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Monday, 26 November 2007 |
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AGREEMENT BETWEEN USER AND LYBACH
The LYBACH Web Site is comprised of various Web pages operated by LYBACH.
The LYBACH Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use
of the LYBACH Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
LYBACH reserves the right to change the
terms, conditions, and notices under which the LYBACH Web Site is offered,
including but not limited to the charges associated with the use of the LYBACH
Web Site.
LINKS TO THIRD PARTY SITES
The LYBACH Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of LYBACH and LYBACH
is not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. LYBACH is not responsible for webcasting or any other form of
transmission received from any Linked Site. LYBACH is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by LYBACH of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the LYBACH Web Site, you warrant to LYBACH that
you will not use the LYBACH Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the LYBACH
Web Site in any manner which could damage, disable, overburden, or impair the LYBACH
Web Site or interfere with any other party's use and enjoyment of the LYBACH
Web Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the LYBACH
Web Sites.
USE OF COMMUNICATION SERVICES
The LYBACH Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such as rights of privacy and publicity)
of others.
- Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
- Upload files that contain software or
other material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto or have
received all necessary consents.
- Upload files that contain viruses,
corrupted files, or any other similar software or programs that may damage
the operation of another's computer.
- Advertise or offer to sell or buy any
goods or services for any business purpose, unless such Communication
Service specifically allows such messages.
- Conduct or forward surveys, contests,
pyramid schemes or chain letters.
- Download any file posted by another
user of a Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner.
- Falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in
a file that is uploaded.
- Restrict or inhibit any other user from
using and enjoying the Communication Services.
- Violate any code of conduct or other
guidelines which may be applicable for any particular Communication
Service.
- Harvest or otherwise collect
information about others, including e-mail addresses, without their
consent.
- Violate any applicable laws or
regulations.
LYBACH
has no obligation to monitor the Communication Services. However, LYBACH
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. LYBACH reserves the right to
terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
LYBACH reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in LYBACH's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. LYBACH does not control
or endorse the content, messages or information found in any Communication
Service and, therefore, LYBACH specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized LYBACH
spokespersons, and their views do not necessarily reflect those of LYBACH.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO LYBACH OR POSTED AT ANY LYBACH WEB SITE
LYBACH does not claim ownership of the materials you provide to LYBACH
(including feedback and suggestions) or post, upload, input or submit to any LYBACH
Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting LYBACH, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. LYBACH is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in LYBACH's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE LYBACH WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LYBACH AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LYBACH WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE LYBACH WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LYBACH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE LYBACH WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LYBACH
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LYBACH
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LYBACH WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE LYBACH WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LYBACH WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE LYBACH WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LYBACH OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LYBACH WEB SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE LYBACH WEB SITE.
SERVICE CONTACT :
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TERMINATION/ACCESS RESTRICTION
LYBACH reserves the right, in its sole discretion, to terminate your access to
the LYBACH Web Site and the related services or any portion thereof at any
time, without notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to the use of the
LYBACH Web Site. Use of the LYBACH Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and LYBACH
as a result of this agreement or use of the LYBACH Web Site. LYBACH's
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of LYBACH's right to
comply with governmental, court and law enforcement requests or requirements relating
to your use of the LYBACH Web Site or information provided to or gathered by LYBACH
with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and LYBACH with respect to the LYBACH Web Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and LYBACH with respect to the
LYBACH Web Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent an d subject to the
same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the LYBACH Web Site are: Copyright 2007 by LyBach and/or its
suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
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Last Updated ( Sunday, 19 July 2009 )
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