Copy and Contract Terms and Rate Change Provisions
simply User Agreement
Welcome to Davitt Publicationís User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at German-USA.com and GermanCorner.com.
We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by both parties.
This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Both parties submit to jurisdiction in California and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in San Jose, California. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The services hereunder are offered by Davitt Publications, located at 206 Tunisia Road, Seaside, CA 93955.
Responsibilities of Advertiser and Agency:
Advertisements are accepted with the understanding that all matter therein complies with all internet related regulations and other applicable federal and state laws, rules and regulations. Advertisements which, in the sole judgment of the Publisher, are not immediately identifiable as such must be clearly labeled Advertisement.
Rights of Publisher:
Publisher reserves the right to reject or cancel any advertising for any reason at any time, and all orders are subject to Publisher's approval.
All orders are accepted subject to acts of God, strike, fire, accident or any other occurrences of any nature beyond Publisher's control which prevent or delay full or partial production.
All fees are quoted in U.S. Dollars. We may in our sole discretion add, delete or change some or all of our services at any time.
All restrictions including without limitation, positioning, facing editorial adjacencies or other stipulations are at the sole discretion of the Publisher.
Responsibilities of Publisher:
The liability of Publisher for any error, delay or omission for which it may be held legally responsible, shall in no event exceed the cost of the space paid for and occupied by the error, and in no event shall Publisher be liable for any loss of income, profit or any consequential damages of any nature whatsoever.
Binding Nature of Terms and Provisions:
Publisher will not be bound by any conditions, printed or otherwise, appearing on contracts, orders or copy instructions which conflict with the provisions of its rates or with policies of Publisher.
All advertising orders accepted are subject to the rates, terms, and conditions of the current rates. Rates, conditions and space units are subject to change; orders which contain incorrect rates or conditions will be inserted and charged for at regular schedule or rates currently in effect.
Advertiser and Advertising Agency will be jointly and severally liable for the cost of the advertisement. By placing an advertisement with Publisher, the Advertiser and its Agency, if there be one, agree that each shall be jointly and severally liable for all costs of collection of overdue accounts, including, but not limited to, reasonable attorney fees.
The Advertiser and its Agency, if there be one, each represent in the insertion order and in the ad copy submitted to the Publisher under the insertion order that they are fully authorized and licensed to use:
As part of the consideration and to induce Publisher to publish any advertisement, the Advertiser and Agency, if there be one, each agree to indemnify and save harmless Publisher from any claim and all loss, liability, damages and expenses of whatsoever nature, including attorney's fees, arising out of the copying, printing or publishing of each advertisement.
Davitt Publications is Only a Venue. Our site acts as the venue for sellers to promote their goods. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the advertisements, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items.
Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one buyer, you release Davitt Publications (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You are solely responsible for your information, and we act as a passive conduit for your online distribution and publication of your information. However, we reserve the right to take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any media now known or not currently known, with respect to your information.
You and Davitt Publications are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
WE PROVIDE THIS WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Limit of Liability:
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Except as explicitly stated otherwise, notices shall be given by email to firstname.lastname@example.org (in the case of Davitt Publications) or to the email address you provide to Davitt Publications, or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Davitt Publications. In such case, notice shall be deemed given 3 days after the date of mailing.