Overview
The following are terms of a legal agreement between you and Dr. Garbage
Community (“Dr. Garbage”) By accessing, browsing, or using this
Web site, you acknowledge that you have read, understood, and agree to
be bound by these terms and to comply with all applicable laws and
regulations. If you do not agree to these terms, please do not use this
Web site.
Dr. Garbage may, without notice to you, at any time revise these Terms
of Use and any other information contained in this Web site by updating
this posting. Dr. Garbage may also make improvements or changes in the
products, services, or programs described in this site at any time
without notice.
General
This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed.
This site and all content in this site may not be copied, reproduced,
republished, uploaded, posted, transmitted, distributed, or used for the
creation of derivative works without prior written consent from Dr.
Garbage, except that Dr. Garbage grants you non-exclusive,
non-transferable, limited permission to access and display the Web pages
within this site, solely on your computer and for your personal,
non-commercial use of this Web site. This permission is conditioned on
your not modifying the content displayed on this site, your keeping
intact all copyright, trademark, and other proprietary notices, and your
acceptance of any terms, conditions, and notices accompanying the
content or otherwise set forth in this site. Notwithstanding the
foregoing, any software and other materials that are made available for
downloading, access, or other use from this site with their own license
terms, conditions, and notices will be governed by such terms,
conditions, and notices.
Your failure to comply with the terms, conditions, and notices on this
site will result in automatic termination of any rights granted to you,
without prior notice, and you must immediately destroy all copies of
downloaded materials in your possession or control. Except for the
limited permission in the preceding paragraph, Dr. Garbage does not
grant you any express or implied rights or licenses under any patents,
trademarks, copyrights, or other proprietary or intellectual property
rights. You may not mirror any of the content from this site on another
Web site or in any other media.
Certain Disclaimers
Information on this Web site is not promised or guaranteed to be
correct, current, or complete, and this site may contain technical
inaccuracies or typographical errors. Dr. Garbage assumes no
responsibility (and expressly disclaims responsibility) for updating
this site to keep information current or to ensure the accuracy or
completeness of any posted information. Accordingly, you should confirm
the accuracy and completeness of all posted information before making
any decision related to any services, products, or other matters
described in this site.
Dr. Garbage provides no assurances that any reported problems will be
resolved by Dr. Garbage, even if Dr. Garbage elects to provide
information with the goal of addressing a problem.
Confidential Information
Dr. Garbage does not want to receive confidential or proprietary
information from you through our Web site. Please note that any
information or material sent to Dr. Garbage will be deemed NOT to be
confidential. By sending Dr. Garbage any information or material, you
grant Dr. Garbage an unrestricted, irrevocable license to copy,
reproduce, publish, upload, post, transmit, distribute, publicly
display, perform, modify, create derivative works from, and otherwise
freely use, those materials or information. You also agree that Dr.
Garbage is free to use any ideas, concepts, know-how, or techniques that
you send us for any purpose. However, we will not release your name or
otherwise publicize the fact that you submitted materials or other
information to us unless: (a) we obtain your permission to use your
name; or (b) we first notify you that the materials or other information
you submit to a particular part of this site will be published or
otherwise used with your name on it; or (c) we are required to do so by
law. Personally-identifiable information that you submit to Dr. Garbage
for the purpose of receiving products or services will be handled in
accordance with our privacy policies.
Business Relationships
This Web site may provide links or references to non-Dr. Garbage Web
sites and resources. Dr. Garbage makes no representations, warranties,
or other commitments whatsoever about any non-Dr. Garbage Web sites or
third-party resources that may be referenced, accessible from, or linked
to any Dr. Garbage site. A link to a non-Dr. Garbage Web site does not
mean that Dr. Garbage endorses the content or use of such Web site or
its owner. In addition, Dr. Garbage is not a party to or responsible for
any transactions you may enter into with third parties, even if you
learn of such parties (or use a link to such parties) from a Dr. Garbage
site. Accordingly, you acknowledge and agree that Dr. Garbage is not
responsible for the availability of such external sites or resources,
and is not responsible or liable for any content, services, products, or
other materials on or available from those sites or resources.
When you access a non-Dr. Garbage Web site, even one that may contain
the Dr. Garbage-logo, please understand that it is independent from Dr.
Garbage, and that Dr. Garbage does not control the content on that Web
site. It is up to you to take precautions to protect yourself from
viruses, worms, trojan horses, and other potentially destructive
programs, and to protect your information as you deem appropriate.
Linking to this Site
You may create links to Dr. Garbage Web site from other sites, but only
in compliance with all applicable laws and in accordance with the
following Guidelines:
A site that links to the Web site of Dr. Garbage:
- May link to but not replicate the content from the Dr. Garbage Web site
- Should not create a browser or border environment around the content from the Dr. Garbage Web site
- Should not imply that Dr. Garbage is endorsing it or its products
- Should not misrepresent its relationship with Dr. Garbage
- Should not present false information about Dr. Garbage products or services
- Should not use the Dr. Garbage logo without permission from Dr. Garbage
- Should not contain content that could be construed as distasteful,
offensive or controversial, and should contain only content that is
appropriate for all age groups.
Translations
Certain text in this Web site may be made available in languages other
than English. Text may be translated by a person or solely by computer
software with no human intervention or review. These translations are
provided as a convenience to you, and Dr. Garbage makes no
representations or commitments regarding the accuracy or completeness of
the translation, whether or not computer-generated or performed by a
person. Please see the below Disclaimer of Warranty for additional
conditions.
Delivery of E-Mail
Your account must be registered with a valid personal email address that
you access regularly. Accounts registered with someone else's email
address, or with temporary email addresses may be closed without notice.
We may require users to re-validate their account if we believe they
have been using an invalid email address.
Some services offered on this Web site include sending related
information to you via e-mail. You agree to receive such e-mail.
However, the nature of e-mail is such that Dr. Garbage cannot guarantee
delivery of such e-mail. If you have not received such a message within a
reasonable time period, it is your responsibility to follow up directly
with Dr. Garbage
Modification and termination of services
Dr. Garbage reserves the right at any time to modify, suspend or
terminate the Services (or any part thereof), and/or Your use of or
access to them, with or without notice. Dr. Garbage may also delete, or
bar access to or use of, all related Information and files. Dr. Garbage
will not be liable to You or any third-party for any modification,
suspension, or termination of the Services, or loss of related
information.
Disclaimer of Warranty
Use of this site is at your sole risk. All materials, information,
products, software, programs, and services are provided "as is," with no
warranties or guarantees whatsoever. Dr. Garbage expressly disclaims to
the fullest extent permitted by law all express, implied, statutory,
and other warranties, guarantees, or representations, including, without
limitation, the warranties of merchantability, fitness for a particular
purpose, and non-infringement of proprietary and intellectual property
rights. without limitation, Dr. Garbage makes no warranty or guarantee
that this Web site will be uninterrupted, timely, secure, or error-free.
You understand and agree that if you download or otherwise obtain
materials, information, products, software, programs, or services, you
do so at your own discretion and risk and that you will be solely
responsible for any damages that may result, including loss of data or
damage to your computer system.
Limitation of Liability
In no event will Dr. Garbage be liable to any party for any direct,
indirect, incidental, special, exemplary or consequential damages of any
type whatsoever related to or arising from this Web site or any use of
this Web site, or of any site or resource linked to, referenced, or
accessed through this Web site, or for the use or downloading of, or
access to, any materials, information, products, or services, including,
without limitation, any lost profits, business interruption, lost
savings or loss of programs or other data, even if Dr. Garbage is
expressly advised of the possibility of such damages. This exclusion and
waiver of liability applies to all causes of action, whether based on
contract, warranty, tort, or any other legal theories.
Additional or different terms, conditions, and notices may apply to
specific materials, information, products, software, and services
offered through this Web site. In the event of any conflict, such
additional or different terms, conditions, and notices will prevail over
these Terms of Use. Please see the applicable agreement or notice.
Choice of Law and Jurisdiction
These Terms of Use shall be governed by and construed under the laws of
Germany as applied to agreements entered into and to be performed
entirely within Germany between German or EU residents. The parties
agree that the United Nations Convention in Contracts for the
International Sale of Goods and the German International Private Law are
specifically excluded from application to these Terms of Use.
The parties hereby submit to the jurisdiction of and waive any venue
objections against, the Landgericht Berlin, Germany, in any litigation
arising out of these Terms of Use.
Other provisions
Should provisions of these Terms of Use be or become fully or partially
invalid or unenforceable, this shall not affect the validity of the
remaining provisions. In lieu of the invalid or unenforceable provision,
such provision shall apply which comes as close as legally possible to
what the parties to this Agreement wanted or would have wanted in
accordance with the spirit and purpose of this Agreement if they had
considered the invalidity or unenforceability of the relevant provisions
upon the conclusion of contract.