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Advertising Agreement and Terms of Service
PLEASE READ THIS ADVERTISING AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE ADVERTISING ON Droid-Blog.net (“Droid-Blog”). BY PURCHASING AN AD SPACE OFFERED BY Droid-Blog, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT PROCEED THE PAYMENT AND YOU WILL NOT HAVE ANY RIGHT TO ADVERTISE ON Droid-Blog. Droid-Blog’s ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The Web pages available at www.droid-blog.net, are operated by the Droid-Blog, and are accessed by you (“Advertiser”) under the following terms and conditions:
1. Display of Advertising Material
Droid-Blog may redesign its site in its sole discretion at any time. If any redesign materially and adversely affects the placement of one or more advertisements, or if Droid-Blog is otherwise unable to display such advertisements, Droid-Blog will work with advertiser to display the affected advertisements elsewhere in comparable areas of the Droid-Blog site.
The advertising inventory under this Insertion Order is for use solely by the Advertiser and may not be used by any third party.
Any guarantees are to time, not “click throughs” or impressions. Advertiser may not disclose usage information to any third party without Droid-Blog’s express prior written consent.
If there is a shortfall in delivery of impressions as of the end of a specified display period, Droid-Blog will provide, as Advertiser’s sole remedy, “make good” impressions through comparable placements, to be delivered no later than ninety (90) days following the end of the term.
Advertisers must provide all necessary artwork and active URLs to Droid-Blog in the time frame and the specified within the Advertising Specifications.
Droid-Blog will be entitled to reject or discontinue advertisements at any time. In such event, Advertiser will be responsible for only a pro-rata portion of payments due hereunder, based on the timeframe in which ads were delivered (the “Pro-rata Payments”).
Advertiser shall bear full responsibility for all products or services offered, sold, or licensed through the advertisements or the Advertiser’s website. Advertiser will collect and pay all taxes related to the sale or licensing of such products or services.
2. Legal Terms & Conditions
License and Warranties. Advertiser hereby grants Droid-Blog the right to market, display, reproduce (including compression and temporary storage), distribute, perform, transmit and promote the advertisements together with any content or materials on any interactive site linked to the advertisements through the Droid-Blog website. Advertiser certifies that it has all necessary rights and permissions to offer, sell and/or license such products and services through the advertisements and the Advertiser’s website, and that the advertisements and the Advertiser’s website do not and will not violate any applicable laws or regulations or any third-party rights (including, without limitation, intellectual property rights), or contain any libelous or defamatory materials. Advertiser certifies that the advertisements and the Advertiser’s website will at all times comply with all standard, written policies applicable to Droid-Blog, including the privacy policies and advertising specifications.
Limitation of Liability; Disclaimer; Indemnification.
(A) Except in connection with the confidentiality, solicitation, tax and indemnity provisions herein, damages under this agreement shall be limited to direct damages, (B) Droid-Blog does not make and specifically disclaims any representations or warranties, express or implied, and under no circumstances will Droid-Blog’s aggregate liability hereunder or in connection herewith (including, without limitation, in respect of the indemnity below) exceed the advertising fees actually paid by Advertiser to Droid-Blog hereunder, and (C) each party (“indemnifying party”) hereby agrees to indemnify, defend and hold harmless the other party and the officers, directors, agents, affiliates, distributors, franchises and employees of the other party from and against all claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings arising out of any material breach by indemnifying party of any duty, representation or warranty under these Terms and Condition.
Related Limitations and Covenants.
Neither Droid-Blog nor its affiliates shall have any liability whatsoever by reason of error for which they may be responsible in any advertisement beyond liability to give the advertiser or advertising agency credit for so much of the space occupied by the advertisement as is materially affected by the error; and its obligation to give such credit shall not apply unless it is notified of the inaccuracy within 48 hours following the posting error.
Droid-Blog does not guarantee any given level of circulation, distribution, reach or readership for any advertisement.
The advertiser and advertising agency jointly and severally assume liability for all content (including text representation, illustrations, updates and links to other internet content) of advertisements published and also assumes responsibility for any claims arising therefrom made against Droid-Blog or its affiliates, including all costs associated with defending any such claim.
All advertising copy that may be mistaken by a reader as news, feature or other non-advertising materials must be clearly marked “advertisement”.
Droid-Blog shall not be liable to the Advertiser for any technical malfunction, computer error or loss of data or other injury, damage or disruption to advertisements or any web sites.
In the event an account is referred to a third party for collection, advertiser and advertising agency agree to pay all collection fees including attorneys’ fees and court costs incurred to effect collection.
Advertiser shall not send unsolicited, commercial email or other online communications (e.g., “spam”) through or into Droid-Blog.
Advertiser shall ensure that its collection, use and disclosure of information obtained from Droid-Blog users under this Insertion Order complies with all applicable laws, regulations and privacy policies.
Advertiser shall not disclose such user information to any party, nor shall Advertiser use or allow any other party to use such user information in any manner that is or could reasonably be expected to be used by or on behalf of any product or service competitive with Droid-Blog. This section shall survive the completion, expiration, termination or cancellation of this Insertion Order for a period of two (2) years.
Both parties will keep the existence and terms of this Insertion Order confidential and neither party will publish any press release related hereto without the prior written consent of the other party.
Either party may terminate this Insertion Order in the event of a material breach of this Insertion Order by the other party, which remains uncured after ten (10) days written notice thereof. In addition, Droid-Blog may terminate this Insertion Order upon a material breach by Advertiser of any other agreement between the parties which is not cured within cure period set forth in such agreement. If Droid-Blog terminates this Insertion Order due to Advertiser’s material breach of any requirement of this Insertion Order or of any other written agreement with Droid-Blog, all of Advertiser’s payment obligations hereunder shall survive such termination. If Advertiser terminates this Insertion Order due to Droid-Blog’s material breach of this Insertion Order, Advertiser will be responsible only for the Pro-rata Payments.
Droid-Blog may terminate this Insertion Order at any time for any reason upon thirty (30) days written notice to Advertiser (or upon such shorter notice as may be designated by Droid-Blog in the event that Droid-Blog believes in good faith that further display of the advertisements will expose Droid-Blog to liability or other adverse consequences). In such event, Advertiser will be responsible only for only the Pro-Rata Payments.
This Insertion Order sets forth the entire agreement between Advertiser and Droid-Blog with respect to the transactions set forth herein, and supersedes any and all prior agreements of Droid-Blog or Advertiser with respect to such transactions. If an advertising agency signs this Insertion Order on behalf of Advertiser, the agency thereby represents and warrants that it has full authority to bind Advertiser to the terms of this Insertion Order and that it will ensure that Advertiser complies with all such terms.
Advertiser shall not make any assignment of this Insertion Order or any rights benefits or obligations hereunder (including, without limitation, by way of merger or consolidation) without the prior written consent of Droid-Blog. In the event of an assignment, this Insertion Order shall be fully binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns.
This Insertion Order shall be interpreted, construed and enforced in accordance with the laws of the State of New York, except for its conflicts of laws principles. Advertiser hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of New York and the federal courts situated in the State of New York in connection with any action arising under this Insertion Order.