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TERMS AND CONDITION OF USE
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THESE TERMS AND CONDITIONS OF USE
CONSTITUTE A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND PLANTAPHILE.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE.
OWNERSHIP OF THIS WEBSITE
This website is owned and operated by PlantaPhile. All of the content
featured or displayed on this website, including, but not limited to,
text, graphics, photographs, moving images, sound, illustrations and
software ("Content"), is owned by PlantaPhile. All elements of
PlantaPhile websites, including, but not limited to, the general design
and the Content, are protected by trade dress, copyright, moral rights,
trademark and other laws relating to intellectual property rights.
Except as explicitly permitted under this or another agreement with
PlantaPhile, no portion or element of this website or its Content may
be copied or retransmitted via any means and this website, its Content
and all related rights shall remain the exclusive property of
PlantaPhile unless otherwise expressly agreed. You shall indemnify
PlantaPhile against any losses, expenses, costs or damages incurred by
any or all of them as a result of your breach of the terms of this
Agreement or your unauthorised use of the Content and related rights.
TRADEMARKS
"PlantaPhile" is a trademark of PlantaPhile and is registered or
pending in certain countries.
DISCLAIMERS
This website and its Content are provided "as is" and PlantaPhile
excludes to the fullest extent permitted by applicable law any
warranty, express or implied, including, without limitation, any
implied warranties of merchantability, satisfactory quality or fitness
for a particular purpose. PlantaPhile will not be liable for any
damages of any kind arising from the use of this site, including, but
not limited to direct, indirect, incidental, punitive and consequential
damages. the functions embodied on, or in the materials of, this
website are not warranted to be uninterrupted or without error. You,
not PlantaPhile, assume the entire cost of all necessary servicing,
repair or correction due to your use of this website.
Except as specifically stated in these Terms and Conditions of Use or
elsewhere on this website, or as otherwise required by applicable law,
neither PlantaPhile nor its directors, employees, licensors, content
providers, affiliates or other representatives will be liable for
damages of any kind (including, without limitation, lost profits,
direct, indirect, compensatory, consequential, exemplary, special,
incidental, or punitive damages) arising out of your use of, your
inability to use, or the performance of this website or the Content
whether or not we have been advised of the possibility of such damages.
PlantaPhile uses reasonable efforts to ensure the accuracy, correctness
and reliability of the Content, but we make no representations or
warranties as to the Content's accuracy, correctness or reliability.
There may be links to other websites from the PlantaPhile website;
however, these other websites are not controlled by PlantaPhile and we
are not responsible for any content contained on any such website or
any loss suffered by you in relation to your use of such websites. You
waive any and all claims against PlantaPhile regarding the inclusion of
links to outside websites or your use of those websites.
GOVERNING LAW AND VENUE
This Agreement shall be interpreted, construed and governed by German
laws, without reference to its laws relating to conflicts of law and
not including the provisions of the 1980 United Nations Convention on
Contracts for the International Sale of Goods. Venue for all disputes
arising under this Agreement shall lie exclusively in the Courts of
Berlin, Germany. Users of this website agree that any and all disputes
arising from the use of this website, or the ordering of materials from
this website, shall be settled by binding arbitration. Notwithstanding
the foregoing, however, PlantaPhile shall have the right to commence
and prosecute any legal or equitable action or proceeding before any
non-German court of competent jurisdiction to obtain injunctive or
other relief in the event that, in the opinion of PlantaPhile, such
action is necessary or desirable.
NO WAIVER, SEVERABILITY
No action of PlantaPhile, other than an express written waiver or
amendment, may be construed as a waiver or amendment of any of these
Terms and Conditions of Use. Should any clause of these Terms and
Conditions of Use be found unenforceable, wherever possible this will
not affect any other clause and each will remain in full force and
effect.
We reserve the right to change these Terms and Conditions of Use,
prices, information and available contractual license terms featured on
this website without notice. These conditions set out the entire
agreement between PlantaPhile and you relating to your use of this
website.
© 1997-2004 PlantaPhile. All rights reserved. |
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Hypericum perforatum
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