1. ACCEPTANCE OF TERMS
By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using
particular ExtraCoins services, you agree to abide by any applicable posted
guidelines for all ExtraCoins services, which may change from time to time.
Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with ExtraCoins
in any way, your only recourse is to immediately discontinue use of ExtraCoins.
ExtraCoins has the right, but is not obligated, to strictly enforce the TOU
through self-help, community moderation, active investigation, litigation and
prosecution.
2. CONTENT
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("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
ExtraCoins 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 ExtraCoins site and Content available through
the Service may contain links to other websites, which are completely
independent of ExtraCoins. ExtraCoins makes no representation or warranty as
to the accuracy, completeness or authenticity of the information contained
in any such site. Your linking to any other webites 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 ExtraCoins 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 ExtraCoins does not pre-screen or approve Content, but that ExtraCoins
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.
3. 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, or is harmful to minors in any way;
b) 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;
c) 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;
d) 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);
e) 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.
f) 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.
g) that impersonates any person or entity, including, but not limited to, a
ExtraCoins 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.);
h) that includes personal or identifying information about another person
without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
j) 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;
k) that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the ExtraCoins sites which are not designated for such
purposes; or emailed to ExtraCoins users who have not indicated in writing that
it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed
in "services";
n) 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. A partial list of prohibited items for sale and prohibited services
offered is provided at the following web address for your convenience:
o) 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;
p) 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
q) 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:
r) contact anyone who has asked not to be contacted, or make unsolicited
contact with anyone for any commercial purpose;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful
purposes;
u) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by ExtraCoins;
v) 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;
w) post the same item or service in more than one classified category or
forum, or in more than one metropolitan area;
x) attempt to gain unauthorized access to ExtraCoins's 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 ExtraCoins website; or
y) use any form of automated device or computer program that enables the
submission of postings on ExtraCoins 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.
z) use any form of automated device or computer program ("flagging tool")
that enables the use of ExtraCoins's "flagging system" or other community
moderation systems without each flag being manually entered by the person
that initiates the flag (an "automated flagging device"), or use the
flagging tool to remove posts of competitors, or to remove posts without a
good faith belief that the post being flagged violates these TOU;
