Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CaliforniaGermans, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
1. Responsibility of Contributors. If you comment on a blogpost, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
◦ the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
◦ if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
◦ you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
◦ the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
◦ the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
◦ the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
◦ your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
◦ your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
◦ you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by CaliforniaGermans or otherwise.
2. By submitting Content to CaliforniaGermans for inclusion on the Website, you grant CaliforniaGermans a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. Without limiting any of those representations or warranties, CaliforniaGermans has the right (though not the obligation) to, in CaliforniaGermans’ sole discretion (i) refuse or remove any content that, in CaliforniaGermans’ reasonable opinion, violates any CaliforniaGermans policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in CaliforniaGermans’ sole discretion. CaliforniaGermans will have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of Website Visitors. Links To Other Websites. CaliforniaGermans has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. Our Website may contain links to third-party websites or services that are not owned or controlled by CaliforniaGermans. CaliforniaGermans has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that CaliforniaGermans shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or though any such websites or services. CaliforniaGermans does not represent or imply that it endorses the material posted on third-party websites or services, or that it believes material there to be accurate, useful or non-harmful. We strongly advise you to read the terms and conditions, and privacy policies of an third-party websites or services that you visit. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CaliforniaGermans disclaims any responsibility for any harm resulting from your use of non-CaliforniaGermans websites and webpages.
4. Copyright Infringement and DMCA Policy. As CaliforniaGermans asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CaliforniaGermans.com violates your copyright, you are encouraged to notify CaliforniaGermans in accordance with CaliforniaGermans’ Digital Millennium Copyright Act (“DMCA”) Policy. CaliforniaGermans will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CaliforniaGermans will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CaliforniaGermans or others. In the case of such termination, CaliforniaGermans will have no obligation to provide a refund of any amounts previously paid to CaliforniaGermans.
5. Intellectual Property. All contents in this Website is Copyright © 2009-2018 CaliforniaGermans.com. All Rights Reserved. Reproduction in whole or in part in any form or medium without express written permission of CaliforniaGermans.com is prohibited. This Agreement does not transfer from CaliforniaGermans to you any CaliforniaGermans or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CaliforniaGermans. CaliforniaGermans, CaliforniaGermans.com, the CaliforniaGermans.com logo, and all other trademarks, service marks, graphics and logos used in connection with CaliforniaGermans.com, or the Website are trademarks or registered trademarks of CaliforniaGermans or CaliforniaGermans’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CaliforniaGermans or third-party trademarks.
6. Advertisements. CaliforniaGermans reserves the right to display advertisements. CaliforniaGermans is also a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn fees by linking to amazon.com and affiliated sites.
7. Changes. CaliforniaGermans reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. CaliforniaGermans may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. CaliforniaGermans may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, including without limitation if you breach the Terms, effective immediately. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers indemnity and limitations of liability. If you wish to terminate this Agreement or your CaliforniaGermans.com account (if you have one), you may simply discontinue using the Website.
9. Disclaimer of Warranties. The Website is provided “as is”. Our site is known by the name “CaliforniaGermans.com“, “CaliforniaDeutsche.com“, “CAGermans.com“, and “CADeutsche.com“. Any opinions expressed within the Website and its blog are those of the respective author and do not necessarily reflect the points of view of CaliforniaGermans or any organization we might be affiliated with. Please be aware that information provided by this Website and blog is subject to change. We recommend that you do not take any information held within as a definitive guide to the law or the relevant matter being discussed. All data, information and content provided on this site is for entertainment and informative purposes only. We make no representations as to accuracy, completeness, timeliness, suitability, or validity of any information/content on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. CaliforniaGermans and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CaliforniaGermans nor its suppliers and licensors, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
10. Limitation of Liability. By using and accessing this Website and its blog, you agree at all times to indemnify and hold harmless CaliforniaGermans, as well as any related parties, from and against any and all claims related to this Website or its Content. In no event will CaliforniaGermans, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; CaliforniaGermans shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary or any other damages arising out of your use of the site or service. Additionally, CaliforniaGermans is not liable for damages in connection with (i) any failure of performance, error, omissions, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwilll or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if CaliforniaGermans has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion of limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
12. Indemnification. You agree to indemnify and hold harmless CaliforniaGermans, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
13. Miscellaneous. This Agreement constitutes the entire agreement between CaliforniaGermans and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CaliforniaGermans, or by the posting by CaliforniaGermans of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California. U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Santa Ana, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CaliforniaGermans may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.