GAMES MADE WITH PASSION

BY MARCUS DOBLER

IMPRINT

MARCUS DOBLER

APPLICTAIONS UG

HAFTUNGSBESCHRÄNKT


FLIEDERWEG 10 A - 92507 NABBURG

BAVARIA - GERMANY


VERTRETUNSBERECHTIGTER

GESCHÄFTSFÜHRER

MARCUS DOBLER


BAYERN AMTSGERICHT AMBERG

HRB 5718


UST.IDNR

DE301581974


MAIL

MDOBLER@MDOBLER.COM


TELEFON

0049 9433 20 11 17


SKYPE

M_DOBLER


Datenschutzerklärung

Sie können unsere Seite besuchen, ohne Angaben zu Ihrer Person zu machen. Personenbezogene Daten werden nur erhoben, wenn Sie uns diese im Rahmen Ihres Besuchs unseres Internetauftritts freiwillig mitteilen.


Facebook


Auf unserer Website sind zudem Programme (Plug-ins) des sozialen Netzwerks Facebook enthalten. Diese werden ausschließlich von der Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (Facebook) betrieben. Die Plug-Ins sind im Rahmen unseres Internetauftritts durch das Facebook Logo oder den Zusatz „Gefällt mir” kenntlich gemacht. Beim Besuch einer Website unseres Internetauftritts, die ein derartiges Plug-in beinhaltet, stellt ihr Browser eine direkte Verbindung mit den Servern von Facebook her, wodurch wiederum der Inhalt des Plug-ins an Ihren Browser übermittelt und von diesem in die dargestellte Website eingebunden wird. Hierdurch wird die Information, dass Sie unsere Website besucht haben, an Facebook weitergeleitet. Sofern Sie während des Besuchs unserer Website über Ihr persönliches Benutzerkonto bei Facebook eingeloggt sind, kann Facebook den Websitebesuch diesem Konto zuordnen. Durch Interaktion mit Plug-ins, z.B. durch anklicken des „Gefällt mir“-Buttons oder hinterlassen eines Kommentars werden diese entsprechenden Informationen direkt an Facebook übermittelt und dort gespeichert. Wenn Sie eine solche Datenübermittlung unterbinden möchten, müssen Sie sich vor dem Besuch unseres Internetauftritts unter Ihrem Facebook-Account ausloggen.


Zweck und Umfang der Datenerhebung durch Facebook sowie die dortige weitere Verarbeitung und Nutzung Ihrer Daten wie auch Ihre diesbezüglichen Rechte und Einstellungsmöglichkeiten zum Schutz Ihrer Privatssphäre entnehmen Sie bitte den Datenschutzhinweisen von Facebook (http://de-de.facebook.com/privacy/explanation.php).


http://www.wbs-law.de


Google Analytics


Diese Website benutzt Google Analytics, einen Webanalysedienst der Google Inc. („Google“). Google Analytics verwendet sog. „Cookies“, Textdateien, die auf Ihrem Computer gespeichert werden und die eine Analyse der Benutzung der Website durch Sie ermöglicht. Die durch den Cookie erzeugten Informationen über Ihre Benutzung dieser Website (einschließlich Ihrer IP-Adresse) wird an einen Server von Google in den USA übertragen und dort gespeichert. Google wird diese Informationen benutzen, um Ihre Nutzung der Website auszuwerten, um Reports über die Websiteaktivitäten für die Websitebetreiber zusammenzustellen und um weitere mit der Websitenutzung und der Internetnutzung verbundene Dienstleistungen zu erbringen. Auch wird Google diese Informationen gegebenenfalls an Dritte übertragen, sofern dies gesetzlich vorgeschrieben oder soweit Dritte diese Daten im Auftrag von Google verarbeiten. Google wird in keinem Fall Ihre IP-Adresse mit anderen Daten, die von Google gespeichert werden, in Verbindung bringen. Sie können die Installation der Cookies durch eine entsprechende Einstellung Ihrer Browser Software verhindern; wir weisen Sie jedoch darauf hin, dass Sie in diesem Fall gegebenenfalls nicht sämtliche Funktionen dieser Website voll umfänglich nutzen können. Durch die Nutzung dieser Website erklären Sie sich mit der Bearbeitung der über Sie erhobenen Daten durch Google in der zuvor beschriebenen Art und Weise und zu dem zuvor benannten Zweck einverstanden.


Bei Fragen zur Erhebung, Verarbeitung oder Nutzung Ihrer personenbezogenen Daten sowie bei Auskünften, Berichtigung, Sperrung oder Löschung von Daten benutzen Sie das Kontaktformular.


PRIVACY POLICY


Our Apps collectiong personally identifiable information from you solely to operate the Service as described in the “How We Use Your User Information” section below. We will not sell your personally identifiable information to advertisers or spammers. We will only share the information we collect from you as described in the section below entitled “How We Share Your User Information.”


We at Marcus Dobler Applications UG (haftungsbeschränkt) ("we" or the "Company") respect your privacy and value the relationship we have with you. This Privacy Policy is designed to show you what information about you we collect through our app on the social network operated by Facebook (the “Facebook Application”), the related mobile device software applications (the “Mobile Software”) and the Crazy Cargo website at www.crazy-cargo.com (together with the Facebook Application and the Mobile Software, the "Service"), and how we use and share that information. Your use of Facebook in general and your relationship with Facebook are subject to Facebook’s own Privacy Policy and Facebook’s other terms and policies, which we strongly recommend that you review before you start using the Service. We do not control and are not responsible for Facebook’s processing of your information.


Information We Collect About You

We may also send you emails and post on your Facebook Wall in connection with your use of the Service. In addition to the Facebook Information, we may collect information we receive from you in connection with your requests for customer support, your user feedback or other communications you direct to us. Any such information will be treated in the same manner as Facebook Information.


Information We Collect When You Access the Service on a Mobile Device



When you use the Mobile Software on your mobile telephone or other mobile device, we collect your unique device identifier, IP address and your location (“Mobile Information” and together with Facebook Information “User Information”).


How We Use Your User Information


The Company will only use your User Information for the following purposes:


to post on your Wall or to send you emails regarding your use of the Service


to provide technical support and to respond to your inquiries


to communicate about new features or promotions of the Service


to prevent fraud or potentially illegal activities and to enforce our Terms of Use


to solicit your feedback to improve the Service and your experience using it


to administer and improve the Service


to keep track of your activity patterns, preferences and location in order to improve the level of service you receive from the Service (we may use your Mobile Information for this purpose)


to promote the Service and other products and services of ours and our affiliates, including in private and publicly available product demonstrations and in communications with social media partners, media outlets and other third parties, provided that your User Information will only be used in such promotions in aggregate form, anonymized form, or after removing your and your Facebook friends' names, photos, videos and contact information


We will not sell your personally identifiable User Information to advertisers or spammers.


How We Share Your User Information


We may share your User Information in the following cases:


With Affiliates and Third-Party Service Providers: We may disclose your User Information to our affiliates and third-party service providers to the extent permitted by Facebook. Except as otherwise set forth in this section, we will only share your User Information with any such parties in connection with the administration of the Service or for the purpose of improving your experience with the Service. Third party service providers are not authorized by us to use or disclose your User Information except as necessary to perform services on our behalf or comply with legal requirements.


In Connection with Promotions: We may share your User Information in order to promote the Service and other products and services of ours and our affiliates, including in private and publicly available product demonstrations and in communications with social media partners, media outlets and other third parties, provided that we will only share your User Information in such promotional efforts in aggregate form, anonymized form, or after removing your and your Facebook friends’ names, photos, videos and contact information.


With Your Consent: We may share your User Information with other third parties with your consent.


As Required by Law: We may disclose any User Information we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request.


To Prevent Harm or Loss: We may disclose User Information when we believe, in our sole discretion, disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with suspected or actual illegal activity.


In Connection With a Sale of Our Business: We also reserve the right to transfer User Information in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use the User Information in a manner that is consistent with this Privacy Policy. Following such a sale or transfer, you may contact the entity to which we transferred the User Information with any inquiries concerning the processing of that information.


We will not provide personally identifiable User Information to third parties for their use in marketing their products or services to you, but we do not control and are not responsible for Facebook’s own use of content and information it collects in relation to this Service.


How We Protect Your User Information


We maintain administrative, technical and physical safeguards designed to protect the User Information that we collect about you against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. While we cannot guarantee that no accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use of your information will occur, we try to prevent such occurrences.


Transfers of User Information to Other Countries


The Company uses databases located in different jurisdictions. We may transfer User Information we collect about you to our databases outside your country of residence. Even if the laws in the country to which the information is transferred do not require us to provide adequate protection for your data, we will nevertheless seek to ensure that information transferred to such country is adequately protected.


Your Privacy Rights and Choices


You may stop the Service from using your User Information at any time by (i) uninstalling the Facebook Application and setting your Facebook privacy settings to prevent the Service from accessing your Facebook Information through your friends or (ii) by deleting your Facebook account. Subject to applicable law, we provide you with access to the User Information we have retained about you and the ability to review, correct, update, block or delete the information where it is inaccurate. Subject to applicable law, we may limit or deny access to your User Information where providing such access is unreasonably burdensome or expensive under the circumstances. Please submit your request to the address specified in the "How to Contact Us" section below.


Updates to This Privacy Policy


This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our information processing practices or for any other purpose. We will post a notice in the Info section of the Service’s profile to notify you of any significant changes to the Privacy Policy and indicate there and at the top of the Privacy Policy when it was most recently updated.


How to Contact Us


If you have any questions or comments about this Privacy Policy, please contact us by email at mdobler@mdobler.com. You also may write to us at Marcus Dobler Applications UG (haftungsbeschränkt) Fliederweg 10A 92507 Nabburg. Questions or comments submitted through other means, such as Wall posts, may not be received or addressed.


Terms of Service


These Terms of Use, as amended from time to time, apply to each user of the our Applications on the social network operated by Facebook (the “Facebook Application”), the related mobile device software applications (the “Mobile Software”) and on the Crazy Cargo website at mdobler.com (together with the Facebook Application and the Mobile Software, the "Service") owned and operated by Marcus Dobler Applications UG (haftungsbeschränkt) Incorporated (the "Company" or "we", "us", "our"). The presence of the Facebook Application on Facebook does not indicate any relationship or affiliation between the Company and Facebook.


The Company offers the Service, including all information, tools and services available from the Service, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of the Service constitutes your agreement to these Terms of Use and is subject to these Terms of Use and all applicable laws, rules and regulations. The Terms of Use shall commence on the earlier to occur of the date you add the Facebook Application to your Facebook account and the date you first use or access the Mobile Software.


The Company reserves the right to modify, add or delete portions of these Terms of Use at any time and for any purpose. You are responsible for reviewing these Terms of Use often enough to stay abreast of any changes. We will endeavor to notify you of any changes by posting notice of such changes on the Service or by sending you a message through Facebook or by mail. Your use of the Service following any change or amendment to these Terms of Use constitutes your acceptance of such change or update. If you do not agree to abide by these or any future Terms of Use, you are not authorized to use or access (or continue to use or access) the Service.


If you violate these Terms of Use, we may, at our sole discretion, issue you a warning or terminate your ability to use the Service. You understand that we may terminate your ability to use the Service at any time with or without reason, notice to you or any liability on our part.


Privacy


The Company believes strongly in user privacy. Please refer to the Service’s Privacy Policy for information on how we collect, use and disclose personal information from users of the Service. Your use of the Service signifies your acknowledgment of, and agreement to, the Service’s Privacy Policy.


Eligibility


If you are 15 years old or younger, you are not authorized to register or submit any content or information in connection with the Service without the explicit consent of your parent or legal guardian. If you live in a state or country where consent of a parent or guardian is required if you are under the age of 21, you may be required by us to secure such consent prior to your registration with the Service.


Use of the Service


You may access the Service for your personal non-commercial use. Any other use of the Service or the content on the Service (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) (the “Service Content”), including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Service, or use of the Service for purposes competitive to the Company, is expressly prohibited.


You may not use contact information provided on the Service for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Service or to surreptitiously intercept any system, data or personal information from the Service. You agree not to interrupt or attempt to interrupt the operation of the Service in any way.


You are responsible for protecting the confidentiality of the password associated with your Facebook account and for restricting access to your computer while logged into the Service. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your Facebook account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify the Company immediately. The Company may assume that any communications the Company receives under your password have been made by you unless the Company receives notice otherwise.


You or third parties acting on your behalf are not allowed to frame the Service or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any Service Content without the Company’s express written consent. Further, you may not utilize any Service Content in any meta tags or any other “hidden text” techniques or technologies without the Company’s express written consent.


The Company reserves the right, in its sole discretion, to limit or terminate your access to or use of the Service at any time without notice. Neither these Terms of Use nor termination of your access or use will waive or adversely affect any other right or relief to which the Company may be entitled at law or in equity.


Accuracy, Completeness and Timeliness of Information on the Service


The Company is not responsible for the accuracy, completeness or currency of information made available to you on the Service and you should not rely on any such information being accurate, current or complete. The material provided to you by the Service is provided for general information only and should not be relied upon or used as the basis for making decisions. Any reliance on the material on the Service is at your own risk. We reserve the right to modify the Service at any time, but we have no obligation to update any information on the Service.


Materials You Submit


You acknowledge that you are responsible for any material you may post or submit to the Service, including all information and content that is provided by you or other users to Facebook and to which you then grant the Service access (collectively, “User Content”). Your responsibilities include the legality, reliability, appropriateness, originality and copyright of any User Content. You may not upload to, distribute, grant access to or otherwise publish through the Service any User Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam”; or (iv) is otherwise in violation of Facebook’s rules or policies, as they may be updated from time to time. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any User Content. You may not upload commercial content onto the Service.


Unless we indicate otherwise, you grant the Company and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display User Content throughout the world in any media, subject in each case to the restrictions set forth in the Service’s Privacy Policy. You further agree that the Company and its affiliates are free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to the Company or its affiliates. You represent and warrant that you own or otherwise control all the rights to User Content; that User Content is accurate; that use of User Content does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify the Company and its affiliates for all claims resulting from User Content. In addition, at all times in your use of the Service, you are also subject to Facebook’s Statement of Rights and Responsibilities, Privacy Policy, and other rules or regulations and, as such, any User Content can be used by Facebook according to such policies.


Users' Representations and Warranties


In connection with your use of the Service, you represent and warrant that you will not, and will not allow any third party to:



Violate any proprietary rights of any person or entity;


Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Service or Service Content;


Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Service, the Service Content or any content contained therein;


Use the Service in any manner that could damage, disable, overburden, or impair the Service, the Company, Facebook, or any other person or entity;


Collect any information (including usernames and/or email addresses) about other users of the Service; create or transmit unwanted electronic communications to other users of the Service; or otherwise interfere with such users’ enjoyment of the Service;


Use the Service to further or promote any illegal activity or enterprise, including fraud, trafficking in obscene material, pornography, drug dealing, gambling, harassment, stalking, spamming, or distributing viruses or other harmful files; or


Use the Service in violation of these Terms of Use, Facebook’s rules and policies or any applicable laws or regulations.


You may not take any action to interfere with the Service or any other user’s use of the Service. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any Service Content without our prior written consent or the consent of the content owner if such Service Content is not owned by the Company. You agree not to bypass any measures we may use to prevent or restrict access to the Service.


You shall not use the Service for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You will comply with all laws related to your use of the Service.


Mobile Software License


Subject to the terms of these Terms of Use, the Company grants you a non-transferable, non-exclusive license to download, install and use one copy of each application constituting the Mobile Software in object code form only on a mobile device that you own or control.


You may not derive or attempt to derive the source code of all or any portion of the Mobile Software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Mobile Software or any part thereof.


The Company and its licensors own and shall retain all intellectual property rights and other rights in and to the Mobile Software, and any changes, modifications or corrections thereto.


The following terms and conditions apply to you only if you are using Mobile Software from the Apple App Store. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Mobile Software from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and the Company, not Apple, and that Apple has no responsibility for the Mobile Software or content thereof. Your use of the Mobile Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. In the event of any failure of the Mobile Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Mobile Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and the Company acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Mobile Software or your possession and/or use of the Mobile Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the Mobile Software or your possession and use of that Mobile Software infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the Mobile Software. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the Mobile Software, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.


Reservation of Intellectual Property rights


You do not acquire any right, title or interest in the Service or any Service Content by virtue of accessing the Service or making use of the permitted uses allowed under these Terms of Use. The Company, or its licensors or content providers, retain full and complete title to the Service and the Service Content, including all associated intellectual property rights. The Company neither warrants nor represents that your use of the Service or the Service Content will not infringe rights of third parties.


Trademarks and Copyrights


Trademarks, logos and service marks displayed on the Service are registered and unregistered trademarks of the Company, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Service without the owner’s prior written permission, except as otherwise described herein. The Company reserves all rights not expressly granted in and to the Service and the Service Content. This Service and the Service Content are protected as a compilation under the copyright laws of Germany and other countries.


The Company is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Service, including material you provide to us, and so we have an absolute right to remove any material from the Service in our sole discretion at any time.


DISCLAIMERS


YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT THE SERVICE OR THE SERVICE CONTENT IS NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SERVICE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.


IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY


YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT THE SERVICE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SERVICE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, THE COMPANY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SERVICE. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE OR ANY CONTENT CONTAINED THEREIN, OUR LIABILITY SHALL IN NO EVENT EXCEED U.S. $5.00.


Indemnification


You agree to indemnify, defend and hold harmless the Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Service and any violation of these Terms of Use, including, without limitation, (i) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right, (ii) any claims that your use of the Service caused damage to a third party, (iii) violations of any and all applicable laws, rules or regulations from any jurisdiction, (iv) your violation of Facebook’s Statement of Rights and Responsibilities, Privacy Policy, or other rules or regulations, and (v) your encouragement, assistance or enablement of any third party’s violation of any of the provisions, laws, rules, regulations, rights or agreements described above. If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company in the defense of such matter.


Jurisdiction and Applicable Law


The laws of the Federal Republic of Germany govern these Terms of Use and your use of the Service, and you irrevocably consent to the jurisdiction of the courts located in the County of Fairfax for any action arising out of or relating to these Terms of Use and agree that any action arising out of or relating to these Terms of Use shall be brought exclusively in Germany. We recognize that it is possible for you to obtain access to this Service from any jurisdiction in the world, but we have no practical ability to prevent such access. This Service has been designed to comply with the laws of the Federal Republic of Germany. If any material on this Service, or your use of the Service, is contrary to the laws of the place where you are when you access it, the Service is not intended for you, and we ask you not to use the Service. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.


Changes to the Service


The Company reserves the right to terminate or modify the Service or to change any Service Content with or without prior notice for any reason. You agree that the Company will not be liable for any discontinuation of or changes to the Service or the Service Content.


Assignment


The Company may assign any of its rights or obligations under these Terms of Use to (a) any subsidiary or affiliate of the Company; (b) any entity that acquires all or substantially all of the assets of the Company; or (c) any entity that acquires all or substantially all of the Company’s interest in the Service or the assets related thereto. The Terms of Use (and your account on the Service) are personal to you and may not be transferred or assigned.


Communications


You consent to receive electronic communications from us and agree that email communications to the email address associated with your Facebook account, notices posted on the Service or messages displayed when you enter the Service satisfy any legal requirement that such communications be in writing.


Links


The Service may contain links to other Web sites, some of which are operated by the Company or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on such sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. The Company is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.


International Users


This Service is controlled and operated within the Federal Republic of Germany. We make no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the Federal Republic of Germany. If you access this Service from a location outside of Germany, you are responsible for compliance with applicable laws, including German export laws and regulations. By using this site and submitting any personal information, visitors from outside of Germany acknowledge that this site is subject to German law, consent to the transfer of personal data to Germany, and waive any claims that may arise under their own national laws.


Additionally, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Germany or the country in which you reside.


Entire Agreement and Admissibility


This agreement and any policies or operating rules posted on this Service constitute the entire agreement and understanding between you and the Company with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Severability


If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.