Limited permission to copy
Unless otherwise stated, the copyright and similar rights in
all material published on the Site are owned by eurotrash.com. You
are permitted to print or download extracts from this material
for your personal use only. No part
of any Database or any material appearing in any database may
be reproduced or stored in or transmitted to any other web site.
No material appearing in any Databases or on this Site may be disseminated
in any form, either electronic or non-electronic, nor included
in any retrieval system or service without the prior written
permission of the eurotrash.com. Any
request for permission may be sent to:
Jan Duffy-King
Principal
eurotrash.com
20 River Road
New York, NY 10044
or by email to jdk at eurotrash dotCom.
You
agree that you shall not use
the Web Site in any way to:
(1)
post, disseminate or transmit any Content that is unlawful, harassing,
defamatory, abusive, threatening, obscene, harmful, tortious, libelous,
invasive of another's privacy;
(2)
post, disseminate or transmit any Content which infringes or violates
any party's copyright, trademark, trade secret, patent or other proprietary
right, including but not limited to using third party copyrighted materials
without appropriate permission, using third party trademarks without appropriate
permission or attribution, and using or distributing third party information
protected as a trade secret in violation of a duty of confidentiality;
(3)
post, disseminate or transmit any viruses or other harmful, disruptive
or destructive files, code or programs;
(4)
intentionally or unintentionally violate any local, state, national or
international law;
(5)
post, disseminate or transmit any unauthorized advertising, promotional
materials, chain letters, spam, junk mail or any other type of unsolicited
mass e-mail to people or entities that have not agreed to be part of such
mailings;
(6)
impersonate any person or entity, falsely state or otherwise misrepresent
your affiliation with any person or entity, forge headers or otherwise
manipulate identifiers to disguise the origin of any Content transmitted
through the Web Site;
(7)
disseminate or transmit any Content you do not have the right to disseminate
or transmit under law, or contractual or fiduciary relationships;
(8)
disrupt the normal flow of dialogue or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
(9)
interfere with, disrupt, or harm in any way the Web Site or servers or
networks connected to the Web Site;
(10)
stalk or otherwise harass another
(11)
collect or store personal data about other users;
(12)
harm minors in any way.
(13)
engage in any activities that would
violate the personal privacy rights of others, including but not limited
to, collecting and distributing information about Internet users without
their permission, except as permitted by applicable law;
(14) intentionally omit, delete,
forge or misrepresent transmission information, including headers, return
mailing and Internet protocol addresses;
(15) engage in any activities intended
to withhold or cloak identity or contact information;
(16) use the Web Site for any illegal
purpose, in violation of any applicable laws or regulations or in violation
of the rules of any other Web Sites providers, web sites, chat rooms or
the like;
(17) 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.
User
Content
You
acknowledge that eurotrash.com does not generally pre-screen Content, but
that eurotrash.com and its designees shall have the right (but not the obligation)
in their sole discretion to edit, refuse or move any Content that is available
via the Web Site, including but not limited to the listings of the eurotrash.com
Directory. Without limiting the
foregoing, eurotrash.com and its designees shall have the right to remove any Content that violates these Terms or Use 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. You acknowledge and agree
that eurotrash.com may preserve Content and may also disclose Content if required
to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce these Terms of Use; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property,
or personal safety of eurotrash.com, its users and the public. You understand
that the technical processing and transmission of the Web Site, including
your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
By
posting Content to the Web Site, or by transmitting Content using the
Web Site, (1) you represent and warrant to eurotrash.com
that you have all necessary permission to post or transmit the information;
and (2) you grant to eurotrash.com a worldwide, non-exclusive, perpetual,
royalty-free license to fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content (in whole or part)
worldwide and /or to incorporate it in other works in any form, media,
or technology now known or later developed.
International
Use
You
agree to comply with all applicable local laws regarding online conduct
and acceptable Content, including without limitation, laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
No
Reselling of Web Site
You
agree not to sell, resell, reproduce, duplicate, copy or use for any commercial
purposes any portion of the Web Site, or use of or access to the Web Site.
Termination
You
agree that eurotrash.com may, in its sole discretion, and at any time, terminate
your use of the Web Site, and may remove or delete any Content within
the Web Site, for any reason, without prior notice to you. You further agree that eurotrash.com shall not
be liable to you or to any third-party for any termination of your use
of or access to the Web Site. In
the event of any termination of this Agreement or your use of or access
to the Web Site, you agree the provisions regarding Proprietary Rights,
Indemnification, Disclaimer or Warranties, and Limitations of Liability
shall survive any such termination.
Proprietary
Rights
You
agree that content available through the Web Site, including without limitation,
content in the form of text, graphics, software, music, sound, photographs,
and videos, and content provided by suppliers, sponsors or third party
advertisers, is protected by copyrights, trademarks, Web Site marks, patents
or other proprietary rights and laws. Except as expressly authorized by eurotrash.com
or the applicable supplier, sponsor or advertiser, you agree not to copy,
modify, rent, lease, loan, sell, assign, distribute, license, reverse
engineer or create derivative works based on the Web Site or any content
(including without limitation any software) available through the Web
Site.
Disclaimer
of Warranties
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR
SOLE RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, EUROTRASH.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EUROTRASH.COM
DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS,
OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES EUROTRASH.COM MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB
SITE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE WEB SITE, AS TO THE QUALITY OF ANY PRODUCTS, WEB SITES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE OR
AS A RESULT OF THE WEB SITE, OR AS TO ANY TRANSACTIONS ENTERED INTO BY
USE OF OR AS A RESULT OF THE WEB SITE.
YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE WEB SITE IS 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 SUCH MATERIAL
AND/OR DATA.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
EUROTRASH.COM OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
Limitations
of Liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE, SHALL EUROTRASH.COM OR ITS PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE,
DATA, GOODWILL OR OTHER INTANGIBLES, EVEN IF eurotrash.com OR ITS SUPPLIER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1)
THE USE OR THE INABILITY TO USE THE WEB SITE, (2) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND WEB SITES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR WEB SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO BY MEANS OF OR THROUGH THE WEB SITE, (3) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, (5) THE CONTENT OF THE EUROTRASH.COM
DIRECTORY, OR, (6) ANY OTHER MATTER RELATING TO THE WEB SITE.
SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY
TO YOU.
Storage
of Content
You
agree that eurotrash.com may establish, in its sole discretion and without
prior notice to you, a maximum amount of storage space that it will maintain
for Content disseminated or transmitted through the Web Site.
You agree that eurotrash.com has no responsibility or liability for
the deletion or failure to store any messages, communications or other
Content maintained, disseminated or transmitted through the Web Site.
Your
Contact With Advertisers Or Other Third Parties
Your
dealings with advertisers or other third parties found on or through the
Web Site, including your participation in promotions, the payment for
and delivery of goods and Web Sites, and any terms, conditions, warranties
or representations associated with such dealings are solely between you
and the third party. eurotrash.com
does not make any representations or warranties with respect to any goods
or Web Sites which may be obtained from such third parties, and you agree
that eurotrash.com will have no liability with respect to any loss or damage
of any kind incurred as a result of any dealings between you and any third
party, or as a result of the presence of such third parties on the Web
Site.
Links
The
Web Site, or third parties on the Web Site, may provide links to other
sites and/or resources over which eurotrash.com has no control. You agree that eurotrash.com has no responsibility
for and no liability for the availability of such external sites or resources,
or for the Content, advertising, products or other materials available
through such sites or resources.
Indemnification
You
agree to indemnify and hold harmless eurotrash.com, its parents, subsidiaries,
affiliates, officers, directors, agents, employees, co-branders or other
partners, and suppliers, from any claim, demand, action, or damage, including
reasonable attorneys' fees, made by any third party due to, arising out
of or related to your use of the Web Site, Content you submit, post or
transmit through the Web Site, your violation of the Agreement or any
rights of another, or your connection to the Web Site.
Trademark
Notices
eurotrash.com,
the eurotrash.com logo and Maturity in the Digital Age are under application for service marks and trademarks of eurotrash.com.
You may not use or display these marks without eurotrash.com’s prior
written consent. All other trademarks appearing on the Web Site
are the property of their respective owners.
Copyright,
Copyright Agent
eurotrash.com
respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide eurotrash.com's Copyright
Agent the following information:
1.an
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
2.a
description of the copyrighted work that you claim has been infringed;
3.a
description of where the material that you claim is infringing is located
on the Web Site;
4.your
address, telephone number, and email address;
5.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;
6.a
statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
eurotrash.com's
Copyright Agent for Notice of claims of copyright infringement on its
site is Jan Duffy-King, who can be reached as follows:
By
mail: 20 River Road, New York, NY
10044
By
telephone: +1 (212) 832 1207
By
email: jdk @ eurotrash dotCom
Applicable
Law
This
Agreement shall be governed by and construed in accordance with the laws
of the State of New York, USA, without giving effect to conflict of laws
provisions. You and eurotrash.com
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of New York, New York, USA.
Miscellaneous
If
any provision of this Agreement is found by a court or other binding authority
to be invalid, you agree that every attempt shall be made to give effect
to the parties' intentions as reflected in that provision, and the remaining
provisions contained in this Agreement shall continue in full force and
effect.
You
agree that any claim or cause of action arising out of your use of the
Web Site or this Agreement must be filed within one year after such claim
or cause of action arose or it shall forever be barred, notwithstanding
any statute of limitations or other law to the contrary.
Any
failure by eurotrash.com to enforce or exercise any provision of this Agreement
or related right shall not constitute a waiver of that right or provision.
© 2000 eurotrash.com, Inc. All Rights Reserved.