Site Usage and Information Agreement
I. IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT (this "Agreement"). PLEASE READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. This Agreement
governs your use of this site (collectively, the "Site") and is by and between Greyhound-Data
(referred to herein as "we", "us", or "our") and you, on behalf of yourself.
By using, viewing, transmitting, caching, storing and/or otherwise utilizing
the Site, the services or functions offered in or by the Site and/or the contents of
the Site in any way, you have agreed to each and all of the terms and conditions set
forth below, and waive any right to claim ambiguity or error in this Agreement.
If you do not agree to each and all of these terms and conditions
please do not use the Site and leave the Site immediately. We reserve the right,
at our sole and absolute discretion, to change, modify, add, or remove portions of these
terms at any time without notice and, unless otherwise indicated, such changes will
become effective immediately; therefore, please check these terms periodically for
changes. Your continued use of the Site following the posting of changes to this
Agreement will mean you accept those changes. Please print and retain a copy of this
Agreement, as it may be changed from time to time, for your records.
The Site and the materials located on or through the Site are provided by us for
informational purposes only, with the understanding that we are by the provision of
these materials not engaged in the rendering of legal or other professional advice
or service. The information contained in or through the Site is based upon sources
believed to be accurate and reliable; and we have exercised reasonable care to assure
the accuracy of the information. However, we make no representation or warranty as to
III. FORUMS, CLASSIFIEDS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, or e-mail function offered as part of the Site.
If you participate in a Forum within the Site, if applicable, you must not: (i) defame,
abuse, harass or threaten others; (ii) make any bigoted, hateful or racially offensive
statements; (iii) advocate illegal activity or discuss illegal activities with the
intent to commit them; (iv) post or distribute any material that infringes and/or
violates any right of a third party or any law; (v) post or distribute any vulgar,
obscene, discourteous or indecent language or images; (vi) advertise or sell to, or
solicit others; (vii) use the Forum for commercial purposes of any kind other than to
facilitate a transaction on the Site; (viii) post or distribute any software or other
materials which contain a virus or other harmful component; or (ix) post material or
make statements that do not generally pertain to the designated topic or theme of any
chat room or bulletin board. You shall remain solely responsible for the content of your
messages and shall indemnify and hold the Indemnified Parties harmless for the content
of such messages. We reserve the right to remove or edit content from any Forum at any
time and for any reason.
"Classifieds" means the classfieds and all other advertisement sections.
If you participate in the Classifieds within the Site then all information
provided by you about the item/dog to sell needs to be accurate and correct.
Furthermore you are responsable, that the uploaded pictures show the advertised item.
By uploading materials to any part of the website or submitting any materials to us,
you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual,
royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate, publicly perform and display, create derivative works from and
distribute such materials or incorporate such materials into any form, medium, or technology
now known or later developed throughout the universe. In addition, you warrant that all
so-called "moral rights" in those materials have been waived.
When participating in a Forum, never assume that people are who the say they are, know
what they say they know, or are affiliated with whom they say they are affiliated with
in any chat room, message board, or other user generated content area. Information obtained
in a Forum may not be reliable, and it is not a good idea to make any investment
decisions based solely or largely on information you cannot confirm. We cannot be
responsible for the content or accuracy of any information, and shall not be responsible
for any decisions made based on such information.
IV. CONTENT LINKED TO THE SITE
Links to other sites we think may be of interest to you are provided for your convenience.
By providing these links, we are not endorsing, sponsoring or recommending such sites or
the materials disseminated by or services provided by them, and are not responsible for
the materials, services or other situations at or related to or from any other site.
Please exercise discretion while browsing the Internet and using the Site. You should be
aware that when you are using the Site, you could be directed to other sites that are
beyond our control. There are links to other sites from the Site pages that take you
outside of the Site.
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH
MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC,
OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN
THE SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY
REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY,
USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE
LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN,
ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY,
COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT
WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN
THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE
THE SITE OR SUCH SERVICES, CONTENT AND MATERIALSAVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS
OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability
of information found on sites that link to or from the Site.
We may prohibit you from participating in or utilizing the Site if in our sole and
absolute discretion you show a disregard for this Agreement or act in an unsportsmanlike
manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any
other disruptive manner. We also reserve the right to refuse service, terminate accounts,
remove or edit content in our sole and absolute discretion.
If for any reason any portion of the Site is not capable of running as planned, including
infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical
failures, or any other causes beyond the reasonable control of us which corrupt or
affect the administration, security, fairness, integrity, or proper conduct of the Site,
we reserve the right (but not the obligation) in our sole and absolute discretion, to
prohibit you and any member from using the Site, and to cancel, terminate, modify or suspend the Site or any portion
thereof and void such Information.
You also agree that the Indemnified Parties are not responsible or liable in any way for
injury, loss or damage to your computer or interception or use of credit card information,
related to or resulting from use of the Site or any sites, services or materials linked
or related thereto or therefrom and also are not responsible or liable in any way for any
injury, loss, claim or damage relating to or resulting from any part of the Site operating
or not operating on computers or networks used by you or communicating with such computers
To the extent we list or link to third party products or services, our site acts as the
venue for suppliers to sell products and services (or, as appropriate, solicit offers
to buy) and buyers to purchase such products and services. We are not involved in the
actual transaction between buyers and suppliers. As a result, we have no control over
the quality, safety or legality of the items advertised, the truth or accuracy of the
listings, the ability of suppliers to sell items or the ability of buyers to buy items.
We cannot ensure that a buyer or supplier will actually complete a transaction.
We do not control the information provided by other users which is made available through
the Site. You may find other user's information to be offensive, harmful, inaccurate, or
deceptive. Please use caution and common sense when using the Site. Please note that
there are also risks of dealing with foreign nationals, underage persons or people acting
under false pretense.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE
INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY
SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION
AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR
TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED
PARTIES, SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED
ON THE SITE.
VI. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR
ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE,
CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR
INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT
OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS,
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY
OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE
CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE
OR ANY OF THE PRODUCTS, SERVICES, MEMBERS, SUPPLIERS AND/OR BUYER OFFERED IN CONNECTION
THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE
TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.
BY UTILIZING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES
ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT RESPONSIBLE OR LIABLE FOR
ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE (INCLUDING WITHOUT LIMITATION,
ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND CLAIMS
BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, REASONABLE ATTORNEYS'
FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE SITE OR THE ACCEPTANCE, POSSESSION,
USE OR MISUSE OF INFORMATION, MATERIALS, SERVICES OR PRODUCTS RELATED THERETO OR ACQUIRED
THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE
ACCESS TO THE SITE AND ITS SERVICES, CONTENT, MATERIALS AND FUNCTIONS TO ANYBODY. WE FURTHER
RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES,
RELATED TO FRAUDULENT OR ILLEGAL ACTIVITY CONNECTED WITH THE USE OF THE SITE.
VIII. ACCESS AND INTERFERENCE
You will not use any robot, spider, other automatic device, or manual process to monitor
or copy the Site or the contents or information (including the Information) contained
therein without our prior express written consent. You agree that you will not use any
device, software or routine to interfere or attempt to interfere with the proper working
of the Site or any transaction being conducted through the Site. You agree that you will
not copy, reproduce, alter, modify, create derivative works, or publicly display any
content (except for any Information in which you have an ownership interest) from the
Site without our prior express written consent or the appropriate third party.
The information (including the Information) you provide to us (i) shall not contain
any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information; and (ii) shall not create
liability for us or cause us to lose (in whole or in part) the services of our ISPs
or other suppliers.
These terms are effective until terminated by either party. You may terminate these
terms at any time by discontinuing use of the Site and destroying all materials
obtained from any and all such sites and all related documentation and all copies
and installations thereof, whether made under the terms of this Agreement or otherwise.
Your access to the Site may be terminated immediately without notice from us if in our
sole and absolute discretion you fail to comply with any term or provision of this
Agreement. Upon termination, you must cease use of the Site and destroy all materials
obtained from such site and all copies thereof, whether made under the terms of this
Agreement or otherwise. Notwithstanding the termination of this Agreement, you acknowledge
and agree that those rights and obligations which by their nature are intended to survive
the termination of this Agreement in order to be fully operative, shall survive the
termination of this Agreement including, without limitation, the following provisions
hereof: (i) Restrictions on Use of Materials; (ii) Submissions; (iii) Disclaimers; (iv)
Indemnification; (v) Limitations on Liability; (vi) Release; (vii) Access and Interference;
(viii) Notice and Procedure for Making Claims of Copyright Infringement; (ix) Forum; (x)
No Agency; and (xi) Compliance with Laws.
X. GENERAL PROVISIONS
You shall comply with all applicable laws, statutes, ordinances and regulations regarding
your use of the Site and your solicitation of offers to purchase and/or sell products and/or
services. This Agreement shall be governed by and construed in accordance with the laws of
GERMANY, without giving effect to any principles of conflicts of law. You
agree that any action at law or in equity arising out of or relating to the terms of this
Agreement shall be filed only in Germany and you hereby consent and submit to the personal jurisdiction of such courts
for the purposes of litigating any such action. If any provision of this Agreement shall
be unlawful, void, or for any reason unenforceable, then that provision shall be deemed
severable from this Agreement and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between us relating to the subject
matter herein and shall not be modified except as otherwise set forth herein. No waiver of
any term, provision or condition of this Agreement, whether by conduct or otherwise, in any
one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term,
provision or condition hereof, whether or not similar, nor shall any waiver constitute a
continuing waiver of any such term, provision or condition hereof. No waiver shall be
binding unless executed in writing by the party making the waiver. You agree that you
will execute and deliver to us, in recordable form if necessary, such further documents,
instruments or agreements, and shall take such further action, that may be necessary or
appropriate to effectuate the purposes of this Agreement.
XI. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement must be submitted to the below Person:
- Contact person: Gunnar von Boehn
- Full Address to Which Notification Should be Sent: Killweg 13, 72202 Nagold
- Telephone Number: +49 7452 838979
- Email Address: CopyrightClaim@greyhound-data.com
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.