Terms
and Conditions
Welcome to Germanicans.com. You must read and agree to these terms
and conditions before you may access or view our site or sites. Please
read them carefully. By visiting the Germanicans.com site, you are
agreeing to its terms. This Agreement is subject to change at any time,
and changes are effective upon posting. Bookmark this page and check
it frequently as it is up to you to refer to this page for any amendments/changes
to the original Agreement.
1.
Eligibility
Any individual of any gender, race, sexual preference, religion,
or creed with access to a computer that has internet access may
join the Germanicans.com site. The only prerequisite to be a member
of the site is that the user must be at least 13 years old at time
of membership. Accounts found to be held by users under the age
of 13 will be suspended.
2. Termination
Germanicans.com reserves the right to terminate your access to the
site for any reason or no reason. The right to terminate your access
to the site is absolute and under the complete discretion of Germanicans.com
3.
Non-Commercial Use by Members/Viewers
The Germanicans.com site is for the personal use of viewers only and
may not be used in connection with any commercial endeavors. Organizations,
companies, and/or businesses may not use the site for any purpose including
but not limited to: sending unsolicited commercial e-mail to viewers,
sending advertisements for other web sites and services in this site's
chat rooms, or using personal identifying information for commercial
purposes.
4. Proprietary Rights of Content on Germanicans.com:
The trademarks, logos, and service marks (collectively the "Trademarks")
displayed on the Site are registered and unregistered Trademarks of
Germanicans.com and others. Nothing contained on the Site should be
construed as granting, by implication, estoppel, or otherwise, any
license or right to use any Trademark displayed on the Site without
the written permission of Germanicans.com or such third party that
may own the Trademarks displayed on the Site. Your misuse of the Trademarks
displayed on the Site, or any other content on the Site, except as
provided in these Terms and Conditions, is strictly prohibited.
5. Content posted on the site:
A) Germanicans.com claims immunity from liability to the fullest extent
under the law and as provided under the law for all content on the
Site, included, but not limited to, content provided by third parties
and viewers and nothing in this agreement is intended to waive, remove,
or usurp such immunity. You understand and agree that Germanicans.com
may delete any content, messages, photos or profiles (collectively, "Content")
that in the sole judgment Germanicans.com violates this Terms of
Use or which might be offensive, illegal, or that might violate the
rights, harm, or threaten the safety of Germanicans.com and/or its
members.
B)
You are solely responsible for the content that you publish or display
(hereinafter, "post")
on the Germanicans.com site, or transmit to Germanicans.com Viewers.
C)
The following is a partial list of the kind of content that is illegal
or prohibited on the site - it includes content that: is patently
offensive to the online community, such as content that promotes
racism, bigotry, hatred or physical harm of any kind against any
group or individual; harasses or advocates harassment of another
person or invades their privacy; involves the transmission of "junk mail", "chain
letters," or unsolicited commercial e-mail or "spamming";
promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous; promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files; contains restricted or password only access pages, or
hidden pages or images (those not linked to or from another accessible
page); displays pornographic or sexually explicit material of any kind;
provides material that exploits people under the age of 18 in a sexual
or violent manner, or solicits personal information from anyone under
18; provides content that involves cursing, swearing, incest, falsifying
gender, violence, necrophilia, impersonating another member, threat
of suicide or harm to oneself or others, drug paraphernalia, or beastiality;
provides instructional information about illegal activities such as
making or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses; solicits passwords or personal identifying
information for commercial or unlawful purposes from other users; sending
advertisements in chat or instant messaging messages; and engages in
commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
D)
You must use the Germanicans.com site in a manner consistent with any
and all applicable laws and regulations.
E) While Germanicans.com uses
reasonable efforts to include accurate and up to date information in
the Site, Germanicans.com makes no warranties or representations as
to its accuracy. Germanicans.com assumes no liability or responsibility
for any errors or omissions in the content of the Site.
F) You may not
engage in advertising to, or solicitation of, other members to buy
or sell any products or services through the site. You will not
transmit any chain letters or junk email to other Germanicans.com viewers.
Although Germanicans.com cannot monitor the conduct of its viewers
off the Germanicans.com site, it is also a violation of these rules
to use any information obtained from the site in order to harass,
abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to any member without their prior explicit consent.
6. Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights
or otherwise have a valid basis under the law, including "fair
use". Without limiting the foregoing, if you believe that your
work has been copied and posted on the Germanicans.com site in a
way that constitutes copyright infringement, please provide our Copyright
Agent with the following information consistent with the Digital
Millennium Copyright Act (DMCA): an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim has
been infringed; a description of where the material that you claim
is infringing is located on the our site including the URLs of web
pages and/or hyperlinks; your address, telephone number, and email
address; a written 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; a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's
behalf. Germanicans.com's Copyright Agent for Notice of claims of
copyright infringement can be reached as follows:
DMCA AGENT
Germanicans.com
forum@germanicans.com
It is
the intention of Germanicans.com to fully comply with the DMCA, including
the Notice and "take down" provisions and to benefit
from the safe harbors immunizing it from liability to the fullest extent
provided by law, and to the extent the Notice and "take down" requirements
above deviate from the requirements under the DMCA then the Notice
requirements as provided by the DMCA shall control and are herein incorporated
by reference.
7. Disputes:
Germanicans.com does not control the information provided by other
users that are made available through our system. You may find other
user's information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and safety when using our site.
You are solely responsible for your interactions with other Germanicans.com
users. Because Germanicans.com is not involved in user interactions,
in the event that you have a dispute with one or more members or
those who have posted, viewed, or used information on the Germanicans.com
site, you release Germanicans.com, including its officers, directors,
agents, subsidiaries and employees,
from claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such
disputes. If you are a California resident, you waive California
Civil Code § 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." Germanicans.com reserves the
right, but has no obligation, to monitor disputes between you and
other members.
8. Privacy:
Use of the Germanicans.com site is governed by our privacy policy which
may change from time to time upon electronic notice to you.
9. Disclaimers:
GERMANICANS.COM,
INCLUDING ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND EMPLOYEES,
IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED
ON THE SITE OR IN CONNECTION WITH THE GERMANICANS.COM SERVICE, WHETHER
CAUSED BY USERS, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING
ASSOCIATED WITH OR UTILIZED IN THE SERVICE, NOR FOR THE CONDUCT OF
ANY USER AND/OR VIEWER OF THE GERMANICANS.COM SERVICE WHETHER ONLINE
OR OFFLINE. GERMANICANS.COM ASSUMES NO RESPONSIBILITY FOR ANY ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, OR ALTERATION OF, USER AND/OR MEMBER COMMUNICATIONS. GERMANICANS.COM
IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY
TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE-SYSTEMS, SERVERS OR
PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS
ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET
OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE
TO USERS AND/OR VIEWERS OR TO ANY OTHER PERSON'S COMPUTER RELATED
TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION
WITH THE GERMANICANS.COM SITE. UNDER NO CIRCUMSTANCES IS GERMANICANS.COM
RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S USE OF
THE SITE OR THE SERVICE AND/OR ANY CONTENT POSTED ON THE GERMANICANS.COM
SITE OR TRANSMITTED TO GERMANICANS.COM USERS.
THE FORUM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
IN NO EVENT WILL GERMANICANS.COM, OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING THE FORUM BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
FORUM.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER GERMANICANS.COM, NOR
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE
LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF,
THE INFORMATION CONTAINED WITHIN THE FORUM, OR FOR ANY DELAY OR INTERRUPTION
IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES
ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES
SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES. GERMANICANS.COM, ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED
ON THE INFORMATION PROVIDED. NEITHER,GERMANICANS.COM, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE
TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM
THE USE OF THE INFORMATION.
10.
Indemnity:
You agree to indemnify and hold Germanicans.com, its subsidiaries,
affiliates, officers, agents, and other partners, and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your
use of the service in violation of this Agreement and/or arising from
a breach of these Terms of Use and/or any breach of your representations
and warranties set forth above.
11.
Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by
email to:
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forum@germanicans.com
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Germanicans.com may at any time revise these Terms and Conditions by
updating this posting. You are bound by any such revisions and should
therefore periodically visit this page to review the then current Terms
and Conditions to which you are bound.
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