NERVES maintains this website (the “Website”) as a source of
information about the band and its activities. By using the Website,
you agree to comply with and be bound by the following terms and
conditions, which we may change at any time by posting notice on this
website. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE
TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to
these terms and conditions, please do not use the Website.
1. Conditions on using the Website.
All the text, images, marks, logos, compilations (meaning the
collection, arrangement and assembly of information), data,
information, publications and other content of the Website, including
any submissions (as defined below), and any of the foregoing sent to
you by e-mail or other means (collectively, the “Site Content”) are
proprietary to us or to third parties.
THE NERVES authorizes you to view, download, and print the Site Content
subject to the following conditions: (a) you may only download and
print the Site Content in limited quantities for your personal,
non-commercial use; (b) you may not modify the Site Content; (c) any
displays or print outs of the Site Content must be marked “© THE
NERVES, 1987-2016. All rights reserved.”; and (d) you may not remove
any copyright, trademark or other proprietary notices that have been
placed in the Site Content. Except as expressly permitted above,
modification, reproduction, redistribution, republication, uploading,
posting, transmitting, distributing or otherwise exploiting in any way
the Site Content, or any portion of the Site Content, is strictly
prohibited without the prior written permission of THE NERVES.
marks THE NERVES, THE NERVES logo, etc are registered or unregistered
trademarks of THE NERVES, and may not be used in connection with any
service or products other than those provided by THE NERVES, in any
manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits THE NERVES. Any use of such marks,
or any others displayed on the Website, will inure solely to the
benefit of their respective owners. This band THE NERVES is located in
Germany and has nothing to do with any other band or artist using the
same or a similar name worldwide.
You agree, and
represent and warrant, that your use of the Website and the Site
Content, or any portion thereof, will be consistent with the foregoing
license, covenants and restrictions and will neither infringe nor
violate the rights of any other party or breach any contract or legal
duty to any other parties. In addition, you agree that you will comply
with all applicable laws, regulations and ordinances relating to the
Website, the Site Content or your use of them, and you will be solely
responsible for your own individual violations of any of them.
2. Submissions Made Directly to THE NERVES Belong to THE NERVES.
In the event that you choose to use the Website or any email addresses
of THE NERVES personnel located through the Website to submit to the
THE NERVES ideas or suggestions to improve the Website or any THE
NERVES products or services, or otherwise relating to the operation of
the THE NERVES or the Website (all of the foregoing being
“Submissions”), the Submissions will be deemed, and will remain, the
sole property of THE NERVES. None of the Submissions will be subject to
any obligation of confidence on the part of THE NERVES, and THE NERVES
will not be liable for any use or disclosure of any Submissions.
Without limiting the foregoing, THE NERVES will be entitled to
unrestricted use and other exploitation of the Submissions for any
purpose whatsoever, commercial or otherwise, by any means, by any
media, without compensation to the provider, author, creator or
inventor of the Submissions.
The Website may contain links to third-party websites. Any linked sites
are not under our control, and we are not responsible for the contents
of any linked site. We provide these links as a convenience only, and a
link does not imply endorsement of, sponsorship of, or affiliation with
the linked site by THE NERVES. You should make whatever investigation
you feel necessary or appropriate before proceeding with any
transaction with any of these third parties.
addition, you may not link to any part of the Website or any Site
Content or frame or otherwise display in any manner the Site Content at
any other website or elsewhere, with the exception that third party
websites of legitimate businesses may include on their websites a
hypertext link to the Website if the link is not misleading or
deceptive and does not harm the reputation of THE NERVES, unless THE
NERVES has requested in writing that the link be removed.
4. Warranty Disclaimers and Limitations of Liability.
THE NERVES make no representations or warranties of any kind regarding
the Website and the Site Content. the Website and Site Content are
provided in “AS IS” condition, and THE NERVES EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF
DEALING AND USAGE OF TRADE; (ii) THAT THE WEBSITE AND THE SITE CONTENT
WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER
EXPLOITATION OF THE WEBSITE OR THE SITE CONTENT, AND (iv) AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR
THE SITE CONTENT. No advice or information, whether oral or written,
obtained by you from THE NERVES or through the Website or Site Content
will create any warranty not expressly stated herein.
USE THE WEBSITE AND THE SITE CONTENT AT YOUR OWN RISK, AND THE NERVES
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING
TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM THE NERVES ANY
INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF
USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR SITE CONTENT, EVEN
IF THE NERVES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
5. Applicable Law and Jurisdiction; Compliance.
You and THE NERVES agree that all matters arising from or relating to
the use and operation of the Website will be governed by the
substantive laws of Germany, without regard to its conflicts of laws
principles. You agree that all claims you may have arising from or
relating to the operation, use or other exploitation of the Website
will be heard and resolved in the federal and state courts located in
Germany. You consent to the personal jurisdiction of such courts over
you, stipulate to the fairness and convenience of proceeding in such
courts, and covenant not to assert any object to proceeding in such
courts. If you choose to gain access to the Website from locations
other than Germany, you will be responsible for compliance with all
local laws of any such other location, and in no event will you use the
Website or Site Content in violation of German export laws or
6. Miscellaneous Provisions.
No delay or omission by THE NERVES in exercising any of its rights
occurring upon any noncompliance or default by you with respect to any
of the terms and conditions of this Agreement will impair any such
right or be construed to be a waiver thereof, and a waiver by THE
NERVES of any of the covenants, conditions or agreements to be
performed by you will not be construed to be a waiver of any succeeding
breach thereof or of any other covenant, condition or agreement hereof
contained. As used in this Agreement, “including” means “including but
not limited to.” If any provision of this Agreement is found by a court
of competent jurisdiction to be invalid or unenforceable, then this
Agreement will remain in full force and effect and will be reformed to
be valid and enforceable while reflecting the intent of the parties to
the greatest extent permitted by law. Except as otherwise expressly
provided herein, this Agreement sets forth the entire agreement between
you and THE NERVES regarding its subject matter, and supersedes all
prior promises, agreements or representations, whether written or oral,
regarding such subject matter. You agree that the electronic text of
this Agreement constitutes a writing and your assent to the terms and
conditions hereof constitutes a “signing” for all purposes.