this statement discloses the terms&conditions for the entire etxtreme.ru website and all etxtreme eLists.
|terms and conditions of use / legal notices
thank you for using etxtreme.ru web sites and mailinglists (the "net.products") which are provided by etxtreme (the "network"). this page states the terms and conditions (the "terms" or the "agreement") under which you may use the net.products. please read this page carefully. by accessing the net.products you accept and agree to be bound, without limitation or qualification, by these terms. if you do not accept any of the terms stated here, do not use the web site. the network may, in its sole discretion, modify or revise these terms at any time by updating these net.products. you are bound by any such modification or revision and should therefore visit this page periodically to review the terms.
section 1. use of material.
the contents of these net.products, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks and other material ("material") are protected by copyright and other laws in both europe and elsewhere. the material includes both content owned or controlled by the network and content owned or controlled by third parties and licensed to the network.
the company authorizes you to view and download a single copy of the materials on/in our net.products solely for your personal, non-commercial use. you may not sell or modify the material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose without the written permission of the network. special rules apply on the TOP9 and TOP25 daily! and weekly! lists, which can be distributed and/or re-published an individual piece once proper credit and subscription details are given. any such special rules are listed as "legal notices" on this web site and are incorporated into this agreement by reference.
if you would like information about obtaining the company's permission to use any of the material on/in our net.products, e-mail eBiz@etxtreme.ru or, if you would like to link your web site to the web site, please feel free to do so, only restriction that applys, you have to inform us via email eFast@etxtreme.ru.
if you violate any of these terms, your permission to use the material automatically terminates and you must immediately destroy any copies you have made of the material.
section 2. no warranties.
THE NET.PRODUCTS AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMMPLIED. THE NETWORK AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. THE NETWORK AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE COMPANY DOES NOT WARRANT THAT THE NET.PRODUCTS WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE, THE MAILINGLISTS OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE NET.PRODUCTS OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,THE NETWORK IS NOT RESPONSIBLE FOR THOSE COSTS.
PART OF THE MATERIAL ON/IN OUR NET.PRODUCTS ARE PROVIDED BY THIRD PARTIES AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL.
section 3. limitation of liability / disclaimer of damages.
IN NO EVENT SHALL THE NETWORK OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL,CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE NET.PRODUCTS OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE NETWORK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. Communities.
General. The net.products, among other things, contains certain discussion forums and/or other message or communication facilities (collectively, "e-community"). much of the content of the e-community, including without limitation the descriptions and the content within a specific message or posting, is provided by and is the responsibility of the third party creator of the e-community or the person posting in that e-community. the network has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, E-COMMUNITIES MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING E-COMMUNITY.
permitted uses. you agree that you are responsible for your own communications and for any consequences thereof. You agree to use the e-community only to send and receive messages and material that are legal, proper and related to the particular e-community. by way of example, and not as a limitation, you agree that when using e-ommunity, you will not:
flame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information. post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "rights"), unless you are the owner of the rights or have the permission of the owner to post or transmit such material. post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. advertise or offer to sell any goods or services for any commercial purpose. conduct or forward surveys, contests, pyramid schemes or chain letters. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted. restrict or inhibit any other user from using and enjoying the e-community.
no obligation to monitor. the network does not control the information delivered to the e-community, and the network has no obligation to monitor the e-community. however, the network reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in the networks's sole discretion.
no endorsement. the network does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the e-community or endorse any opinions expressed in the e-community. you acknowledge that any reliance on material posted in the e-community will be at your own risk.
network's rights. if notified by a user of communications which allegedly do not conform to any term of this agreement, the network may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. the network will have no liability or responsibility for performance or non-performance of such activities. the network reserves the right to terminate or restrict your access to the e-community at any time without notice for any reason whatsoever. you acknowledge that some content available through the net.products are available only through
the net.products and others are available both through the net.products and other sources, over which the network has absolutely no control.
license grant. the foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
section 5. copyright infringement and copyright agent.
the company may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the net.products that infringes on the rights of others.
if you believe that your work has been used on the net.products in a manner that constitutes copyright infringement, please provide the networks's copyright agent with a written notice (e-mail is sufficient) that includes the following information:
an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the net.products; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
the network's copyright agent for notice of claims of copyright infringement on the net.products is luzius bernhard who can be reached as follows:
by mail: luzius bernhard, user support dept. manager etxtreme.ru, griechengasse 9/14,
by phone: +43 (676) 528 54 94
by email: eBiz@etxtreme.ru
section 6. links to other sites.
the net.products contain links to third party web sites that are maintained by others. these links are provided solely as a convenience to you and not as an endorsement by the network of the contents on such third-party web sites. the network is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. if you decide to access linked third-party Web sites, you do so at your own risk.
section 7. indemnity.
you agree to defend, indemnify, and hold harmless the network, its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material (including Software) or your breach of the terms of this agreement. the network shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
section 8. export control.
the EC controls the export of products and information. you agree to comply with such restrictions and not to export or re-export the materials (including software) to countries or persons prohibited under the export control laws. by downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited. you are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the product.
section 9. general.
the network makes no claims that the materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the EC. access to the materials (including software) may not be legal by certain persons or in certain countries. If you access the net.products from outside of the EC, you are responsible for compliance with the laws of your jurisdiction.
this network is headquartered on the internet and physically in the EC, austria, vienna. all legal issues arising from or related to the use of the net.products shall be construed in accordance with and determined by the laws of the country of austria, and the bundesland vienna. by using these net.products, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of these net.products is the court responsible fur such matters in vienna/austria, or if such court lacks subject matter jurisdiction, the oberste gerichtshof of the country of austria. you hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
if any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. no waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. except as expressly provided in a particular "legal notice" for software or material on particular web pages, this agreement constitutes the entire agreement between you and the network with respect to the use of net.products. any changes to this agreement must be made in writing, signed by an authorized representative of the network.
vienna, may 14, 1998