Conditions of Use
For the purposes of these Conditions of Use, www.lostfriends.org is known as the "Service".
Robert Broadfoot is the "Service Provider". Anyone who accesses or uses the Service in any way is the "User".
All data, messages and information or material of any kind placed on the Service or used in connection with the Service is the "Content".
The act of placing Content in the Service is "Posting".
2. Acceptance of Conditions of Use
By posting or accessing Content on the Service on any or each occasion, the User agrees to and accepts the validity and terms of the current Conditions of Use and the right of the Service Provider to change or add to the Conditions of Use at any time in the future without notice.
Any failure of the Service Provider to make use of or enforce any condition or provision of the Conditions of Use shall not be considered to be a waiver of his rights or provisions thereunder. If any provision of the Conditions of Use is found by the court of jurisdiction to be invalid, the parties involved agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and that any other provisions of the Conditions of Use remain unaffected in their application.
The User agrees not to use the Service for any purpose which is not lawful or which is forbidden by the Conditions of Use. The User agrees not to use the Service to:
The User agrees not to pass on information of any kind concerning any person being sought - particularly to the seeker of that person - without that person's express permission. The User agrees instead to inform only the person being sought.
- post, e-mail or otherwise transmit, disseminate or store any content, material or information which is unlawful, defamatory, abusive, harassing, threatening, vulgar, obscene, or racially, ethnically or otherwise reasonably objectionable
- post, e-mail or otherwise transmit, disseminate or store any proprietary or copyright content, material or information without the permission of the owner
- collect personal data, including e-mail or internet addresses, for reasons which are unconnected with the immediate and specific purpose of the Service
- stalk or act in anyway which is deliberately invasive of another person's privacy
- impersonate any person or otherwise misrepresent him-/herself to others
- post, e-mail or otherwise transmit any unsolicited or unauthorized advertising or promotional matter or any other form of commercial or mass solicitation
- post, email or otherwise transmit any material containing software viruses or any other software which is harmful or disrupts the normal functioning of computer software or hardware
- intentionally or unintentionally violate any applicable local, state, national or international law.
3. Limitation of liability
The use of the Service is entirely at the User's own risk. The Service Provider will do his reasonable best as a non-commercial body to maintain the Service but the Service Provider makes no guarantee that the Service will meet the User's requirements, that the Service will be uninterrupted or free from error, or that the results obtained from the Service are accurate, reliable or suitable for the User's particular purpose.
The Service is made available for Users to post, access and respond to Content directly and at any time without the editorial control, monitoring or other involvement of the Service Provider. All Content, whether posted or accessed on the Service or transmitted privately in connection with use of the Service, is the sole responsibility of the User and/or the person from which such Content originates. The Service Provider cannot guarantee the privacy of any content posted on the Service by the User. The User is thus entirely responsible for all Content that he/she posts, accesses, e-mails or otherwise transmits, disseminates or stores in connection with the Service. The Service Provider cannot guarantee the accuracy, integrity or quality of any Content. The User accepts that by using the Service, he/she may possibly be exposed directly or indirectly to Content that may be offensive, indecent or objectionable.
The Service Provider accepts no responsibility or legal liability in any form whatsoever for any loss or damage caused directly or indirectly to any parties by the use or Content of the Service or for any results of defects that may exist. He furthermore accepts no responsibility or legal liability for the correctness, completeness or legality of postings made by Users. The User agrees to indemnify and hold the Service Provider, his agents or other partners harmless against all claims, liability, damages, costs and expenses, including legal fees, arising out of or relating to use of or inability to use the Service, Content placed on the Service, or violation of the Conditions of Use or the rights of a third party, or any other matter relating to the Service.
In view of the open access structure of the Service and of the internet in general, the Service Provider accepts no responsibility or legal liability for the design or content of any external content or services which may be accessed directly from the Service as a result of the placement or availability of links to other internet sites or resources , or for any loss or damage arising therefrom. Any material downloaded or otherwise obtained indirectly through the use of the Service is done so at the User's own risk.
4. Deletion of Content/Termination of User Access
The Service Provider reserves the right but not the obligation at his sole discretion and without notice, explanation, or liability of any kind to delete Content or to refuse or terminate use of the Service or any part of it by any User who in the sole opinion of the Service Provider is in breach of the letter or spirit of the Conditions of Use or is abusing the Service in any other way.
5. Termination of Service
The Service Provider reserves the right to terminate or alter the Service temporarily or permanently at any time without notice, explanation, or liability of any kind.
Use of the Service including the Conditions of Use and any dispute arising therefrom shall be governed by German law and be held to fall within the exclusive jurisdiction of the courts located in Düsseldorf. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred.