Ownership of the System and Access License
You understand and agree that Company owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the Services, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.
You acknowledge that the System and the Services are proprietary to Company and are protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the System or the Services by accessing and using either. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites.
Use of the System and Services
Company reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, the Services, or any portion thereof, for any reason; (ii) modify or change the System, the Services, or any portion thereof, and any applicable policies or terms; and (iii) interrupt the operation of the System, the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
You represent and agree that all information that you provide to Company in connection with your access to and use of the System and the Services is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief.
Any use or attempted use of the System and/or the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System or the Services; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Company to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the System and the Services, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use any of the System’s or Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses;
- Use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of Company;
- Attempt to gain any unauthorized access to the System, the Services or any of its associated Content, including computer systems, software, or networks; or
- Use any robot, spider, scraper, or other automated or manual means to access the System or the Services, or copy any Content or information thereon.
Accounts, Passwords, and Security
In order to utilize certain Services, you may need to set up an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Company immediately upon learning of any unauthorized use of your account, login ID, or password or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by Company or any other person or entity due to another person using your account, login ID, or password.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. You may not transfer or assign your account.
Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you are under 18, you may use the Services only with involvement of a parent or guardian.
Representations and Warranties
You represent and warrant that any information, materials, software, or data that you submit to or through the System, or that you access, use, download, or otherwise obtain on or through the System, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
The information and materials available through the System and the Services are for informational and educational purposes only. You acknowledge and agree that your use of the System and Services is at your own risk.
The information, software, CONTENT, SERVICES, or materials available from or provided on the System or via the Services, ARE provided “AS IS” and “AS AVAILABLE”, without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade.
CMPANY AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, secure, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. Company PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, Company ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. Company SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM OR THE SERVICES.
Limitation of Liability
The System and the Services could include technical inaccuracies or typographical errors. Company shall have no liability in connection with any such inaccuracies or errors, nor shall Company have any obligation to identify and/or correct any such inaccuracies or errors.
Links to Other Websites
For your convenience, certain hyperlinks may be provided on the System and Services that link to other websites or social media platforms which are not under the control of Company (the “Linked Websites”). Company does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Company disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against Company arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the System and Services do not imply that: (a) Company is affiliated or associated with any Linked Website; (b) Company is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of Company.
Links to the Websites
Neither you nor any other website may link to the Site without the permission of Company. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) “deep link” to any page of the Site other than the home page; (b) “frame” the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to Company or any entity that is affiliated or associated with Company; or (d) otherwise imply or state that any type of relationship or special arrangements exist with Company and any other entity. You agree that you will promptly remove any hyperlink to the Site upon the written request of Company. In no event will you use any logo or trademark of Company as a hyperlink “button”, or in any other manner, without Company’s express written consent.
Disclaimer of Third Party Information
To the extent that any information, material, or functionality on the System and Services is provided by third party content providers (“Third Party Materials”), Company has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Company.
Governing Law/Jurisdiction/Claims Limitation
German American Business Association
Att. Siegmar Pohl, GABA Secretary of the Board of Directors
c/o Kilpatrick Townsend & Stockton LLP
Two Embarcadero Center, Suite 1900
San Francisco, CA 94111