Last updated: March 09, 2020
CollabMagazineprovides users with technology news reporting and a forum to discuss technology issues. Please be friendly and nice to other users of the CollabMagazine.com. Use constructive language and be courteous toward others’ good-faith efforts.
Follow the content Golden Rule.
Please don’t add clutter to the sites. Illegal, spam, pornographic, inappropriate, or irrelevant content is considered clutter and will be deleted. Follow the Golden Rule: add content that you would like to read, given the purposes of the Service.
Don’t be litigious.
Now, here is the stuff that we expect you to read, and that you are agreeing to, by accessing CollabMagazine.com:
- Disclaimer of Warranties.
(a) Disclaimer of Accuracy of Information; Be Careful with Your Personal Information. WE HAVE NO WAY OF INDEPENDENTLY VERIFYING THE ACCURACY OF INFORMATION OR IDENTITY GIVEN TO US BY ANY USER. YOU SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE INFORMATION COULD BE USED TO HARM, HARASS, OR OTHERWISE BE USED AGAINST YOU.
(b) “As Is” Service. THE SERVICE AND ALL MATERIALS (AS DEFINED BELOW) AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVALABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COLLABMAGAZINE SPECIFICALLY (FOR PURPOSES OF EXAMPLE) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COLLABMAGAZINE DOES NOT WARRANT THAT THE SERVICE, OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, CORRECT, ACCURATE, RELIABILE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT IT WILL CORRECT ANY ACTUAL OR PERCEIVED DEFICIENCIES IN THE SERVICE.
(d) No Implied Warranties; Assumption of Risk. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAIALBLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERIVCE, YOUR DEALING WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT ON OR THROUGH THE SERVICE AND ANY ASSOCIATED SITE OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE.
(e) Inapplicable Disclaimers. SOME JURSIDICATIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE ABOVE-REFERENCED DISCLAIMERS ARE APPLICABLE TO THE EXTENT NOT PROHIBTED BY APPLICABLE LAW.
- Limitation of Liability
(a) No Consequential Damages. COLLABMAGAZINE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER AND, IN PARTICULAR, COLLABMAGAZINE WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THE SERVICE, THE MATERIALS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW , OR OTHERWISE, EVEN IF COLLABMAGAZINE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
(b) Liability Cap. YOU AGREE THAT THE AGGREGATE LIABILITY OF COLLABMAGAZINE TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT) OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO NUBELUS FOR THE PARTICULAR PORTION OF THE SERVICE GIVING RISE TO THE CLAIM.
(c) Inapplicable Limitations on Liability. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(d) Basis of the Bargain. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLIAMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 2 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will be responsible for your use of the Service, and will defend, indemnify and hold harmless CollabMagazine, its parents, subsidiaries, affiliates, officers, directors, from and against any and all claims, demands, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of this Agreement or any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation; (iii) your violation of any third party right including, for example, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to any matter), and you agree to cooperate with our defense of these claims.
- Your Account
(a) Account Information. To access features of the Service, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about you (such as an e-mail address or other contact information). You will provide accurate information and keep it accurate and up-to-date at all times. You must not provide information that is inaccurate or personally unrelated.
(b) Passwords and Security. When you register for one or more accounts, you will be asked to provide one or more passwords. You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s). You are entirely responsible for any and all activities which occur under your account(s) whether authorized or not authorized. You agree to notify CollabMagazine immediately of any unauthorized use of your account(s) or any other breach of security known or that should be known to you. Your right to use the Service is personal to you. You agree not to resell or make any commercial use of the Service without the express written consent of CollabMagazine.
- Termination, Discontinuation, Modification, and Interruption
Your account remains in effect until you terminate it or CollabMagazine terminates your account as provided under this Section 5. If you violate any provision of this Agreement, your permission to use the Service will terminate automatically. Additionally, CollabMagazine, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time (including, for example, by limiting or discontinuing certain features of the Service) without notice to you. CollabMagazine has the right to delete your account and content subsequent to an extended period of inactivity. CollabMagazine also reserves the right to modify, suspend or discontinue the Service with or without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@CollabMagazine.com. You acknowledge and accept that CollabMagazine does not guarantee continuous, uninterrupted or secure access to our Service and operation of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Third Party Services and Sites
(a) Software Terms. The terms of this Section 7 govern your acquisition and use of software you obtain on or through the Service (the “Software”).
(b) Third Party Accounts. In order to use the Software, you may be required by the third party who is distributing or providing you access to the Software (e.g., Microsoft Corporation, Apple, Inc.) (each, a “Distributor”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. CollabMagazine is not responsible for any act or omission of any Distributor.
- Governing Law; Jurisdiction of the Federal Republic of Germany
This Agreement is governed by the laws of the Federal Republic of Germany, without giving effect to any choice of law rules. To the extent that any lawsuit or court proceeding is permitted under this Agreement, you and CollabMagazine agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Rhineland-Palatinate, Germany for the purpose of litigating those disputes. We operate our Service from Germany and so we make no representation that the Service or the included Materials or User Content are appropriate or available for use in other jurisdictions. If you choose to access our Service you agree to do so subject to the internal laws of Rhineland-Palatinate and Federal Republic of Germany.
- Compliance with Laws.
You assume all knowledge of, and are responsible for compliance with, all applicable law. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any User Content that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Code of Conduct
CollabMagazine restricts your use of the Service. You agree as a user of the Service to NOT engage in any of the following activities:
(a) interfering with the operation of the Service or any user’s enjoyment of the Service including, for example, by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, including, for example, transmitting spam, junk, or mass messaging, (iii) attempting to collect personal information about users or third parties without their consent, or (iv) interfering with, disrupting, or violating the regulations, policies, or procedures of any networks, equipment, or servers connected to or used to provide the Service;
(b) using a robot, spider, or other automatic device, or manual process to monitor or copy any part of the Service without prior written permission;
(c) using the Service for commercial purposes, including advertising any product, service, or position, unless expressly allowed to do so by CollabMagazine;
(d) using the Service in a manner that creates the appearance of conflicts of interest;
(e) performing any fraudulent activity including, for example, impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
(f) using the Service to violate or encourage others to violate any third party rights, including intellectual property rights such as copyrights, trademarks and patents;
(g) using the Service for any illegal purpose, or in violation of any local, state, national or international law, or using the Service to post content that promotes illegal activity;
(h) removing or changing information posted by other users or taking any action on behalf of another user unless expressly allowed by a form on the Service;
(i) creating user accounts using any automated means;
(j) posting, uploading, or distributing any content that is unlawful, defamatory, libelous, inaccurate; that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; or that is inaccurate, untruthful or incomplete;
(k) selling or otherwise transferring the access granted in this Agreement or any Materials or any right or ability to view, access, or use any Materials;
(l) attempting to do, or permitting any persons engaging in, any of activities mentioned above in this Section 10;
(m) CollabMagazine retains the right, at our sole discretion, to terminate any accounts we believe are involved with any of activities mentioned above in this Section 10.
- Ownership; Copyright and Trademark Information
(a) CollabMagazine Materials. The Service is owned and operated by Nubelus UG (haftungsbeschränkt). The visual interfaces, graphics, site design, text, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Nubelus and our third party licensors, and the selection and arrangement of that content (collectively, the “Materials”), are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Nubelus or our third party licensors, with all rights reserved. Except as expressly authorized by Nubelus, you may not make use of the Materials. Nubelus reserves all rights to the Materials not granted expressly in this Agreement. Any use of Materials on the Service, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Nubelus, is strictly prohibited.
(b) Nubelus Marks. Nubelus, CollabMagazine, CollabSummit, and CloudSummit are the proprietary trademarks or service marks of Nubelus. You may not use Nubelus’ trademarks or service marks except as provided in these Terms.
(c) Third Party Marks. All other logos and trademarks displayed on the Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those websites or web software. In addition, use of trademarks or links to other websites is not intended to imply, directly or indirectly, that those websites endorse or have any affiliation with Nubelus and CollabMagazine.
- Notification of Claimed Copyright Infringement
(a) If you have any complaints with respect to material posted on the Service, you may contact:
Nubelus UG (haftungsbeschränkt)
An der Römervilla 8
55411 Bingen am Rhein
By Email: firstname.lastname@example.org
(b) Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of the material that you claim is infringing and where it is located on the Service;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
(c) Repeat Infringers. CollabMagazine will promptly terminate without notice the accounts of users that are determined by CollabMagazine to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than once, has had User Content removed from the Service more than once, or both.
Access to the Service, or certain products, features, or other offers made available via the Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in Euros and are non-refundable. Nubelus may change the fees for the Service or any feature of the Service, including by adding additional fees or changes, on a going-forward basis at any time. Nubelus will charge the payment method you specify at the time of purchase. You authorize Nubelus to charge all sums described in this Agreement to your chosen payment method. If you pay any applicable fees with a credit card, Nubelus may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- User Content
(a) User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
(b) Limited License Grant to CollabMagazine. By posting or publishing User Content, you grant to CollabMagazine a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any use of your User Content by CollabMagazine under this Agreement may be without any compensation paid to you.
(c) Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant to that user a non-exclusive license to access and use that User Content as permitted by this Agreement and the functionality of the Service.
(d) User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of your posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
(i) you are the creator and owner of, and have the necessary licenses, rights, consents, and permissions to use and to authorize CollabMagazine and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 15 and in the manner contemplated by CollabMagazine and this Agreement; and
(ii) your User Content, and the use of your User Content as contemplated in this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
(e) User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. CollabMagazine may, however, at any time and without prior notice, screen, remove, edit, or block User Content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CollabMagazine with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, CollabMagazine does not permit copyright-infringing activities on the service.
- Additional Terms
Your use of the Service is subject to any and all additional terms, policies, rules or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Term”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service. All Additional Terms are hereby incorporated by reference into, and made a part of, this Agreement.
- Consent to Electronic Communications
- Contact Information
The Service is offered by Nubelus UG (haftungsbeschränkt), located at An der Römervilla 8, 55411 Bingen am Rhein, Germany. You may contact us by sending correspondence to our address or by emailing us at email@example.com. If you are a German resident, you may have this Agreement mailed to you electronically by sending a letter to the our address with your email address and a request for this Agreement.
- Other Terms
Thanks for reading this! Let us know if you have any questions or concerns by emailing: firstname.lastname@example.org