Thank you for your interest in my website and artworks, to which these terms of use apply. These terms of use form a binding legal agreement between you and me in relation to your use of the website and the artworks (together referred to below as “neoklein.net”). Collectively, this legal agreement is referred to below as the “Terms.”
BY ACCESSING OR USING ANY OF THE PAGES OF NEOKLEIN.NET YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any pages of neoklein.net you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of neoklein.net. If you do not agree to the Terms, you are not authorized to use neoklein.net. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing neoklein.net on behalf of that entity.
From time to time, I may change, remove, or add to the Terms, and reserve the right to do so in my discretion. In that case, I will post updated Terms and indicate the date of revision. If I feel the modifications are material, I will make reasonable efforts to post a prominent notice on neoklein.net and notify those of you with a newsletter subscription. All new and/or revised Terms take effect immediately and apply to your use of neoklein.net from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of neoklein.net after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
Provided as-is: You acknowledge that I do not make any representations or warranties about the artworks and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of neoklein.net. Under no circumstances I’m liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via neoklein.net. You understand that by using neoklein.net, you may be exposed to Content that is offensive, indecent, or objectionable.
You agree not to engage in any of the following activities:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I OFFER THE ARTWORKS AND THE WEBSITE (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH NEOKLEIN.NET) AS-IS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING NEOKLEIN.NET OR 3RD PARTY SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. I DO NOT WARRANT THAT THE FUNCTIONS OF NEOKLEIN.NET OR 3RD PARTY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH NEOKLEIN.NET OR 3RD PARTY SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS OR 3RD PARTY SERVICES USED BY NEOKLEIN.NET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH NEOKLEIN.NET IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL I BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH NEOKLEIN.NET (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I AM NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH NEOKLEIN.NET (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF NEOKLEIN.NET, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH NEOKLEIN.NET.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the extent authorized by law, you agree to indemnify and hold me harmless from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of neoklein.net, and/or (c) the Content you make available on neoklein.net.
I am committed to responsibly handling the information and data I collect through neoklein.net in compliance with my Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy so you are aware of how I and 3rd party services collect and use your personal information.
I respects copyright, and I prohibit users of neoklein.net from submitting, uploading, posting, or otherwise transmitting any Content on neoklein.net that violates another person’s proprietary rights.
To report allegedly infringing Content hosted on neoklein.net send me an email:
By me: I may modify, suspend, or terminate the operation of, or access to, all or any portion of neoklein.net at any time for any reason. Additionally, your individual access to, and use of, neoklein.net may be terminated by me at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using neoklein.net at any time.
Automatic upon breach: Your right to access and use neoklein.net automatically upon your breach of any of the Terms.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.
Choice of law: The Terms are governed by and construed by the laws of Germany and the EU.
Dispute resolution: The parties agree that any disputes between me and you concerning these Terms, and/or neoklein.net may only brought in a court of competent jurisdiction sitting in Germany, and you hereby consent to the personal jurisdiction and venue of such court.
IF YOU ARE AN AUTHORIZED AGENT OF A GOVERNMENT OR INTERGOVERNMENTAL ENTITY USING NEOKLEIN.NET IN YOUR OFFICIAL CAPACITY, INCLUDING AN AUTHORIZED AGENT OF THE FEDERAL, STATE, OR LOCAL GOVERNMENT IN THE UNITED STATES, AND YOU ARE LEGALLY RESTRICTED FROM ACCEPTING THE CONTROLLING LAW, JURISDICTION, OR VENUE CLAUSES ABOVE, THEN YOU ARE NOT ALLOWED TO USE NEOKLEIN.NET.
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and me as a result of the Terms or from your use of neoklein.net.
April 2018
Derived from Creative Commons Master Terms
