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Terms of Service of the Linux Counter

TERMS AND CONDITIONS

 

 

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our The Linux Counter Project's use of cookies in accordance with the terms of The Linux Counter Project's privacy policy.

 

License to use website

Unless otherwise stated, The Linux Counter Project is licensed under the GNU General Public License Version 3
All textual contents of this website is licensed under the GNU Free Documentation License Version 1.3

 

You may view, download and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  

 

You may view, download, print pages, republish material, show any material from the website in public or redistribute, reproduce, duplicate, copy material on this website for personal or commercial use, but leave a credit with a link to this website.

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Linux Counter Project's express written consent.

 

You must not use this website to transmit or send unsolicited commercial communications.

 

You must not use this website for any purposes related to marketing without The Linux Counter Project's express written consent.

 

Restricted access

 

Access to certain areas of this website is restricted.  The Linux Counter Project reserves the right to restrict access to areas of this website, or indeed this entire website, at The Linux Counter Project's discretion.

 

If The Linux Counter Project provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  

 

The Linux Counter Project may disable your user ID and password in The Linux Counter Project's sole discretion without notice or explanation.

 

User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

The Linux Counter Project reserves the right to edit or remove any material submitted to this website, or stored on The Linux Counter Project's servers, or hosted or published upon this website.

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  The Linux Counter Project makes no representations or warranties in relation to this website or the information and materials provided on this website.  

 

Without prejudice to the generality of the foregoing paragraph, The Linux Counter Project does not warrant that:

 

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

 

Limitations of liability

 

The Linux Counter Project will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if The Linux Counter Project has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Linux Counter Project's liability in respect of any:

 

  • death or personal injury caused by The Linux Counter Project's negligence;
  • fraud or fraudulent misrepresentation on the part of The Linux Counter Project; or
  • matter which it would be illegal or unlawful for The Linux Counter Project to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

You accept that, as a limited liability entity, The Linux Counter Project has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against The Linux Counter Project's officers or employees in respect of any losses you suffer in connection with the website.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Linux Counter Project's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Linux Counter Project.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify The Linux Counter Project and undertake to keep The Linux Counter Project indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Linux Counter Project to a third party in settlement of a claim or dispute on the advice of The Linux Counter Project's legal advisers) incurred or suffered by The Linux Counter Project arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

 

Without prejudice to The Linux Counter Project's other rights under these terms and conditions, if you breach these terms and conditions in any way, The Linux Counter Project may take such action as The Linux Counter Project deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 

The Linux Counter Project may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

The Linux Counter Project may transfer, sub-contract or otherwise deal with The Linux Counter Project's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

 

These terms and conditions constitute the entire agreement between you and The Linux Counter Project in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].

 

The Linux Counter Project's details

 

The full name of The Linux Counter Project is The Linux Counter Project.  

 

The Linux Counter Project's address is:

Christin Löhner
Burgstraße 4D
78351 Bodman-Ludwigshafen
Germany
info@linuxcounter.net
+49 (0)151 234 620 80

 

You can contact The Linux Counter Project by email to info@linuxcounter.net.