This E-Group service is provided by Davitt Publications ("German Corner") to you ("you" or "user"), subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time. Davitt Publications E-Groups are currently is provided as a free service to users who agree to abide by the terms and conditions of this Agreement. Davitt Publications reserves the right to change the nature of this relationship at any time. Users who violate the terms of this Agreement will have their account canceled and they may permanently be banned from using Davitt Publications services. THE USE OF ANY E-GROUPS OWNED OR OPERATED BY DAVITT PUBLICATIONS WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT SIGN UP AS A MEMBER.
You are entirely responsible and liable for all activities conducted through your Account. Listed below are some, though not all, violations which may result in terminating your Account. You agree not to do any of the following actions while using Davitt Publications E-Groups: (1) harass, threaten, embarrass or cause distress or discomfort upon another listserver participant, user, or other individual or entity; (2) transmit via Davitt Publications any information, data, text, files, links, software, chat, communication or other materials ("Content") that Davitt Publications considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable; (3) impersonate on Davitt Publications E-Groups any person, including but not limited to, a Davitt Publications official, forum leader or host; (4) disrupt the normal flow of dialogue on a Davitt Publications E-Groups or otherwise act in a manner that negatively affects other participants; (5) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation Davitt Publications listserver; and (6) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing Davitt Publications E-Groups or in connection with your use of Davitt Publications E-Groups in any manner.
You agree that you will not upload or transmit any Content to Davitt Publications E-Groups that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to any list, you automatically grant -- or warrant that the owner of such Content has expressly granted -- Davitt Publications the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
You and any user of your Account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Davitt Publications shall not be responsible for any Content. Davitt Publications reserves the right to prescreen or monitor the Content, but not the responsibility, to remove Content which is deemed in Davitt Publication's sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules Davitt Publications has in place at the time. Davitt Publications may elect at its sole discretion to monitor some, all, or no areas of Davitt Publications E-Groups for adherence to this Agreement or Davitt Publication's rules.
DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT USE OF DAVITT PUBLICATIONS E-GROUPS ARE AT YOUR OWN RISK. DAVITT PUBLICATIONS SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND ON DAVITT PUBLICATIONS E-GROUPS. DAVITT PUBLICATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. DAVITT PUBLICATIONS MAKES NO WARRANTY THAT DAVITT PUBLICATIONS E-GROUPS WILL MEET YOUR REQUIREMENTS, OR THAT DAVITT PUBLICATIONS LISTERVER WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DAVITT PUBLICATIONS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DAVITT PUBLICATIONS E-GROUPS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH DAVITT PUBLICATIONS E-GROUPS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAVITT PUBLICATIONS E-GROUPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DAVITT PUBLICATIONS E-GROUPS IS DONE AT YOUR OWN DISCRETION AD RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT.
LIMITATION OF LIABILITY: TO THE FULL EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, DAVITT PUBLICATIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE DAVITT PUBLICATIONS LISTSERVER OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH DAVITT PUBLICATIONS E-GROUPS OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTIES, EVEN IF DAVITT PUBLICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In cases where you have authorized another individual, including a minor, to use your Account, you recognize that you are fully responsible for: (i) the online conduct of such user; (ii) controlling the users access to and use of Davitt Publications E-Groups; and (iii) the consequences of any misuse. You further recognize that the holder of the Account is entirely responsible for activities conducted through such Account. YOU ACKNOWLEDGE THAT SOME AREAS OF DAVITT PUBLICATIONS E-GROUPS MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
This Agreement shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions, and you agree to submit to the personal jurisdiction of the courts of the state of California for any cause or action arising out of this Agreement. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
WHAT TO DO:
If you witness a message or discussion that violates this Agreement or the Davitt Publications rules then in effect, please email the offending person's identification and cut and paste the relevant content into an email to firstname.lastname@example.org. Davitt Publications cannot guarantee that any action will be taken as a result of your email.
Please refer to this Agreement from time to time for any updates Davitt Publications may make to this Agreement and to Davitt Publications E-Groups rules.