Club Cobra Policies
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 all Content that you post, email or otherwise
make available via the Service. You understand that Club Cobra or its administrators do not control, and are 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 Club Cobra site and
Content available through the Service may contain links to other websites, which are completely independent of Club
Cobra. Club Cobra 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 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 Club Cobra 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 Club Cobra does not pre-screen or approve Content, but that Club Cobra 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 Terms or for any other reason.
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 Club Cobra or its administrators shall not be responsible or liable for any loss or damage of any sort
incurred as the 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 Club Cobra is under no obligation to become involved. In the event
that you have a dispute with one or more other users, you hereby release Club Cobra, 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."
NOTIFICATION 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 Club Cobra's agent for notice of claims of copyright or
other intellectual property infringement ("Agent"), at
Please provide our Agent with the following Notice:
a) Identify the material (specifically the post or thread) on the Club Cobra site that you claim is infringing, with
enough detail so that we may locate it on the website;
b) 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;
c) 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;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Club Cobra will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium
Copyright Act (DMCA).
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 impersonates any person or entity, including, but not limited to, a Club Cobra employee, or falsely states or
otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are
lawful non-deceptive parodies of public figures.);
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
g) 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;
h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters,"
"pyramid schemes," or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Club Cobra sites
which are not designated for such purposes; or emailed to Club Cobra users who have not indicated in writing that it is
ok to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed in "services";
k) 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
l) 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;
m) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or
that otherwise negatively affects other users' ability to use the Service; or
n) 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:
o) contact anyone who has asked not to be contacted;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the
Service - unless expressly permitted by Club Cobra;
s) 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;
t) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
u) attempt to gain unauthorized access to Club Cobra'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 Club
Cobra website; or
v) use any form of automated device or computer program that enables the submission of postings on Club Cobra 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
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Club Cobra email addresses or through Club
Cobra computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers. Any
unauthorized use of Club Cobra computer systems is a violation of these Terms and certain federal and state laws,
including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California
Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender
and his or her agents to civil and criminal penalties.
LIMITATIONS ON SERVICE
You acknowledge that Club Cobra 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 Club Cobra has no responsibility or liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that Club Cobra reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that Club Cobra shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
ACCESS TO THE SERVICE
Club Cobra grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This
license does not include 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 Club Cobra. A limited exception 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,
services, or personals, or which is in the business of providing classified ad listing services.
Club Cobra permits you to display on your website, or create a hyperlink on your website to, individual postings on the
Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs
or personal online media). If the total number of such postings displayed or linked to on your website exceeds one
hundred (100) postings, your use will be presumed to be in violation of these Terms, absent express permission granted by
Club Cobra to do so. You may also create a hyperlink to the home page of Club Cobra sites so long as the link does
not portray Club Cobra, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive
Club Cobra offers various parts of the Service in RSS format so that users can embed individual feeds into a personal
website or blog, or view postings through third party software news aggregators. Club Cobra permits you to display,
excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the
RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on
the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed,
proper attribution to 'Club Cobra' as the source, (d) your use or display does not suggest that Club Cobra promotes
or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and
(f) your use does not overburden Club Cobra's systems. Club Cobra reserves all rights in the content of the RSS
feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by Club Cobra immediately terminates said
permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the 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 Club Cobra.
TERMINATION OF SERVICE
You agree that Club Cobra, 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 Club Cobra believes that you have acted inconsistently with the letter or spirit of
the Terms. Further, you agree that Club Cobra 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. Sections 2, 4, 6
and 10-16 shall survive termination of these Terms.
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 Club Cobra.
You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of
Club Cobra, 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. Club Cobra is a registered mark in the U.S. Patent and Trademark Office.
Although Club Cobra 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 Club Cobra 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 Club Cobra 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 Club Cobra SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Club Cobra 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, Club Cobra DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE Club Cobra SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Club Cobra DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Club Cobra SITE OR THE SITES OR SERVICE,
OR ACCESSED THROUGH ANY LINKS ON THE Club Cobra SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Club Cobra DISCLAIMS
ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Club Cobra 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 Club Cobra BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF Club Cobra HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE
OF THE Club Cobra SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Club Cobra SITE OR THE
SERVICE, FROM INABILITY TO USE THE Club Cobra SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE Club Cobra 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 Club
Cobra SITE OR THE SERVICE OR ANY LINKS ON THE Club Cobra SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Club Cobra SITE OR THE SERVICE OR ANY LINKS ON THE Club Cobra
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 to you.
You agree to indemnify and hold Club Cobra, 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 Terms, your breach of any of the
representations and warranties herein, or your violation of any rights of another.
The Terms constitute the entire agreement between you and Club Cobra and govern your use of the Service, superseding
any prior agreements between you and Club Cobra. The Terms and the relationship between you and Club Cobra shall be
governed by the laws of the State of California without regard to its conflict of law provisions. You and Club Cobra
agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco,
California. The failure of Club Cobra to exercise or enforce any right or provision of the Terms shall not constitute a
waiver of such right or provision. If any provision of the Terms 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 Terms 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 Terms 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 Terms, by flagging the posting(s) for review, or by emailing to:
abuse@Clubcobra.com and Brent-Mills@clubcobra.com
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 Club Cobra
to pursue legal action to enforce these Terms, you will be liable to pay Club Cobra the following amounts as liquidated
damages, which you accept as reasonable estimates of Club Cobras' damages for the specified breaches of these Terms:
a. 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 Club Cobra 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.
b. If Club Cobra 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 Club Cobra one hundred dollars ($100) for each message posted in excess of
such limits or for each day on which you access Club Cobra in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Club Cobra email addresses or through Club Cobra computer systems,
you agree to pay Club Cobra twenty five dollars ($25) for each such email.
one hundred dollars ($100) for each such message. In its sole discretion, Club Cobra may elect to issue a warning
before assessing damages.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for
your own Content) in violation of these Terms without Club Cobra's express written permission, you agree to pay Club
Cobra three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Club Cobra's actual damages, to the extent such actual damages can be reasonably
calculated. Notwithstanding any other provision of these Terms, Club Cobra retains the right to seek the remedy of
specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of
any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.