not permit you to display on your website, or create a hyperlink
on your website to posted classified advertisement content posted on redmango.com.
You are permitted to place a link on your site to the homepage of redmango.com.
Use of the Service beyond the scope of authorized access granted to you by redmango.com
immediately terminates said permission or license. In order to collect, aggregate,
copy, duplicate, display or make derivative use of the Service or any Content made
available via the Service for other purposes (including commercial purposes) not
stated herein, you must first obtain a license from redmango.com.
Termination of service:
You agree that redmango.com, 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 redmango.com believes that you
have acted inconsistently with the letter or spirit of the TOU. Further, you agree
that redmango.com shall not be liable to you or any third-party for any termination
of your access to the Service. Further, you agree not to attempt to use the Service
after said termination.
The Service is protected to the maximum extent permitted by copyright laws and international
treaties. Content displayed on or through the Service is protected by copyright
as a collective work and/or compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative works from or
redistribution of the site or the collective work, and/or copying or reproducing
the sites or any portion thereof to any other server or location for further reproduction
or redistribution is prohibited without the express written consent of redmango.com.
You further agree not to reproduce, duplicate or copy Content from the Service without
the express written consent of redmango.com, and agree to abide by any and all copyright
notices displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the Service.
Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any aspect of the Service.
Although redmango.com does not claim ownership of content that its users post, by
posting Content to any public area of the Service, you automatically grant, and
you represent and warrant that you have the right to grant, to redmango.com an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display,
and distribute said Content and to prepare derivative works of, or incorporate into
other works, said Content, and to grant and authorize sublicenses (through multiple
tiers) of the foregoing. Furthermore, by posting Content to any public area of the
Service, you automatically grant redmango.com all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or exploitation
of the Content on the Service by any party for any purpose.
Disclaimer of warranties:
YOU AGREE THAT USE OF THE redmango.com SITE AND THE SERVICE IS ENTIRELY AT YOUR
OWN RISK. THE redmango.com 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, redmango.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE redmango.com SITE AND THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, redmango.com DISCLAIMS ANY WARRANTIES FOR
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE redmango.com SITE
OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE redmango.com SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, redmango.com DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE redmango.com SITE OR
THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar
as they relate to implied warranties.
Limitations of liability:
UNDER NO CIRCUMSTANCES SHALL redmango.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF redmango.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE
redmango.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF
THE redmango.com SITE OR THE SERVICE, FROM INABILITY TO USE THE redmango.com SITE
OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION
OF THE redmango.com 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 redmango.com SITE OR THE SERVICE OR ANY LINKS
ON THE redmango.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE redmango.com SITE OR THE SERVICE OR
ANY LINKS ON THE redmango.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, some of the foregoing limitation may not apply
You agree to indemnify and hold redmango.com, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers and
employees, 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 TOU, your breach of any of the representations and warranties herein, or
your violation of any rights of another.
The TOU constitute the entire agreement between you and redmango.com and govern
your use of the Service, superseding any prior agreements between you and redmango.com.
The TOU and the relationship between you and redmango.com shall be governed by the
laws of the State of California without regard to its conflict of law provisions.
You and redmango.com agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of San Francisco, California. The failure
of redmango.com to exercise or enforce any right or provision of the TOU shall not
constitute a waiver of such right or provision. If any provision of the TOU is found
by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOU remain in full force
and effect. 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
TOU must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
Violation of terms and liquidated damages:
Please report any violations of the TOU, by flagging the posting(s) for review and
using our Contact Us forum to alert us to the said violation.
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 redmango.com to pursue legal action to enforce the TOU,
you will be liable to pay redmango.com the following amounts as liquidated damages,
which you accept as reasonable estimates of redmango.coms' damages for the specified
breaches of the TOU:
1. 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 redmango.com one thousand dollars
($1,000) for each such message. This provision does not apply to messages that are
lawful non-deceptive parodies of public figures.
2. If redmango.com 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
redmango.com one hundred dollars ($100) for each message posted in excess of such
limits or for each day on which you access redmango.com in excess of such limits,
whichever is higher.
3. If you send unsolicited email advertisements to redmango.com email addresses
or through redmango.com computer systems, you agree to pay redmango.com twenty five
dollars ($25) for each such email.
4. If you post Content in violation of the TOU, other than as described above, you
agree to pay redmango.com one hundred dollars ($100) for each Item of Content posted.
In its sole discretion, redmango.com may elect to issue a warning before assessing
5. If you are a Posting Agent that uses the Service in violation of the TOU, in
addition to any liquidated damages under clause (d), you agree to pay redmango.com
one hundred dollars ($100) for each and every Item of Content posted in violation
of the TOU. 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 TOU) agrees to pay redmango.com
an additional one hundred dollars ($100) for each Item of Content posted by the
Posting Agent on behalf of the principal in violation of the TOU.
6. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for
any purpose any Content (except for your own Content) in violation of the TOU without
redmango.com's express written permission, you agree to pay redmango.com three
thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay redmango.com's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other provision
of the TOU, redmango.com retains the right to seek the remedy of specific performance
of any term contained in the TOU, or a preliminary or permanent injunction against
the breach of any such term or in aid of the exercise of any power granted in the
TOU, or any combination thereof.