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cybaLOUNGE is created and maintained by
Metaverse School GmbH
Limitation of liability for internal content
The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.
Pursuant to section 7, para. 1 of the TMG (Telemediengesetz – Tele Media Act by German law), we as service providers are liable for our own content on these pages in accordance with general laws. However, pursuant to sections 8 to 10 of the TMG, we as service providers are not under obligation to monitor external information provided or stored on our website. Once we have become aware of a specific infringement of the law, we will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.
Limitation of liability for external links
Our website contains links to the websites of third parties (“external links”). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.
The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors in question.
A visit to our website can result in the storage on our server of information about the access (date, time, page accessed). This does not represent any analysis of personal data (e.g., name, address or e-mail address). If personal data are collected, this only occurs – to the extent possible – with the prior consent of the user of the website. Any forwarding of the data to third parties without the express consent of the user shall not take place.
We would like to expressly point out that the transmission of data via the Internet (e.g., by e-mail) can offer security vulnerabilities. It is therefore impossible to safeguard the data completely against access by third parties. We cannot assume any liability for damages arising as a result of such security vulnerabilities.
The use by third parties of all published contact details for the purpose of advertising is expressly excluded. We reserve the right to take legal steps in the case of the unsolicited sending of advertising information; e.g., by means of spam mail.
Source: English Disclaimer on Mustervorlage.net (http://www.mustervorlage.net/disclaimer-muster#Englisch)
The Metaverse School GmbH (“cybaLOUNGE”, “our”, “us” or “we”) provides an online virtual world and related services, which we make available via www.cybalounge.com and www.cybalounge.de (the “Application”) and on our websites, accessible at www.cybalounge.com, www.cybalounge.de, www.nonprofitvirtualworld.org and www.metaverse-school.com (the “Site”). The Application, Site and related services are collectively referred to herein as the “Services”. Please read carefully the following terms and conditions (“Terms”). These Terms govern your access to and use of the Application, Site, Services and Collective Content (defined below), and constitute a binding legal agreement between you and Dieter Heyne IT-Consulting.
The Services are intended solely for persons who are 18 years or older. Any access to or use of the Services by anyone under the age of 18 is expressly prohibited. By accessing or using the Services, you represent and warrant that you are 18 years or older.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON, OR ACCESSING OR USING THE APPLICATION, SITE OR SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR TO THE APPLICATION OR SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU ARE A MEMBER. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APPLICATION, SITE, SERVICES OR COLLECTIVE CONTENT
THE SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, cybaLOUNGE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. cybaLOUNGE MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. cybaLOUNGE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM cybaLOUNGE OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT cybaLOUNGE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES cybaLOUNGE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS OF THE SERVICES. cybaLOUNGE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR OTHER USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS OR OTHER USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APPLICATION, SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER cybaLOUNGE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR cybaLOUNGE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE cybaLOUNGE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APPLICATION, SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT cybaLOUNGE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree not to do any of the following:
1. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
2. Access, tamper with, or use non-public areas of the Site or Application, cybaLOUNGE’s computer systems, or the technical delivery systems of cybaLOUNGE’s providers;
3. Attempt to probe, scan, or test the vulnerability of any cybaLOUNGE system or network or breach any security or authentication measures;
4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by cybaLOUNGE or any of cybaLOUNGE’s providers or any other third party (including another Member) to protect the Application, Site, Services or Collective Content;
5. Attempt to access or search the Application, Site, Services or Collective Content or download Collective Content from the Application, Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by cybaLOUNGE or other generally available third party web browsers;
6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation or operate or profit from a “game of chance”;
7. Use any meta tags or other hidden text or metadata utilizing a cybaLOUNGE trademark, logo URL or product name without cybaLOUNGE’s express written consent;
8. Use the Application, Site, Services or Collective Content for the benefit of any third party or in any manner not permitted by these Terms;
9. Operate or profit from a virtual “bank” via the Services;
10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Application, Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Application, Site, Services or Collective Content;
12. Interfere with, or attempt to interfere with, the access of any Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Application, Site or Services;
13. Collect or store any personally identifiable information from the Application, Site or Services from other Members of the Application, Site or Services without their express permission;
14. Impersonate or misrepresent your affiliation with any person or entity;
15. Violate any applicable law or regulation; or
16. Encourage or enable any other individual to do any of the foregoing.
cybaLOUNGE has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. cybaLOUNGE may involve and cooperate with law enforcement authorities in prosecuting Members who violate these Terms. You acknowledge that cybaLOUNGE has no obligation to monitor your access to or use of the Application, Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Application, Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. cybaLOUNGE reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content for any reason, including Member Content, that cybaLOUNGE, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Application, Site or Services.
In addition to the General Prohibitions listed above, your participation in the Services is governed by specific rules (“Rules”) maintained and enforced exclusively by cybaLOUNGE. Your cooperation in understanding and complying with the Rules is essential to ensure that all Members and anonymous users can enjoy their experience with the Services. According to the Rules, you must:
• respect the rights of other Members to use and enjoy the Services. To this end, you may not defraud, harass, threaten, or cause distress and/or unwanted attention to users or other Members.
• not spam, flood, or make duplicate posts when engaging in any interaction with other Members and cybaLOUNGE employees or agents, including customer service representatives, or otherwise disrupt the normal flow of dialogue, or use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive language or link to any such language or content;
• not impersonate any employee or agent including customer service representatives, of cybaLOUNGE or its affiliates;
• not post or communicate any Member’s “real world” information (name, address, account name, etc.) through the Services;
• not organize or be a member of any groups within the Services that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay or other discriminatory values;
• not exploit any errors in design features which have not been documented, and/or "bugs" to gain access to content that is otherwise not available to Members; or communicate the existence of any such errors or “bugs”, either directly or through public posting, to other Members. Errors and bugs should be promptly reported to us at firstname.lastname@example.org;
• not engage in any other conduct that is disrespectful to other Members or contrary to the “spirit” of the Services.
THANK YOU FOR YOUR UNDERSTANDING ... ENJOY YOUR STAY AT cybaLOUNGE!