Agreement for Use of GermanyinNYC Website ("GNYC Website") between The German-American Project, Inc. ("GAPI") and USER
Your use of the GNYC Website is conditioned on your acceptance without modification of the terms and conditions contained herein. Your access to and use of the GNYC Website shall be deemed to indicate your acceptance of all such terms and conditions. PROPRIETARY RIGHTS NOTICES All contents of the GNYC Website are: Copyright 2004 The German-American Project, Inc. and/or Independent Providers of Content ("IPCs"), 515 Madison Avenue, 34th Floor, New York, NY 10022, U.S.A. All rights reserved.
You acknowledge that: (i) The GNYC Website contains information, communications, software, photos, graphics and other material and services (collectively "Content"); (ii) Such Content is provided under license by IPCs, other users, GAPI and its affiliates; (iii) At minimum, GAPI owns a copyright in the selection, coordination, arrangement, and enhancement of such Content; (iv) GAPI permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); (v) These Rights are valid and protected in all media and technologies existing now or later developed; and (vi) Except as explicitly provided otherwise, this Agreement, applicable copyright and other laws govern your use of Content.
USE OF INFORMATION
You agree to use the GNYC Website only for personal, non-commercial, lawful purposes. Accordingly, you may not: (1) post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content; (2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user of the GNYC Website or other person or entity; (3) post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by GAPI to be offensive; (4) Upload files that contain software or other material protected by Intellectual Property laws or other applicable laws unless the user owns or controls the rights thereto or has received all necessary consents; (5) Upload files that contain corrupted files, viruses or any other similar software files the intent of which is to damage the operation of another's computer; (6) post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; (7) post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, except in those areas that, in future, may be expressly designated for such a purpose, or collect or harvest screen names of other users, without permission; (8) Falsify the origin or source of software or other material contained in a file that is uploaded; (9) violate any operating rule, policy or guideline of any other interactive service; (10) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law; or (11) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the GNYC Website.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE GNYC Website IS AT YOUR SOLE RISK. THE GNYC Website AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL GAPI AND/OR ITS IPCS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE GNYC Website OR WITH ANY DELAY OR INABILITY TO USE THE GNYC Website. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GAPIÕS LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. GAPI DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE GNYC Website, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
User agrees to defend, indemnify and hold harmless GAPI, its affiliated companies, its employees, contractors, officers, directors and IPCs from all liabilities, claims and expenses, including attorneys fees, that arise from your use of the GNYC Website. GAPI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. In such event, you shall have no further obligation to provide indemnification for such matter.
GAPI respects the intellectual property of others, and we ask our members to do the same. GAPI may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
NOTICE CONCERNING THIRD PARTY MATERIALS
Many materials on this site were prepared by one or more independent third parties; and we are not responsible for their content. We are providing these materials to you as a convenience We did not investigate or verify the information in any such materials and the inclusion of any material does not imply that we endorse it. The sponsors of this site make no representation as to the accuracy of the information in the materials. The sponsors do not, do not intend to, and expressly disclaim any duty to update or correct such information.
NOTICE CONCERNING LINKS TO THIRD PARTY SITES
The sponsors of the site have no control over information at sites hyperlinked to or from this one. The sponsors make no representation, and are not responsible for, the quality, content, nature or reliability of any hyperlinked site or of any website linked to a hyperlinked site. The sponsors are providing selected hyperlinks to you only as a convenience, and the inclusion of any hyperlink does not imply any endorsement, investigation, verification or monitoring by the members of any information contained in any hyperlinked site. In no event shall the sponsors be responsible for your use of a hyperlinked site.