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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.