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1. Terms of Use
Welcome to this 2000grad site. These are the terms and conditions that
you must follow if you use my site. By accessing this Website, you agree
to the following terms and conditions. If you do not agree, please exit
this Website.
2. Ownership of My Site
This site is owned and operated by Henrich
C. Poehls (referred to as "Poehls", "I", "2000grad","OWNER" and "my").
Unless otherwise indicated, all content included on my site, such as photographs,
illustrations, Macromedia FLASH-films and other animations, images, text,
HTML-code, scripts, audio clips, video clips, software and other material
(referred to collectively as the "CONTENT") is owned by Henrich C. Poehls,
third-party content-providers and/or its contributors ('OWNER'). All CONTENT
is protected persuant to US and international copyright and trademark
laws. For the protection of Henrich C. Poehls and the content-providers,
images may be watermarked and/or digitally watermarked. The OWNER is intended
not to use any copyrighted material for the publication or, if not possible,
to state and indicate the copyright of the respective object. If you however
find a copyrighted object, which is unindicated, this means that 200grad
was not able to determine the correct copyright at that time. When 200grad
receives notice that such an unintended copyright violation has occored,
2000grad will remove the copyrighted object or indicate the proper copyrigt.
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
3. Authority to Download
Except for music and video, you are authorised to download or copy one
copy of the CONTENT of this WebSite on a single computer for your personal,
non-commercial home use only, provided you retain all credits, trademark,
copyright notices and/or other proprietary notices associated with the
CONTENT.
4. No other copying
Excepting the above limited uses, you may not modify, copy, distribute,
republish, reproduce, transmit, upload or otherwise exploit any of the
CONTENT on this WebSite in any way, without the prior consent of OWNER
in writing. No intellectual property or other rights shall be transferred
to you. In particular, you may not include the CONTENT in any other publication
or product, or on any other WebSite or computer network. In addition,
you must abide all other terms, conditions, and restrictions contained
in any other agreement associated with the CONTENT throughout my site.
5. POSTINGS
To the extent that portions of this WebSite (such as 'messaging', 'chat
rooms' or 'bulletin boards') provide users an opportunity to post and
exchange information, ideas and opinions (referred to as 'POSTINGS'),
BE ADVISED THAT OWNER DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR
TO THEIR APPEARANCE ON THIS WEBSITE. POSTINGS DO NOT NECESSARILY REFLECT
THE VIEWS OF OWNER. To the fullest extent permitted by applicable
laws, OWNER excludes all responsibility and liability for the POSTINGS
or for any losses or expenses resulting from their use and/or appearance
on this Site.
6. Your Use of the POSTINGS
For parties posting material on this WebSite the following terms additonally
apply.
The OWNER reserves the right to monitor all materials posted on this Website
('POSTINGS') and to remove any which it considers in its absolute discretion
to be offensive or otherwise in breach of these terms and conditions.
You hereby represent and warrant that you have all necessary rights in
and to all POSTINGS you provide and all material they contain and that
such POSTINGS shall not infringe any proprietary or other rights of third
parties.
POSTINGS shall not contain any viruses or other contaminating or destructive
devices or features. Material contained in POSTINGS shall not be defamatory,
indecent, offensive, tortious, or otherwise unlawful. POSTINGS shall not
be used to carry out or solicit any unlawful activity.
You hereby authorise OWNER to use and/or authorise others to use all or
part of your POSTINGS in any manner, format or medium that OWNER or such
other parties see fit. You shall have no claim or other recourse against
OWNER for infringement of any proprietary right in POSTINGS.
You agree to indemnify and keep indemnified OWNER against all claims,
charges, demands, damages, liabilities, losses and expenses of whatever
nature and howsoever arising (including but not limited to any legal or
other professional fees and the cost of defending or prosecuting any claim
and any loss of profit, goodwill and any other direct or consequential
loss) incurred or suffered by OWNER directly or indirectly by reason of
any act or omission which you commit in breach of these terms and conditions
and the obligations and warranties contained in them.
You may use POSTINGS for your personal, non-comercial home use only. You
may not use the provided messaging functions to send any chain letters,
commercial solicitation, mass mailing, or any form of "spam" or other
mass mailings. You are solely responsible for the content of any POSTINGS
you send via the 2000grad website. You may not use the 2000grad messaging
functions to send messages that are illegal, obscene, threatening, abusive,
invasive of privacy or publicity rights, profane, defamatory, or that
infringe upon or violate the rights of any third party. You agree to defend,
indemnify and hold OWNER and its affiliates, directors, officers, employees,
and agents harmless against any and all claims asserted against 2000grad
and its affiliates, directors, officers, employees, and agents as a result
of your use of the 2000grad WebSite, including without limitation any
claims relating to the content of any POSTINGS that you send using the
messaging facilities of the 2000grad WebSite.
7. NO WARRANTIES
THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS
WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE 'AS IS.'
THE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE
AND ANY WEBSITE WITH WHICH IT IS LINKED.
THE OWNER ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE
INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT
IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. The OWNER is not responsible
for any contents linked or referred to from his pages - unless he has
full knowlegde of illegal contents and would be able to prevent the visitors
of his site from viewing those pages.
It is your responsibility to evaluate (or take professional advice on)
the accuracy and completeness of all information, opinions and other material
on this WebSite or any Website with which it is linked. If any damage
occurs by the use of information presented on linked or referred pages,
only the author of the respective pages might be liable, not the one who
has linked to these pages. The OWNER is providing these Links to you only
as a convinience, and the inclusion of any link does not imply endorsemnt
by the OWNER.
Any information presented on this publication (including prices, offers
or the publication at whole) is subject to change (extension, part or
complete deletion) without prior notice. Your statutory rights as a consumer,
if any, are not affected by these provisions, and OWNER does not seek
to exclude or limit liability for fraudulent misrepresentation.
Further, OWNER makes no representations or warranties that the functional
aspects of the site will be uninterrupted or error-free, or that my site
or the server that makes it available are free of viruses or other harmful
components. (Because some jurisdictions do not allow for the exclusion
of implied warranties, some of these exclusions may not apply to you.)
You hereby acknowledge that your use of this site is at your own risk.
8. Exclusion of Liability
To the fullest extent permitted by applicable laws, OWNER on behalf of
its employees, agents, suppliers, and contractors exclude liability for
any losses and expenses of whatever nature and howsoever arising, including
without limitation any direct, indirect, special, punitive, or consequential
damages, loss of use, loss of data, loss caused by a virus, loss of income
or profit, loss of or damage to property, claims of third parties, or
other losses of any kind or character, even if OWNER has been advised
of the possibility of such damages or losses, arising out of or in connection
with the use of this Website or any Website with which it is linked. You
assume total responsibility for establishing such procedures for data
back up and virus checking as you consider necessary.
9. Additional Terms
You are bound by this agreement when you access my site and until you
have destroyed all CONTENT that you have downloaded or copied from the
2000grad WebSite; you are, in addition, bound by this agreement whether
you downloaded or copied the CONTENT under the terms of this agreement
or otherwise. You agree that the courts of Germany shall have exclusive
jurisdiction to resolve any controversy or claim of whatever nature arising
out of or relating to use of this Website, and that the laws of Germany
shall govern such controversy or claim. I reserve the right to make changes
to my site and to this agreement at any time without any notice.
10. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication,
which you were referred from. If sections or individual terms of this
statement are not legal or correct, the content or validity of the other
parts remains uninfluenced by this fact.
Henrich
C. Poehls
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