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Terms of Service

GREETINGS FROM THEBBPLUG. We (theBBplug) hope you find it useful. By interacting with our servers, services, websites, or any associated content/postings, you agree to these Terms of Service (TOS) (last updated March 27, 2019). You acknowledge and agree theBBplug is a private site owned and operated by theBBplug establishment. If you are accessing or using theBBplug on behalf of a business, that business agrees to the TOS. If you do not agree to the TOS, you are not authorized to use theBBplug. We may modify the TOS at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use theBBplug. Our privacy policy (Link Here), prohibited list (Link Here), and all other policies, site rules, and agreements referenced below or on the BBplug, are fully incorporated into this TOS, and you agree to them as well.
LICENSE. If you agree to the TOS and (1) are of sufficient age and capacity to use theBBplug and be bound by the TOS, or (2) use theBBplug on behalf of a business, thereby binding that business to the TOS, we grant you a limited, revocable, non-exclusive, non-assignable license to use theBBplug in compliance with the TOS; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from theBBplug, 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 written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with theBBplug, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect theBBplug 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 theBBplug’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse theBBplug’s flagging or reporting processes. You agree not to collect theBBplug user information or interfere with theBBplug. You agree we may moderate theBBplug 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.
LIQUIDATED DAMAGES. You further agree that if you violate the USE section, 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 theBBplug users’ information, including personal or identifying information – $2 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of theBBplug without that party’s express written consent – $2,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of theBBplug – $3,000 per violation; (D) posting or attempting to post Prohibited Content – $5 per violation; (E) posting or attempting to post Prohibited Content in any paid section of theBBplug  – the price per post applicable to that section of theBBplug ; (F) sending an unauthorized/unsolicited email to an email address obtained from theBBplug  – $28 per violation; (G) using theBBplug user information to make/send an unauthorized/unsolicited text message, call, or communication to a theBBplug user – $300 per text/call/communication; (H) creating a misleading or unlawful theBBplug account or buying/selling a theBBplug account – $3 per violation; (I) abusing or attempting to abuse theBBplug’s flagging or reporting processes – $3 per violation; (J) distributing any software to facilitate violations of the USE Section – $2,000 per violation; (K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting theBBplug content for any purpose without our express written consent – $4,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of theBBplug 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. You give us permission to charge your account for theBBplug fees in paid areas (Link Here for Fee Agreements). 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, theBBplug, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“theBBplug Entities”) (1) make no promises, warranties, or representations as to theBBplug, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide theBBplug on an “AS IS” and “AS AVAILABLE” basis and any risk of using theBBplug 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 (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with theBBplug. theBBplug  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 theBBplug, 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.
 
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of the information contained within the online store or any other goods or services displayed on or offered through the Site. User understands and agrees that the content of this Site does not contain or constitute representations to be reasonably relied upon, and User agrees to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Service and the Site is provided for informational and advertising purposes only.

CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to theBBplug (“Claims”) will be governed by the internal laws of New Jersey, 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 Bellmawr, NJ (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Bellmawr, NJ; (2) indemnify and hold theBBplug Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of theBBplug ; 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.
TRADEMARKS. theBBplug name,and theBBplug logo are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.
MISC. Users complying with prior written licenses may access theBBplug thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOS or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOS, and you will remain bound by those sections. If a TOS 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 TOS controls over any translations. If you reasonably believe content infringes your IP rights, Email support@thebbplug.com .

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