TERMS OF USE (August 31,2017)

Welcome to the eVisionpublishing.com Web site, this site is owned and operated by eVision Publishing, Lindau, Germany.

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

  1. Disclaimer: This Web Site Does Not Provide Any Medical Nor PsychotherapeuticalAdvice

The contents of the Web site evisionpublishing.com as well as any other website (the “Web site”)owned and operated by eVision Publishing, (“eVision”, “company”, “we” or “us”), such as text, graphics, images, information obtained from the Web site’s licensors and other material (“Content”) contained on the Web site is for informational purposes only. The Content has not been approved by any medical or authority and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should seek medical attention before undertaking any diet, exercise or other health program described on the Web site. eVision does not recommend self-management of one’s health care. Reliance on any information provided by or via the Web site is solely at your own risk.

Information obtained by using the Web site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The Content provided on the Web site is compiled from numerous sources. eVision and its directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services as part of the Web site.

Should you have any health care–related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Web site. If you think you may have a medical emergency, call your doctor or the emergency aid numberof your country immediately.

The Web site may contain health or medically related materials and information that you may find sexually explicit or otherwise offensive. It may not be suitable for children or other sensitive people. You are solely responsible for compliance with the laws applicable to your domicile.

  1. Privacy Policy

eVisionpublishing.com respects the privacy of its Users. The terms and conditions of the eVisionpublishing.com’s Privacy policy, are incorporated herein by reference.

  1. Access To This Site

You agree to use this site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.  To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete.  If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

  1. Restrictions On Use

This site is provided solely for non-commercial, personal use, and/or so that you may learn about our Company and the services we provide. You may not use this site for any other purpose, including any commercial purpose, without our Company‘s express prior written consent.  For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of our Company.  For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or Content accessible within this site.  You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Termination of Usage

eVisionpublishing.com may suspend or terminate any User’s access to all or any part of the eVisionpublishing.com Web site including any account thereon, without notice, for any reason in eVisionpublishing.com ‘s sole discretion.

  1. Proprietary Information

User acknowledges that the eVisionpublishing.com Web sitescontains content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

  • Trademarks
    The material and Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Companyis the proprietary information of our Company or the party that provided the Content to our Company, and ourCompany or the party that provided the Content to our Company retains all right, title, and interest in the Content.  Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use.  You are prohibited from using any of the marks or logos appearing throughout the site without the express written permission of our Company.
  • Copyrights
    This site and its Content are protected by U.S. and/or foreign copyright laws, and belong to the Companyor its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on this site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the Company, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.
  • Third-Party Content
    In some instances, the Content available through the eVisionpublishing.com Web site represents the opinions and judgments of the respective third party providing such Content. eVisionpublishing.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the eVisionpublishing.com Web site by anyone other than eVisionpublishing.com . Under no circumstances shall eVisionpublishing.com , or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the eVisionpublishing.com Web site. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the eVisionpublishing.com Web site.
  1. Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, our Company.  The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by our Company of that site.  Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company.  Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites.  Our Company also makes no representations about the availability of hyper-linked sites.  Hyper-links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site.  If you hyper-link to a site, please be aware that you willl leave our Company’s web site and will become subject to the rules and conditions of the linked site(s).  We recommend that you make yourself aware of the Terms of Use of any sites you link to from our Company’s site

  1. Advertisements, Product/Service Promotions and Links to Other Sites

eVision discusses certain products and/or services of third parties on the Web site. In many cases the third-party product and/or service provider will pay eVision a referral fee for purchases made by individuals that are referred to it by eVision. As noted above, eVision makes no representations or warranties regarding the effects or efficacy of these products and/or services, and your use of any product or service that is discussed or promoted via the Web site is at your own risk and is subject to these Terms of Use. Some of the hyperlinks on the Web site may lead to other web sites that are not controlled by, or affiliated with, eVision. In addition, other web sites may link to the Web site. Unless expressly stated, eVision has not reviewed or endorsed those web sites, has no control over those web sites and is not responsible for the content or privacy policies, or practices of any third party web sites. In addition, eVision will not and cannot censor or edit the content of any third-party web site. By using the Web site, you expressly relieve eVision from any and all liability arising from your use of any third-party web site that you visit through the Web site. Accordingly, we encourage you to be aware when you leave the Web site and to read the terms and conditions and privacy policy of each other web site that you visit.

  1. eVision Accounts

In order to access some features of the Web site, you will have to create a eVision account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify eVision immediately of any breach of security or unauthorized use of your account. Although eVision will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of eVision or others due to such unauthorized use. The creation of a eVision account is an explicit acceptance by you of these Terms of Use.

  1. Electronic Communications

By establishing an account with the Web site, you consent to receiving electronic communications from eVision. These communications will include notices about your account and information concerning or related to the Web site and/or our services. These communications are part of your relationship with eVision and you receive them as part of your account membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  1. Submissions

Any information provided when you “Join Our Community” is subject to our Privacy Policy. Beyond that information, any e-mail or other communications or content you send to any part of the Web site, our Facebook Page, Google + pages, Youtube page, Linkedin page, Twitter account or any other online source is non-confidential for all purposes. “User Submissions” include all forms of information or material uploaded or communicated in any manner by users to the Web site, our Facebook Page, Google + pages, Youtube page, Linkedin page, Twitter account or any other online source, including, but not limited to, questions, comments, reviews, and participation in blogs. If you make any such submission, you automatically grant — or warrant that the owner of such content has expressly granted — eVision a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sublicenseable and transferable license to use, reproduce, sell, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. eVision may sublicense its rights through multiple tiers of sublicenses. You also hereby grant each user of the Web site, our Facebook Page, Google + pages, Youtube page, Linkedin page, Twitter account or any other online source a non-exclusive license to access your User Submissions through the Web site, our Facebook Page, Google + pages, Youtube page, Linkedin page, Twitter account or any other online source, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Web site, our Facebook Page, Google + pages, Youtube page, Linkedin page, Twitter account or any other online source and under these Terms of Use. You understand and agree that eVision may choose to retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize eVision to use all patent, trademark, trade secret, copyright and other intellectual property and proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and these Terms of Use.

eVision does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and eVision expressly disclaims any and all liability in connection with User Submissions. eVision does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and eVision will remove a User Submission if properly notified that such User Submission infringes on another’s intellectual property rights. eVision reserves the right to remove User Submissions without prior notice.

eVision is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to eVision including, without limitation, responses to questionnaires or through postings to the Web site, eVision’s Facebook Page, Google + pages, Youtube page, Linkedin page, Twitter account or any other online source , without compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Web site or other web sites.

Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against eVision and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is the same as or substantially similar to the idea you sent.

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.  By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity.

Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

We reserve the right to reject, remove or edit User Submissions at any time without notice. User Submissions should not be posted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, or personal attacks; misleading information regarding the origin of the content; or a discussion of eVision policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.

eVision reserves the right to terminate or restrict your use of the Web site and/or our services, without notice, for any or no reason whatsoever. eVision reserves the right to determine whether a User Submission is appropriate and complies with these Terms of Use. eVision may remove such User Submissions and/or terminate a user’s or member’s access for uploading material in violation of these Terms of Use at any time, without prior notice and at eVision’s sole discretion.

  1. Child safety

Protecting the online privacy of children is especially important to us, and those under the age of 13 are protected by federal law. For that reason, our Companydoes not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent. Our Company does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent.

If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information.

  1. Downloading Material

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data.  Our Company does not assume any responsibility or risk for your use of the Internet.

  1. Disclaimer of Opinion

Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by you or third parties on the Web site are those of the respective authors or producers and not of eVision, or its shareholders, directors, officers, or employees. Under no circumstances shall eVision, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Web site.

  1. Disclaimer

THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

  1. Limitation On Liability

WITHOUT LIMITING THE FOREGOING, EVISION PUBLISHING MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE EVISIONPUBLISHING.COM WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE EVISIONPUBLISHING.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE EVISIONPUBLISHING.COM WEB SITE; OR (IV) THAT THE EVISIONPUBLISHING.COM WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF EVISIONPUBLISHING.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EVISION PUBLISHING DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE EVISIONPUBLISHING.COM WEB SITE OR ANY RELATED SITES OR SERVICES. THE OPERATION OF THE EVISIONPUBLISHING.COM WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF EVISION PUBLISHING.

THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

  1. Indemnity

You will indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Partiesin connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

  1. Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • includes MP3 formatfiles;
  • amounts to a ‘pyramid’ or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any Submission.

  1. Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Companyreserves the right to investigate suspected violations of these Terms of Use.

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

  1. Disputes

If you have a dispute with eVisionpublishing.com , and you are unable to resolve the dispute informally, you and eVisionpublishing.com agree that upon demand by either you or eVisionpublishing.com , the dispute will be resolved through binding arbitration. As the sole exception to arbitration, you and eVisionpublishing.com each retain the right to pursue in small claims court any dispute that is within that court’s jurisdiction. A “dispute” is any unresolved disagreement between you and eVisionpublishing.com , regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and eVisionpublishing.com .
You and eVisionpublishing.com agree that you are each waiving the right to a jury trial or a trial before a judge in a court. You and eVisionpublishing.com agree that each may bring claims against the other only in an individual capacity, and that neither you nor eVisionpublishing.com shall be entitled to join or consolidate claims by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or on behalf of the general public, or as a private attorney general. If this limitation is found to be unenforceable, it shall not be severable, and this entire arbitration provision shall be unenforceable. You and eVisionpublishing.com agree that the arbitrator may award injunctive relief only in favor of the party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. In the event of any inconsistency between this arbitration provision and any provision contained in any other applicable terms of use, license agreement, disclaimer, or privacy policy relating to eVisionpublishing.com or the material on the website, this arbitration provision shall be controlling.

Each arbitration, including the selection of the arbitrator, will be administered by the Frankfurt International Arbitration Centre – FIAC: Either party may demand arbitration of a dispute at any time, regardless of whether a lawsuit or other proceeding has previously been commenced.

You and eVisionpublishing.com agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (5) neither party will be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties. This arbitration provision shall survive the termination of any other contract between you and eVisionpublishing.com.

  1. Claims of Copyright Infringement

This site is an Internet “service provider” under German and European Copyright according to § 5 TMG as well, the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:

Dietrich Busacker; eVision Publishing
Dietrich Busacker & Alexandra Kleeberg GbR
Holbeinstr. 49, 88131 Lindau, Germany
Phone +49 15251323597

Contact: info@evisionpublishing.com

VAT ID: DE 305563179

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, that you need to include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

  1. Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Germany, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Germany connection with any dispute between you and the Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in Lindau Germany. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. The  Company may revise these Terms of Use at any time by updating this posting.

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