If you do not accept and agree to all provisions of the Term Of Use, now or in the future, you may reject the Term Of Use by immediately terminating all access and use of KySwapShop.com, in which case any continuing access or use of KySwapShop.com is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on KySwapShop.com.
KySwapShop.com is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.
KySwapShop.com has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via KySwapShop.com by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of KySwapShop.com) by any user (or any other third party in any manner); and to enforce the Term Of Use, for any reason and in any manner or by any means that KySwapShop.com, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access).
KySwapShop.com may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. KySwapShop.com action or inaction to regulate content or conduct or to enforce against any potential violation of the TERM OF USE by any user (or any other third party) does not waive KySwapShop.com's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TERM OF USE violation.
You also understand and agree that any action or inaction by KySwapShop.com or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "KySwapShop.com Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TERM OF USE violation is undertaken voluntarily and in good faith, and you expressly agree that neither KySwapShop.com nor any KySwapShop.com Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TERM OF USE.
Although KySwapShop.com Representatives may moderate content, conduct and TERM OF USE compliance on KySwapShop.com at KySwapShop.com's discretion, KySwapShop.com Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of KySwapShop.com will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of KySwapShop.com will otherwise stop, cure or prevent any problem, content, conduct or purported TERM OF USE violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any KySwapShop.com Representative (or by anyone else acting on behalf of KySwapShop.com or by anyone purportedly acting on behalf of KySwapShop.com) that KySwapShop.com (including but not limited to any KySwapShop.com Representative, anyone else acting on behalf of KySwapShop.com, or anyone purportedly acting on behalf of KySwapShop.com) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TERM OF USE violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that KySwapShop.com, KySwapShop.com Representatives and anyone else authorized to act on behalf of KySwapShop.com shall in no circumstance be liable as a result of any representation that KySwapShop.com, a KySwapShop.com Representative or anyone else on behalf of KySwapShop.com would or would not restrict or redress any content, conduct or potential or purported TERM OF USE violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by KySwapShop.com's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
KySwapShop.com also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of KySwapShop.com at any time without notice. KySwapShop.com and KySwapShop.com Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
3. CONTENT AND CONDUCT
KySwapShop.com does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from KySwapShop.com includes but is not limited to:
(1) illegal content, firearms and other weapons, knifes, ammunition, stollen goods.
(2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services;
(3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content);
(4) content that discloses another's personal, confidential or proprietary information;
(5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via KySwapShop.com);
(6) malicious content (including, without limitation, malware or spyware);
(7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to KySwapShop.com would violate these Term Of Use or KySwapShop.com's other legal rights; and
(8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on KySwapShop.com and all such prohibitions are expressly incorporated into these Term Of Use as stated in section 1 above.
You automatically grant and assign to KySwapShop.com, and you represent and warrant that you have the right to grant and assign to KySwapShop.com, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to KySwapShop.com all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
You agree to indemnify and hold KySwapShop.com and KySwapShop.com Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of:
(a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive);
(b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted);
(c) your use of or reliance on any user content; and
(d) your violation of the Term Of Use. This indemnification obligation includes payment of any attorneys' fees and costs incurred by KySwapShop.com or KySwapShop.com Representatives.
KySwapShop.com does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to KySwapShop.com, and, if you create an account on KySwapShop.com, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold KySwapShop.com and KySwapShop.com Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to KySwapShop.com or KySwapShop.com, and related to or arising out of any conduct or activities on, through or by use of your KySwapShop.com account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by KySwapShop.com or KySwapShop.com Representatives.
4. POSTING AND ACCOUNTS
This section 4 applies to all uses and users of KySwapShop.com, unless KySwapShop.com has specifically authorized an exception to a particular term for a particular user in a written agreement. KySwapShop.com has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.
KySwapShop.com is intended and designed as a local service. A user may post content only to the single specific geographic area offered on KySwapShop.com for which that content is most relevant. The same or substantially similar content (for example, an ad for a particular item or service, a particular offer, a particular message or a particular comment) may not be posted to or communicated via more than one such geographic area. Content that is equally relevant to multiple (i.e., more than one) geographic areas should not be posted on KySwapShop.com.
The same or substantially similar content may not be posted in more than one KySwapShop.com category. A user may post content only in the single KySwapShop.com category to which it is most relevant, and must not post content to inappropriate categories. For example, content advertising classes or vocational training must be posted under the "classes" category of the "community" section and may not be posted in any "jobs" category. Likewise, content advertising auto financing must be posted under the "financial" category of the "services" sections and not under "cars/trucks" category in the "for sale" section. Similarly, services relating to real estate must be posted under "real estate" category of the "services" section and may not be posted to any category within the "housing" section.
A user may post the same or substantially similar content no more than once every 48 hours.
Users may not circumvent any technological measure implemented by KySwapShop.com to restrict the manner in which content may be posted on KySwapShop.com or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent KySwapShop.com accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."
It is expressly prohibited for any third party to post content to KySwapShop.com on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.
It is expressly prohibited to post content to KySwapShop.com using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to KySwapShop.com for each instance of access to KySwapShop.com (by any user or other third party) using that automated means.
Affiliate marketing is expressly prohibited on KySwapShop.com. Users may not post content or communicate with any KySwapShop.com user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
A user may maintain and use no more than one account, including a telephone or phone-verified account ("PVA"), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the Term Of Use.
A user is responsible of any data overages, spam, damages if he/she may choses the option to receive text or calls when posting an item for sell
A user may create an account, including a PVA, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited.
A user must only use his/her own account or PVA, and may not use any account or PVA of another.
The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited.
A user must create his/her account or PVA personally and manually and may not create accounts or PVAs by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any PVA using his/her own valid telephone number. The creation of a PVA using a telephone number that is not the user's own, a telephonic forwarding service or system, or a temporary/disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or PVA creation process is also expressly prohibited.
A user shall not "flag" (or otherwise seek removal of) content on KySwapShop.com without a personal, good-faith belief that the content violates the Term Of Use. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others.
A user may flag a specific item of content only once.
A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever).
5. UNAUTHORIZED ACCESS AND ACTIVITIES
This section 5 applies to all uses and users of KySwapShop.com, unless KySwapShop.com has specifically authorized an exception to a particular term for a particular user in a written agreement. KySwapShop.com has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.
To maintain the integrity and functionality of KySwapShop.com for its users, access to KySwapShop.com and/or activities related to KySwapShop.com that are harmful to, inconsistent with or disruptive of KySwapShop.com and/or its users' beneficial use and enjoyment of KySwapShop.com are expressly unauthorized and prohibited. For example, without limitation:
The collection of KySwapShop.com users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
Any copying, aggregation, display, distribution, performance or derivative use of KySwapShop.com or any content posted on KySwapShop.com whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access KySwapShop.com without individual written agreements executed with KySwapShop.com that specifically authorize an exception to this prohibition if, in all cases and individual instances:
(a) they provide a direct hyperlink to the relevant KySwapShop.com website, service, forum or content;
(b) they access KySwapShop.com from a stable IP address using an easily identifiable agent; and
(c) they comply with KySwapShop.com's robots.txt file; provided however, that KySwapShop.com may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access KySwapShop.com without their own written agreement executed with KySwapShop.com), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.
Any access to or use of KySwapShop.com to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with KySwapShop.com (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access KySwapShop.com or copy, display, distribute, perform or create derivative works from KySwapShop.com webpages or other KySwapShop.com intellectual property in violation of the Term Of Use or for purposes inconsistent with the Term Of Use, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on KySwapShop.com or any provision of the Term Of Use that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of KySwapShop.com webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of KySwapShop.com pursuant to 17 U.S.C. § 1201.
Any effort to decompile, disassemble or reverse engineer all or any part of KySwapShop.com in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of KySwapShop.com in compliance with the Term Of Use or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of KySwapShop.com in any manner are expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the Term Of Use.
6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
KySwapShop.com and KySwapShop.com Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold KySwapShop.com and KySwapShop.com Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by KySwapShop.com or KySwapShop.com Representatives.
7. ACCEPTABLE USE
When accessing or using the KySwapShop Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:
If you violate any of the foregoing, KySwapShop reserves the right to suspend or terminate your right to access and use the KySwapShop Service immediately without notice, and you will have infringed KySwapShop’s intellectual property and other rights, which may subject you to prosecution and damages. KySwapShop also reserves the right to take any remedies it deems appropriate under the circumstances if you have purchased or sold items that are in violation of this Section 7. KySwapShop reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the KySwapShop Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that KySwapShop is not responsible or liable for the conduct of, or your interactions with, any users of the KySwapShop Service (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the KySwapShop Service will not contain any content that is prohibited by these Terms.
YOUR ACCESS TO, USE OF AND RELIANCE ON KySwapShop.com AND CONTENT ACCESSED THROUGH KySwapShop.com IS ENTIRELY AT YOUR OWN RISK.
KySwapShop.com (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, KySwapShop.com ALSO DISCLMAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF KySwapShop.com AND CONTENT ACCESSED THROUGH KySwapShop.com; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF KySwapShop.com OR CONTENT ACCESSED THROUGH KySwapShop.com; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF KySwapShop.com OR CONTENT ACCESSED THROUGH KySwapShop.com (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON KySwapShop.com OR IN CONTENT).
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
9. LIMITATIONS OF LIABILITY
KySwapShop.com AND THE KySwapShop.com REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON KySwapShop.com OR CONTENT ACCESSED THROUGH KySwapShop.com BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO KySwapShop.com OR CONTENT ACCESSED THROUGH KySwapShop.com, INCLDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF KySwapShop.com OR ANY KySwapShop.com REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF KySwapShop.com OR CONTENT ACCESSED THROUGH KySwapShop.com; ANY INABILITY TO ACCESS OR USE KySwapShop.com OR CONTENT ACCESSED THROUGH KySwapShop.com; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF KySwapShop.com OR CONTENT ACCESSED THROUGH KySwapShop.com.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF KySwapShop.com OR CONTENT ACCESSED THROUGH KySwapShop.com (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON KySwapShop.com AND LINKS IN CONTENT ACCESSED THROUGH KySwapShop.com).
You hereby release KySwapShop.com and each of the KySwapShop.com Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to KySwapShop.com or content accessed through KySwapShop.com, or any interactions with others arising out of or related to KySwapShop.com or content accessed through KySwapShop.com, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "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."
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please email the administration ( kyhub [at] gmail [dot] com )
11. INJUNCTIVE RELIEF
You acknowledge and agree that any violation or breach of the Term Of Use may cause KySwapShop.com immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the Term Of Use or other applicable legal requirements, KySwapShop.com has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the Term Of Use. In addition to any and all other remedies available to KySwapShop.com in law or in equity, KySwapShop.com may seek specific performance of any term in the Term Of Use, including but not limited to by preliminary or permanent injunction.