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Allgemeine
Geschäftsbedingungen?
Wir
behalten uns das Recht vor, Beiträge ohne Vorwarnung von
unsere Bloggingseite zu löschen, welche in irgendeiner
Form, von uns als nicht geeignet betrachtet werden.
1.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE CHblog.ch
("CHblog"), owned and operated by IPS GmbH
("IPS GmbH"), is provided to you
("Member") under the terms and conditions of
this CHblog Terms of Service (BTS) and any operating rules
or policies that may be published by IPS GmbH. The BTS
comprises the entire agreement between Member and CHblog
and supersedes all prior agreements between the parties
regarding the subject matter contained herein. BY
COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING
YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THE BTS.
2.
DESCRIPTION OF SERVICE CHblog provides Member with various
publishing and community services, including but not
limited to the capability to post information to a web
page and participate in web-based discussions. Some of
these services will be free of charge, others may cost
money or have other requirements. The requirements or fees
for any service or option will be clearly explained and
separately agreed to when Member implements those options,
if any. Member must: (1) provide all equipment, including
a computer and modem, necessary to establish a connection
to the World Wide Web; (2) provide for own access to the
World Wide Web and pay any telephone service fees
associated with such access.
3.
MODIFICATIONS TO TERMS OF SERVICE IPS GmbH may change the
terms and conditions of the BTS from time to time. Upon
major changes in the terms and conditions of the BTS, IPS GmbH
will notify you by posting the changes as a start-up
screen prior to your subsequent use of the Service. If you
agree to be bound by the changes, you must again click the
"I Accept" button that will follow the posted
changes. If you do not click the "I Accept"
button, you may terminate your use of the Service at that
time. Minor changes in the terms and conditions of the BTS
will be posted to CHblog News at http://www.CHblog.ch.
Member's
continued use of the Service constitutes an affirmative:
(1) acknowledgment by Member of the BTS and BTS
modifications; and (2) agreement by Member to abide and be
bound by the BTS and BTS modifications.
4.
MODIFICATIONS TO SERVICE IPS GmbH reserves the right to
modify or discontinue the Service with or without notice
to Member. IPS GmbH shall not be liable to Member or any
third party should IPS GmbH exercise BTS right to modify
or discontinue the Service.
5.
PRIVACY POLICY All information entered into CHblog by
Member is private to Member except to the extent that he
or she opts to share that information with other CHblog
members and/or the public, through CHblog or otherwise.
It
is IPS GmbH's policy to respect the privacy of Members.
Therefore, IPS GmbH will not disclose to any third party
Member's name or contact information. IPS GmbH will also
not monitor, edit, or disclose the contents of a Member's
information unless required to do so by law or in the good
faith belief that such action is necessary to: (1) conform
to the edicts of the law or comply with legal process
served on IPS GmbH; (2) protect and defend the rights or
property of IPS GmbH; or (3) act under exigent
circumstances to protect the personal safety of BTS
members or the public; (4) fix or debug problems with the CHblog
software/service.
6a.
CONTENT OWNERSHIP Unless stated otherwise for specific
services, Member will retain copyright ownership and all
related rights for information he or she publishes through
CHblog or otherwise enters into CHblog-related services.
6b.
CONTENT RESPONSIBILITY Member acknowledges and agrees that
IPS GmbH neither endorses the contents of any Member
communications nor assumes responsibility for any
threatening, libelous, obscene, harassing or offensive
material contained therein, any infringement of third
party intellectual property rights arising therefrom or
any crime facilitated thereby.
7.
MEMBER ACCOUNT, PASSWORD, AND SECURITY Once you become a
member of the Service, you shall receive a password and an
account. You are entirely responsible if you do not
maintain the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all
activities which occur under your account. You may change
your password at any time (to do so, go to the team area
of any blog you are a member of, click on your name and
then "edit profile"); you may also set up a new
account and close an old one at your convenience.
Member
agrees to immediately notify IPS GmbH of any unauthorized
use of Member's account or any other breach of security
known to Member.
8.
DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY AGREES THAT USE
OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS.
IPS GmbH
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IPS GmbH
MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS
IN THE SOFTWARE WILL BE CORRECTED.
MEMBER
UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND
THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
IPS GmbH
MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
9.
LIMITATION OF LIABILITY IPS GmbH SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE
THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.
NO RESALE OF THE SERVICE Member agrees not to resell the
Service, without the express consent of IPS GmbH. (Note:
Setting up CHblog blogs for clients to update their web
pages and charging for your time is fine.)
11.
STORAGE AND OTHER LIMITATIONS IPS GmbH assumes no
responsibility for the deletion or failure to store
information entered into CHblog.
IPS GmbH
has set no fixed upper limit on the number or posts Member
may send or receive through the Service or the amount of
storage spaced used; however, IPS GmbH retains the right,
at IPS GmbH's sole discretion, to determine whether or not
Member's conduct is consistent with the letter and spirit
of the BTS and may terminate Service if a Member's conduct
is found to be inconsistent with the BTS.
12.
MEMBER CONDUCT Member is solely responsible for the
contents of his or her transmissions through the Service.
Member's use of the Service is subject to all applicable
local, state, national and international laws and
regulations.
Member
agrees: (1) to comply with US law regarding the
transmission of technical data exported from the United
States through the Service; (2) not to use the Service for
illegal purposes; (3) not to interfere or disrupt networks
connected to the Service; and (4) to comply with all
regulations, policies and procedures of networks connected
to the Service.
The
Service makes use of the Internet to send and receive
certain messages; therefore, Member's conduct is subject
to Internet regulations, policies and procedures. Member
will not use the Service for chain letters, junk mail,
spamming or any use of distribution lists to any person
who has not given specific permission to be included in
such a process.
Member
agrees not to transmit through the Service any unlawful,
harassing, libelous, abusive, threatening, or harmful
material of any kind or nature. Member further agrees not
to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local,
state, national or international law or regulation.
Attempts to gain unauthorized access to other computer
systems are prohibited.
Member
shall not interfere with another Member's use and
enjoyment of the Service or another entity's use and
enjoyment of similar services.
IPS GmbH
may, at its sole discretion, immediately terminate Service
should Member's conduct fail to conform with these terms
and conditions of the BTS.
13.
INDEMNIFICATION Member agrees to indemnify and hold IPS GmbH,
parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising
out of Member's use of the Service, the violation of this
BTS by Member, or the infringement by Member, or other
user of the Service using Member's computer, of any
intellectual property or other right of any person or
entity.
14.
TERMINATION Either Member or IPS GmbH may terminate the
Service with or without cause at any time and effective
immediately. IPS GmbH shall not be liable to Member or any
third party for termination of Service.
Should
Member object to any terms and conditions of the BTS or
any subsequent modifications thereto or become
dissatisfied with the Service in any way, Member's only
recourse is to immediately discontinue use of the Service.
Upon
termination of the Service, Member's right to use the
Service and Software immediately ceases. Member shall have
no right and IPS GmbH will have no obligation thereafter
to forward any unread or unsent messages to Member or any
third party.
15.
NOTICE All notices to a party shall be in writing and
shall be made either via email or conventional mail. IPS GmbH
may broadcast notices or messages through the Service to
inform Member of changes to the BTS, the Service, or other
matters of importance; such broadcasts shall constitute
notice to Member.
16.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS Member may
enter into correspondence with or participate in
promotions of the Advertisers showing their products on
the Service. Any such correspondence or promotions,
including the delivery of and the payment for goods and
services, and any other terms, conditions, warranties or
representations associated with such correspondence or
promotions, are solely between the corresponding Member
and the Advertiser. IPS GmbH assumes no liability,
obligation or responsibility for any part of any such
correspondence or promotion.
17.
PROPRIETARY RIGHTS TO CONTENT Member acknowledges that
content, including but not limited to text, software,
music, sound, photographs, video, graphics or other
material contained in either sponsor advertisements or
email-distributed, commercially produced information
presented to Member by the Service ("Content")
by IPS GmbH or IPS GmbH's Advertisers, is protected by
copyrights, trademarks, service marks, patents or other
proprietary rights and laws; therefore, Member is only
permitted to use this Content as expressly authorized by
the Service or the Advertiser. Member may not copy,
reproduce, distribute, or create derivative works from
this Content without expressly being authorized to do so
by the Service or the Advertiser.
18.
LAWS The BTS shall be governed by and construed in
accordance with the laws of the state of California,
excluding BTS conflict of law provisions.
Member
and IPS GmbH agree to submit to the exclusive jurisdiction
of the courts of the state of California. If any
provision(s) of the BTS is held by a court of competent
jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions
remaining in full force and effect.
IPS GmbH's
failure to exercise or enforce any right or provision of
the BTS shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by IPS GmbH in
writing.
Member
and IPS GmbH agree that any cause of action arising out of
or related to this Service must commence within one (1)
year after the cause of action arose; otherwise, such
cause of action is permanently barred. The section titles
in the BTS are solely used for the convenience of the
parties and have no legal or contractual significance.
Terms
of Service for Blogspot.com
Blog*Spot
is an optional hosting service for CHblog-powered blogs.
If the Blog*Spot option is selected, the following terms
also apply:
1.
ACCEPTANCE OF TERMS Welcome to IPS GmbH's BlogSpot. IPS GmbH.com
Ltd. ("IPS GmbH") provides the BlogSpot service
to you, subject to the following Terms of Service
("TOS"), which may be updated by us from time to
time without notice to you; provided that, we will not
alter Section 5 ("Content Submitted to
BlogSpot") without prior notice to and acceptance by
you. You can review the most current version of the TOS at
any time at: http://www.blogspot.com/tos.html. Please note
that other IPS GmbH services (like CHblog) are governed by
a different Terms of Service.
2.
DESCRIPTION OF SERVICE BlogSpot currently provides users
with access to web page hosting services, specifically for
CHblog-powered web pages (the "Service"). (CHblog
is a separate service of IPS GmbH which does not require
BlogSpot. BlogSpot is provided simply as a convenience for
CHblog users who don't already have a place to put the CHblog-powered
site.) Unless explicitly stated otherwise, any new
features that augment or enhance the current Service,
shall be subject to this TOS. Now, this next part seems
really damn obvious, but everyone else has it in their
TOS's so someone's probably gotten sued for not having it.
So: In order to use the Service, you must obtain access to
the World Wide Web, either directly or through devices
that access web-based content, and pay any service fees
associated with such access. In addition, you must provide
all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other
access device.
3.
IPS GmbH PRIVACY POLICY It is IPS GmbH's policy to respect
the privacy of Members. Therefore, IPS GmbH will not
disclose to any third party Member's name or contact
information. IPS GmbH will also not monitor, edit, or
disclose the contents of a Member's information unless
required to do so by law or in the good faith belief that
such action is necessary to: (1) conform to the edicts of
the law or comply with legal process served on IPS GmbH;
(2) protect and defend the rights or property of IPS GmbH;
or (3) act under exigent circumstances to protect the
personal safety of IPS GmbH service's users or the public;
(4) fix or debug problems with the BlogSpot
servers/software/service.
4.
MEMBER CONDUCT You understand that all information, data,
text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content
originated. This means that you, and not IPS GmbH, are
entirely responsible for all Content that you upload, post
or otherwise transmit via the Service. IPS GmbH does not
control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent
or objectionable.
You
agree to not use the Service to: (a) upload, post or
otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise
objectionable; (b) harm minors in any way; (c) impersonate
any person or entity, including, but not limited to, a IPS GmbH
official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or
entity; (d) upload, post or otherwise transmit any Content
that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as
inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements); (e)
upload, post or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party; (f) upload, post
or otherwise transmit any material that contains software
viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment; (g) interfere with or disrupt the Service or
servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of
networks connected to the Service; (h) intentionally or
unintentionally violate any applicable local, state,
national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the
New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law;
(i) "stalk" or otherwise harass another; (j)
collect or store personal data about other users; (k)
promote or provide instructional information about illegal
activities, promote physical harm or injury against any
group or individual, or promote any act of cruelty to
animals. This may include, but is not limited to,
providing instructions on how to assemble bombs, grenades
and other weapons, and creating "Crush" sites;
5.
CONTENT SUBMITTED TO BlogSpot
IPS GmbH does not claim ownership of the Content you place
on your BlogSpot Site. IPS GmbH may quote or reproduce
small portions of your content (if you have made it
public) in order to promote your BlogSpot site and/or the
BlogSpot service, but only on a fair-use-type basis.
You
acknowledge that IPS GmbH does not pre-screen Content, but
that IPS GmbH and its designees shall have the right (but
not the obligation) in their sole discretion to refuse or
remove any Content that is available via the Service.
Without limiting the foregoing, IPS GmbH and its designees
shall have the right to remove any Content that violates
the TOS or is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
6.
INDEMNITY You agree to indemnify and hold IPS GmbH, and
its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of
your Content, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation
of any rights of another.
7.
NO RESALE OF SERVICE You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service.
8.
MODIFICATIONS TO SERVICE IPS GmbH reserves the right at
any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that IPS GmbH
shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
9.
TERMINATION You agree that IPS GmbH, in its sole
discretion, may terminate your password, BlogSpot Site,
use of the Service or use of any other IPS GmbH service,
and remove and discard any Content within the Service, for
any reason, including, without limitation, for lack of use
or if IPS GmbH believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. IPS GmbH
may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of
your access to the Service under any provision of this TOS
may be effected without prior notice, and acknowledge and
agree that IPS GmbH may immediately deactivate or delete
your BlogSpot Site and all related information and files
in your BlogSpot Site and/or bar any further access to
such files or the Service. Further, you agree that IPS GmbH
shall not be liable to you or any third-party for any
termination of your access to the Service.
The
following point (#10) does not apply if you opt for
ad-free hosting, BlogSpot Plus 25 or Plus 100 service.
10.
ADVERTISEMENTS AND PROMOTIONS IPS GmbH runs advertisements
and promotions on BlogSpot Sites. By creating your
BlogSpot Site, you agree that IPS GmbH has the right to
run such advertisements and promotions. You also agree
that you will not attempt to block or otherwise interfere
with advertisements displayed on your BlogSpot site via
JavaScript or any other means. Doing so is grounds for
immediate termination of service. The manner, mode and
extent of advertising by IPS GmbH on your BlogSpot Site is
subject to change. Your correspondence or business
dealings with, or participation in promotions of,
advertisers found on or through the Service, including
payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations
associated with such dealings, are solely between you and
such advertiser. You agree that IPS GmbH shall not be
responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
11.
IPS GmbH PROPRIETARY RIGHTS You acknowledge and agree that
the Service and any necessary software used in connection
with the Service ("Software") contain
proprietary and confidential information that is protected
by applicable intellectual property and other laws. You
further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you
through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly
authorized by IPS GmbH or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in
whole or in part.
This
is the all-caps part:
12.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND
AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. IPS GmbH EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. (b) IPS GmbH MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
IPS GmbH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS. (e) IF YOU HAVE
READ THIS FAR THEN YOUR EYES PROBABLY HURT. ALL CAPS, WHAT
WERE WE THINKING? HOWEVER, WE ARE NOT LIABLE FOR THIS OR
ANY OTHER OCULAR MALADY.
13.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE
THAT IPS GmbH SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF IPS GmbH HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
14.
EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
15.
NOTICE Notices to you may be made via either email or
regular mail. The Service may also provide notices of
changes to the TOS or other matters by displaying notices
or links to notices to you generally on the Service.
16.
GENERAL INFORMATION The TOS constitute the entire
agreement between you and IPS GmbH and govern your use of
the Service, superceding any prior agreements between you
and IPS GmbH or BlogSpot (including, but not limited to,
any prior versions of the TOS). You also may be subject to
additional terms and conditions that may apply when you
use affiliate or other IPS GmbH services, third-party
content or third-party software. The TOS and the
relationship between you and IPS GmbH shall be governed by
the laws of the State of California without regard to its
conflict of law provisions. You and IPS GmbH agree to
submit to the personal and exclusive jurisdiction of the
courts located within the county of San Francisco,
California. The failure of IPS GmbH to exercise or enforce
any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be
forever barred. The section titles in the TOS are for
convenience only and have no legal or contractual effect.
17.
VIOLATIONS Please report any violations of the TOS via the
CHblog Support
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