(C) a solution-mined salt cavern reservoir.
(b) Gathering Lines.-(1)(A) Not later than October 24, 1994, the Secretary shall prescribe standards defining the term "gathering line".
(ii) is not bound by a classification the Commission establishes under the Natural Gas Act (15 U.S.C. 717 et seq.).
(2)(A) Not later than October 24, 1995, the Secretary, if appropriate, shall prescribe standards defining the term "regulated gathering line". In defining the term, the Secretary shall consider factors such as location, length of line from the well site, operating pressure, throughput, and the composition of the transported gas or hazardous liquid, as appropriate, in deciding on the types of lines that functionally are gathering but should be regulated under this chapter because of specific physical characteristics.
(B)(i) The Secretary also shall consider diameter when defining "regulated gathering line" for hazardous liquid.
(ii) The definition of "regulated gathering line" for hazardous liquid may not include a crude oil gathering line that has a nominal diameter of not more than 6 inches, is operated at low pressure, and is located in a rural area that is not unusually sensitive to environmental damage.
60101(a)(1) 49 App.:1671(10). Aug. 12, 1968, Pub. L. 90–481, §2(10), 82 Stat. 720 ; Oct. 11, 1976, Pub. L. 94–477, §3(2), 90 Stat. 2073 ; Nov. 30, 1979, Pub. L. 96–129, §151, 93 Stat. 998 .
49 App.:1671(14). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720 , §2(11)–(17); added Nov. 30, 1979, Pub. L. 96–129, §151, 93 Stat. 998 .
49 App.:2001(11). Nov. 30, 1979, Pub. L. 96–129, §202(1)–(4) (1st–27th words), (5)–(9), (11), 93 Stat. 1003 , 1004.
60101(a)(2) 49 App.:1671(2). Aug. 12, 1968, Pub. L. 90–481, §2(1), (2), (4) (1st–32d words), (5), (6), 82 Stat. 720 .
60101(a)(3) 49 App.:1671(4) (1st–32d words).
60101(a)(5) 49 App.:2001(4) (1st–27th words).
60101(a)(6) 49 App.:1671(8). Aug. 12, 1968, Pub. L. 90–481, §2(8), 82 Stat. 720 ; Oct. 11, 1976, Pub. L. 94–477, §3(1), 90 Stat. 2073 ; Nov. 30, 1979, Pub. L. 96–129, §109(b) (related to §2(8)), 93 Stat. 996 .
60101(a)(9) 49 App.:1671(9). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720 , §2(9); added Oct. 11, 1976, Pub. L. 94–477, §3(2), 90 Stat. 2073 ; Nov. 30, 1979, Pub. L. 96–129, §§109(b) (related to §2(9)), 151, 93 Stat. 996 , 998.
60101(a)(21) 49 App.:1671(3). Aug. 12, 1968, Pub. L. 90–481, §2(3), 82 Stat. 720 ; Nov. 30, 1979, Pub. L. 96–129, §152(b)(1), 93 Stat. 1001 .
60101(b) 49 App.:1688. Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720 , §21; added Oct. 24, 1992, Pub. L. 102–508, §109(b), 106 Stat. 3295 .
49 App.:2016. Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989 , §220; added Oct. 24, 1992, Pub. L. 102–508, §208(b), 106 Stat. 3303 .
In this chapter, the words "liquefied natural gas" are substituted for "LNG" for clarity. The word "authority" is substituted for "agency" for consistency in the revised title and with other titles of the United States Code. The words "gas" and "hazardous liquid" are added where applicable because of the restatement.
In subsection (a), before clause (1), the text of 49 App.:1671(10) and 2001(11) is omitted because the complete name of the Secretary of Transportation is used the first time the term appears in a section. The words "As used" are omitted as surplus. In clause (1)(A), the words "Federal Energy Regulatory Commission" and "Commission" are substituted for "Department of Energy" because under 42:7171(a) and 7172(a)(1) the Commission is statutorily independent of the Department and has the responsibility for siting, construction, and operating applications. In clauses (3) and (5), the words "without limitation, new and existing" are omitted as surplus. In clause (4)(B), the words "or material" are omitted as surplus. In clause (6), before subclause (A), the word "pipeline" is substituted for "transmission" for clarity and consistency. In clause (8)(A), before subclause (i), the words "trade, traffic, transportation, exchange, or other" are omitted as surplus. In subclause (ii), the words "trade, transportation, exchange, or other" are omitted as surplus. In clause (8)(B), the word "place" is substituted for "point" for clarity and consistency in the revised title. In clause (9), before subclause (A), the word "facility" is substituted for "transportation" for clarity and consistency. In clause (12), the words "resulting from" and the text of 49 App.:1671(16)(A)–(D) are omitted as surplus. In clause (13), the words "(liquefaction or solidification)" and "(vaporization)" are omitted as surplus. In clauses (14) and (16), the word "pipeline" is added for clarity. In clause (15), the words "city, county, or any other" are omitted as surplus. In clause (17), the words "in addition to its meaning under section 1 of title 1 (except as to societies)" are substituted for "any individual, firm, joint venture, partnership, corporation, association . . . cooperative association, or joint stock association" to eliminate unnecessary words, for clarity, and for consistency in the revised title and with other titles of the Code. Clauses (18) and (19) are added because of the restatement. In clause (20), the words "of the United States" are substituted for "of the several" for consistency in the revised title and with other titles of the Code. In clause (21)(B), the words "outside a populated area" are substituted for "which lie outside the limits of any incorporated or unincorporated city, town, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area" to eliminate unnecessary words. In clause (22)(B)(i), the word "area" is substituted for "locations" for consistency.
60101(a)(21), (22) 49 App.:1671 (note). Oct. 24, 1992, Pub. L. 102–508, §109(a), 106 Stat. 3294 .
49 App.:2001 (note). Oct. 24, 1992, Pub. L. 102–508, §208(a), 106 Stat. 3303 .
Section 4(s) reflects an amendment to the restatement required by sections 109(a) and 208(a) of the Pipeline Safety Act of 1992 (Public Law 102–508, 106 Stat. 3294, 3303).
This amends 49:60101 for consistency with the style of title 49.
The Natural Gas Act, referred to in subsecs. (a)(1)(A)(ii), (6)(B), (9) and (b)(1)(B)(ii), is act June 21, 1938, ch. 556, 52 Stat. 821 , which is classified generally to chapter 15B (§717 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables.
The amendments by section 4(s) of Pub. L. 103–272 to pars. (21) and (22) of subsec. (a) of this section were executed after the amendments by Pub. L. 104–304 to those pars. pursuant to the effective date provisions of section 4(s). See Effective Date of 1994 Amendment note and 1994 and 1996 Amendment notes below.
2016-Subsec. (a)(21)(B). Pub. L. 114–183, §12(a)(1), substituted "nonrural area;" for "nonrural area."
Subsec. (a)(22)(B)(iii). Pub. L. 114–183, §12(a)(2), substituted "facilities;" for "facilities."
Subsec. (a)(26). Pub. L. 114–183, §12(a)(3)–(5), added par. (26).
2012-Subsec. (a)(4)(B), (C). Pub. L. 112–90 added subpar. (B) and redesignated former subpar. (B) as (C).
2006-Subsec. (a)(6). Pub. L. 109–468, §7(1), added par. (6) and struck out former par. (6) which defined "interstate gas pipeline facility".
Subsec. (a)(9). Pub. L. 109–468, §7(2), added par. (9) and struck out former par. (9) which defined "intrastate gas pipeline facility".
1996-Subsec. (a). Pub. L. 104–287 inserted heading.
Subsec. (a)(1) to (20). Pub. L. 104–304, §3(a)(1), substituted semicolon for period at end of pars. (1) to (20).
Subsec. (a)(21)(B). Pub. L. 104–304, §3(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: "does not include gathering gas in a rural area outside a populated area designated by the Secretary as a nonrural area;". See Codification note above.
Pub. L. 104–304, §3(a)(1), substituted semicolon for period at end. See Codification note above.
Subsec. (a)(22). Pub. L. 104–304, §3(a)(1), substituted semicolon for period at end. See Codification note above.
Subsec. (a)(23) to (25). Pub. L. 104–304, §3(a)(3), added pars. (23) to (25).
Subsec. (b)(1)(A). Pub. L. 104–304, §20(f), substituted "prescribe standards defining" for "define by regulation".
Subsec. (b)(2)(A). Pub. L. 104–304, §§3(b), 20(f), inserted ", if appropriate," after "Not later than October 24, 1995, the Secretary" and substituted "prescribe standards defining" for "define by regulation".
1994-Subsec. (a)(21), (22). Pub. L. 103–272, §4(s), amended pars. (21) and (22) generally. Prior to amendment, pars. (21) and (22) defined "transporting gas" and "transporting hazardous liquid".
Pub. L. 103–272, §4(s), July 5, 1994, 108 Stat. 1371 , provided that the amendment made by that section is effective on the date the regulation required under subsec. (b) of this section is effective. See regulations effective Apr. 14, 2006, 71 F.R. 13289, and July 3, 2008, 73 F.R. 31634.
Pub. L. 114–183, §1(a), June 22, 2016, 130 Stat. 514 , provided that: "This Act [enacting sections 60141 and 60302 of this title, amending this section and sections 6107, 60103, 60106 to 60109, 60115, 60117, 60124, 60125, and 60130 of this title, enacting provisions set out as notes under sections 108, 60102, 60103, 60108, 60109, and 60117 of this title, and amending provisions set out as a note under this section] may be cited as the 'Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016' or the 'PIPES Act of 2016'."
Pub. L. 112–90, §1(a), Jan. 3, 2012, 125 Stat. 1904 , provided that: "This Act [enacting sections 60138 to 60140 of this title, amending this section, sections 6103, 6107, 60102, 60107 to 60109, 60117 to 60120, 60122, 60125, 60130, 60132, and 60134 of this title, and section 1321 of Title 33, Navigation and Navigable Waters, enacting provisions set out as notes under this section and sections 6103, 60108, 60109, 60117, and 60132 of this title, and amending provisions set out as a note under this section] may be cited as the 'Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011'."
Pub. L. 109–468, §1(a), Dec. 29, 2006, 120 Stat. 3486 , provided that: "This Act [enacting sections 6109 and 60134 to 60137 of this title, amending this section and sections 6107, 60102, 60105, 60107, 60109, 60114, 60117, 60118, 60122, 60125, and 60130 of this title, enacting provisions set out as notes under this section and sections 60102 and 60117 of this title, and amending provisions set out as a note under this section] may be cited as the 'Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006'."
Pub. L. 107–355, §1(a), Dec. 17, 2002, 116 Stat. 2985 , provided that: "This Act [enacting sections 60129 to 60133 of this title, amending sections 6103 to 6105, 6107, 60102, 60104, 60106, 60109, 60110, 60112, 60114 to 60118, 60120, 60122, 60123, 60125, and 60127 of this title, and enacting provisions set out as notes under sections 1135, 60101, 60102, 60108, 60109, 60114, 60122, and 60131 of this title and section 717m of Title 15, Commerce and Trade] may be cited as the 'Pipeline Safety Improvement Act of 2002'."
Pub. L. 104–304, §1, Oct. 12, 1996, 110 Stat. 3793 , provided that: "This Act [enacting sections 60126 to 60128 of this title, amending this section and sections 60102, 60105 to 60110, 60113 to 60118, 60123 to 60125 of this title, and enacting provisions set out as a note under section 60301 of this title] may be cited as the 'Accountable Pipeline Safety and Partnership Act of 1996'."
For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
"(a) In General.-The Secretary of Transportation may award, through a competitive process, grants to universities with expertise in pipeline safety and security to establish jointly a collaborative program to conduct pipeline safety and technical assistance programs.
"(3) evaluation of program outcomes.
"(6) vulnerability assessment of such systems at both project and national levels.
"(1) University.-Not later than March 31, 2009, the universities awarded grants under subsection (a) shall submit to the Secretary a report on the results of the collaborative program.
"(2) Secretary.-Not later than October 1, 2009, the Secretary shall transmit the reports submitted to the Secretary under paragraph (1), along with any findings, recommendations, or legislative options for Congress to consider, to the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
"(e) Authorization of Appropriations.-There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2007 through 2010."
"(a) In General.-The heads of the participating agencies shall carry out a program of research, development, demonstration, and standardization to ensure the integrity of pipeline facilities.
"(1) In general.-Not later than 120 days after the date of enactment of this Act [Dec. 17, 2002], the heads of the participating agencies shall enter into a memorandum of understanding detailing their respective responsibilities in the program authorized by subsection (a).
"(2) Areas of expertise.-Under the memorandum of understanding, each of the participating agencies shall have the primary responsibility for ensuring that the elements of the program within its expertise are implemented in accordance with this section. The Department of Transportation's responsibilities shall reflect its lead role in pipeline safety and expertise in pipeline inspection, integrity management, and damage prevention. The Department of Energy's responsibilities shall reflect its expertise in system reliability, low-volume gas leak detection, and surveillance technologies. The National Institute of Standards and Technology's responsibilities shall reflect its expertise in materials research and assisting in the development of consensus technical standards, as that term is used in section 12(d)(4) [probably should be "12(d)(5)"] of Public Law 104–13 [Pub. L. 104–113] (15 U.S.C. 272 note).
The results of activities carried out under paragraph (10) shall be used by the participating agencies to support development and improvement of national consensus standards.
"(1) In general.-Not later than 1 year after the date of enactment of this section [Dec. 17, 2002], the Secretary of Transportation, in coordination with the Secretary of Energy and the Director of the National Institute of Standards and Technology, shall prepare and transmit to Congress a 5-year program plan to guide activities under this section. Such program plan shall be submitted to the Technical Pipeline Safety Standards Committee and the Technical Hazardous Liquid Pipeline Safety Standards Committee for review, and the report to Congress shall include the comments of the committees. The 5-year program plan shall be based on the memorandum of understanding under subsection (b) and take into account related activities of other Federal agencies.
"(2) Consultation.-In preparing the program plan and selecting and prioritizing appropriate project proposals, the Secretary of Transportation shall consult with or seek the advice of appropriate representatives of the natural gas, crude oil, and petroleum product pipeline industries, utilities, manufacturers, institutions of higher learning, Federal agencies, pipeline research institutions, national laboratories, State pipeline safety officials, labor organizations, environmental organizations, pipeline safety advocates, and professional and technical societies.
"(A) In general.-After the initial 5-year program plan has been carried out by the participating agencies, the Secretary of Transportation, in coordination with the Director of the National Institute of Standards and Technology, as appropriate, shall prepare a research and development program plan every 5 years thereafter and shall transmit a report to Congress on the status and results-to-date of implementation of the program every 2 years. The biennial report shall include a summary of updated research needs and priorities identified through the consultation requirements of paragraph (2).
"(B) Consultation.-The Secretary shall comply with the consultation requirements of paragraph (2) when preparing the program plan and in the selection and prioritization of research and development projects.
"(iii) up to 100 percent of the costs of research and development for purely governmental purposes may be carried out using Federal funds.
"(e) Reports to Congress.-Not later than 1 year after the date of enactment of this Act [Dec. 17, 2002], and annually thereafter, the heads of the participating agencies shall transmit jointly to Congress a report on the status and results to date of the implementation of the program plan prepared under subsection (d).
"(f) Pipeline Integrity Program.-Of the amounts available in the Oil Spill Liability Trust Fund established by section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509), $3,000,000 shall be transferred to the Secretary of Transportation, as provided in appropriation Acts, to carry out programs for detection, prevention, and mitigation of oil spills for each of the fiscal years 2016 through 2019.
"(g) Participating Agencies Defined.-In this section, the term 'participating agencies' means the Department of Transportation, the Department of Energy, and the National Institute of Standards and Technology.
"(2) submit to the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the processes and procedures implemented under paragraph (1).
"(i) Conflict of Interest.-The Secretary shall take all practical steps to ensure that each recipient of an agreement under this section discloses in writing to the Secretary any conflict of interest on a research and development project carried out under this section, and includes any such disclosure as part of the final deliverable pursuant to such agreement. The Secretary may not make an award under this section directly to a pipeline owner or operator that is regulated by the Pipeline and Hazardous Materials Safety Administration or a State-certified regulatory authority if there is a conflict of interest relating to such owner or operator."
"(1) Applicability of chapter 601 definitions.-In this Act [see Short Title of 2012 Amendment note above], any term defined in chapter 601 of title 49, United States Code, has the meaning given that term in that chapter.
"(2) High-consequence area.-In this Act, the term 'high-consequence area' means an area described in section 60109(a) of title 49, United States Code."


text:
1.1.1. These Business and Licence Conditions of the myTalkey Service (hereinafter referred to as the “Conditions”) define the conditions of the distribution and provision of the myTalkey Service by the Operator to Users, and provision of the licence to the software used as part of the Service, and rules for using the myTalkey Service by Users.
1.1.2. These Conditions form an integral part of the Contract concluded between the Operator and the User in accordance with these Conditions; the rules for making unilateral changes to the Conditions by the Operator are provided in Art. 8.4.
1.2.18. USB Backup– a transferable hardware memory device provided by the Operator for the backup of the User’s private key under the conditions as set in the Operator’s Pricelist of Services; in the software version USB Backup does not provided.
2.1. The Service is based on using the certificates stored on the Token (a private certificate) and on the Service server (a public certificate) for encrypting the content of the e-mail communication between the Users through a supported e-mail client.
2.2. To use the Service and encrypt the e-mail communication or files, the User’s system and his internet connection need to comply with the minimum system requirements, available at www.talkey.eu. A condition for using the Service is also the payment of the Subscription Fee for the Period of Service for which the User intends to use the Service. The Subscription Fee for the first Period of Service shall be paid when concluding the Contract, and then when the Contract is extended for the following Period of Service. The Subscription Fee will always only apply to the Service version it is paid for 1 year.
2.3. The User who intends to use the Service shall connect the Token to his computer before sending an e-mail that should be encrypted, or the requirement to encrypt the file. If an User uses a version with the software certificate storage, Token is not attached. In the phase in which the e-mail addressee, or recipient of an encrypted file, is selected, it is verified as part of the Service whether the addressee is a user of the Service with the paid Subscription Fee for the respective Period of Service. It is only possible to send an encrypted e-mail or an encrypt file using the Service if the User connected the Token to the computer and paid the Subscription Fee.
2.4. The e-mail or file will be encrypted in a manner enabling the e-mail or file sender and addressee to decrypt it only. Within the limits of the encrypting tools used as part of the Service, the e-mail of file cannot be decrypted by other users of the Service than the e-mail addressee. Concluding the Contract, the User confirms that he was familiarized with the technical specification of the Token, software certificate storage, and encrypting mechanisms, and is aware of their security limits.
2.5. The addressee of an e-mail sent through the Service, or recipient of an encrypted file, needs to connect the Token to his computer to read it, and before reading the e-mail or file, he must have paid the Subscription Fee for the respective Period of Service.
and if the User concludes the Contract for a new Service under the conditions as per Art. 2.7., a new Token and USB Backup are not required. Individual items provided by the Operator according to this article for using the Service must be paid according to the Operator’s Pricelist of Services, available at the Service website.
2.7. The Service is always linked to a specific e-mail address, and the User is entitled to set up the Service separately to a count of e-mail addresses according to Version of Service for one Subscription Fee. Further, for one Subscription Fee, the User is also entitled to activate several Tokens for the same e-mail addresses, which the User may buy from the Operator separately. The User is entitled to change the e-mail address which the Service is set up to once per Licence Period, free of charge, on the basis of a request sent to the Operator. Other changes of the e-mail addresses during the Licence Period should be paid for, according to the Operator’s Pricelist of Services.
2.8. The User shall protect the USB Backup against loss or damage, and keep it separately from the Token. If the Token was lost or damaged, the USB Backup should be used to restore the User’s personal certificate; it contains one backup for such purpose only. The Operator does not guarantee the faultless function of the USB Backup for all the duration of the contractual relationship with the User. In view of the fact that the non-function, loss or availability of the USB Backup or its content to third parties may result in insufficient security of the User’s e-mail communication or files and leak of the encrypted content to third parties and impossibility to read the encrypted e-mail communication or files, the Operator strongly recommends the Users to create another backup of the personal certificate in other storage facilities.
2.9. Should the Token or the USB Backup be lost or non-functional, the User shall contact the Operator through the User Support in the manner as detailed in Art. 5 of these Conditions.
2.10.1. To use the Service, the User needs to conclude a Contract with the Operator. The Contract may be concluded through the E-shop, or outside the E-shop through the Operator’s sales agent or authorized dealer. If the Contract is concluded through the E-shop, it is not concluded in written form, and is concluded by remote communication means. If the Contract is concluded outside the E-shop, it may also be concluded in written form.
2.10.2. A person interested to conclude the Contract at the E-shop website should put the selected item (package containing the products required for using the Service) in the virtual shopping basket, enter his identification and invoicing data, the selected method of the payment of the Subscription Fee, and send the order through the E-shop interface. The user may choose between different payment methods that are available on the E-shop on delivery to pay the Subscription Fee. If the User chose any method of cashless payment, he will be asked to pay. An order is completed when the cashless payment is made, or when the order is sent to the Operator if cash on delivery was chosen, and it is considered as a proposal for concluding the Contract.
2.10.3. After the order and cashless payment are received (if the User chose such method of payment), the Operator will send the User the order receipt confirmation, including the recapitulation of the entered data and payment receipt confirmation. Then the Operator will send the consignment with the items required for using the Service and invoice regarding the received payment to the User. The Operator will normally send the consignments to Users through Česká pošta or courier service; the transport costs are listed in the E-shop and notified to the User during the order generation process. If the User decides to pay cash on delivery, he will be asked to make the payment to the mail carrier upon receipt of the consignment.
2.10.4. If the User concludes the Contract outside his trade or outside of his individual profession, the Contract becomes a Consumer Contract as referred to in § 1810 et seq. Law No. 89/2012 Coll. of the Civil Code. The Contract concluded via E-shop becomes a Contract concluded via distance way as referred to in § 1824 et seq. of the Civil Code.
2.10.5. Upon concluding the Contract, the title to the Token and the USB Backup will pass to the User, when the consignment with products (Token and USB Backup) is opened; at that time the User becomes entitled to use the Software for the purpose as per these Conditions. Till the original package of the products in the consignment is opened, the User is entitled to terminate the Contract without giving a reason, regardless of the fact whether he is an entrepreneur or consumer. In such cases, the Operator will refund the paid Subscription Fee to the User, reduced by the costs for the consignment transport to the User. Further, the Contract termination by the User – consumer will be governed by Art. 2.12.
– to update the computer operation system regularly.
2.11.4. The Contract may be extended by paying the Subscription of Service for another Period, and after receiving the payment Operator sends an invoice to User. Contract duration is extended at the moment receipt of Subscription by the Operator, the new service period begins to run from the end of the previous period (if the payment of Subscription made by the User before its termination), or upon receipt of a Subscription (if it is paid after the completion of the previous license period). Contract can extend this manner repeatedly. Extension of the Contract does not require the purchase of a new Token or USB Backup.
2.12.2. If the User who is also a Consumer withdraws from the Contract as stated in the previous Article, the Operator is required to repay the User the entire costs including transport costs associated with consignment of the goods to the User, not later than 14 days after withdrawal, but not earlier than the date of receipt of the consignment with returned products from the User. If the Operator offers more transport options of the consignment to be delivered to the User, the User is obliged to repay the Operator only the transport costs corresponding to the cheapest way of the consignment transportation to the User of the transport modes being offered by the Operator at the time when the Contract was concluded and irrespective of the mode of transport the User actually used.
2.12.3. If the User who is not a Consumer withdraws from the Contract, the Operator is required to repay the User only the costs corresponding to the already paid subscription and already paid products being sent by the Operator as referred to in Article 2.10.5.
2.12.4. The User who withdrew from the Contract within the meaning of this Article is responsible to the Operator for the damage incurred as a result of the damage of goods caused otherwise than by a normal usage for their intended purpose. The Operator is entitled to claim compensation from the User for damage of the original Token packaging which is damaged otherwise than by a common way of opening, or for Token being damaged or back-up USB key being damaged otherwise than by its normal connection to the appropriate port. The Operator is entitled to offset his claim for compensation of damage incurred by the User as a demand of User who shall be entitled to a refund due to the withdrawal from the Contract.
2.13.1. The Operator is entitled to terminate the Contract if it is breached materially by the User according to section 2002 of the Civil Code.
2.13.2. The User is entitled to terminate the Contract if the Service is not available repeatedly beyond the scope of the guaranteed availability as per Art. 2.10.66. of these Conditions for more than 2 days.
2.13.3. If the Contract is terminated due to any reason under this article, the Operator shall refund an aliquot part of the paid Subscription Fee, corresponding to the proportion of the time remaining to the end of the respective Licence Period and the time expired from the beginning of the Licence Period to the termination effective date.
2.13.4. The termination under this Contract may be executed by an e-mail sent to the other party, or in writing by a letter sent to the address of the other party.
3.2. The User is not entitled to grant any sub-licences to third parties, nor to assign the licence to third parties. The transfer of the licence authorization in consequence of legal facts, including the comprehensive transfer of the rights and obligations to a third party (particularly corporate transformations – mergers), will not be affected by this provision, provided that the rights to the e-mail address to which the Service was set up also pass to the third party as part of such facts.
3.3. The User is not obligated to use the licence. Should the licence not be used, however, the User will not become entitled to the refund of the Subscription Fee.
3.4. The User is not entitled to decompile the Software or its parts, including the Middleware, to otherwise process, translate or reproduce it, or to modify the Application, or to decompile or dissemble the Application, in any other manner than he is entitled under the provision of section 66 of Act No. 121/2000 Coll., Copyright Act.
The Operator is responsible for the compliance the Software provision to the User with the said licence conditions, however, he is not responsible for the compliance of the following use of the Software by Users with the licence conditions.
3.6. Upon unpacking the Token and its connection to the User’s computer, the Operator grants the User a sub-licence to use the Middleware solely for ensuring the communication between the Token and the respective computer. The sub-licence is granted to a person into whose computer the Middleware is legally installed (even if the person is different from the User). The original holder of the author’s proprietary rights to the Middleware is the manufacturer who granted the Operator the right to disseminate the Middleware in the manner as determined by these Conditions. The Operator is responsible for the compliance of these Conditions and conditions for granting a sub-licence with the licence conditions of the Middleware manufacturer.
3.7. The sub-licence to the Middleware is granted as nonexclusive, limited for the Licence Period, and the User is not entitled to grant any sub-licences to use the Middleware, nor to make it available to third parties in any way. The Middleware to the same Token may be used on a maximum of two computers.
4.1. The User is obliged to pay the Operator the amount for using of the Service in form of subscription for a subsequent Period of Service. Provision of Token, back-up USB key and further services is subject to individual payment and the price can be paid along with subscription for the first Period of Service on conclusion of the Contract. Amount paid for subscription, equipment and any further services is stipulated by the Service price list available on the Service websites. Amount paid for subscription follows the price list version available on the Service websites at the time of sending the order as referred to in Article 2.10.2 or at the time of sending the Contract prolongation request as referred to in Article 2.11.3.
4.2.3. in cash on delivery to the mail carrier.
4.3. For accounting purposes, the taxable supply is the time that the payment is received by the Operator. The payment of the Subscription Fee is subject to VAT according to valid legal regulations.
4.5. If the Subscription Fee is paid when concluding the Contract, the Operator will send the User an invoice regarding the received payment electronically to the e-mail address. Should the Contract be extended, the Operator will send an invoice for the payment to the User by e-mail to his e-mail address.
4.6. In the event of multiple use of the Service by one User (a bigger number of e-mail addresses activated among several Tokens in accordance with Art. 2.7. of these Conditions, particularly if the Service is set up for several employees of the User), the Operator is entitled to unify all Licence Periods of the User so that they would finish on the same day, and to charge all Subscription Fees to the User in the aggregate. For such purpose, the Operator is entitled to demand that the User would pay an aliquot part of the Subscription Fee for the period preceding the unified Licence Period.
Unless specified on the relevant Support websites concerning the User support otherwise, the User support is provided.
5.2. In addition to the forms of support as per the previous article, the User will be provided printed instructions for using the Service as part of the consignment, which may also be downloaded in electronic form from the Service website.
5.3. The right to use the User Support may be exercised by all Users who paid the Subscription Fee for the Licence Period in which they requests for support. Users of the free version of the Services are not entitled for support. If there are too many requests for support, the Operator is entitled to reduce the support provision to the User.
5.4. The contact information for using individual forms of support is available in the relevant section of the Service website, including the hours during which the support workers are available.
5.5. If requests are sent by e-mail, the Operator will respond within 3 hours from their receipt. If the response period is to finish at the time that support is not provided, the response period will be kept if the response is sent to the User within 3 hours from the beginning of the next support provision interval.
5.6.5. information to the User that the request exceeds the scope of the provided support.
5.7.4. if the Operator offers several types of Tokens, specification of the Token type.
5.8. The Operator does not guarantee that the User’s problem will be solved within the period as per Art. 5.5. The Operator may determine detailed conditions of the User Support provision in a separate document, published at the Service website.
6.1. The Operator is responsible for the availability of Service in the range of 99.9% of the total length Period of Service. Service availability is the possibility of contacting the Certificate Server of Service by the User for the purpose of encrypt e-mail or file for another user, or for reading. In the case of Service with a single payment is the availabilit always measured by each calendar year separately, for purposes of these Terms Operator guarantees that 99.9% of the time the calendar year that Service will be available. Any unavailability for each of the calendar years not stack. Availability is guaranteed only to those Users who have paid Subscriptions, use the Token manner required by the Operator and comply with the minimum system requirements specified by the Operator.
6.2. The Operator gives a guarantee for the function of the Token and the USB Backup for 1 year. Thus the option of the Users who are consumers to exercise the right under the liability for defects of the Token and the USB Backup, covering 24 month from their takeover, is not affected. The guarantee according to this article of the Conditions also relates to Users – entrepreneurs.
6.3.8. reaching or exceeding the limits of the used encrypting algorithms.
6.4. All complaints and claims regarding the Service defects shall be submitted by the User to the Operator through the User Support, using the procedure as per Art. 5.
6.5. The Operator is not liable for proving the identity of Users, and it is not the purpose of the Service. The Service is not an electronic signature equivalent or supplement according to the relevant legal regulations. The Operator is not also liable for the content of the e-mail communication and any consequences resulting from a breach of the content due to using the Service.
6.6. The Operator is liable for damages incurred by the User due to a breach of the Operator’s obligations under these Conditions, the liability applies to damages actually incurred, but not to any damage in the form of lost profits. The Operator is liable to the User for damages according to this provision up to an amount equal to two paid Subscription Fees for the Licence Period during which the damage was incurred. The Operator is not liable for any indirect or secondary damages which do not relate directly to a breach of the Operator’s obligations under these Conditions.
6.7. The Operator is not also liable for any damage incurred due to an extraordinary and unforeseeable obstacle, arising independently on the Operator’s will, according to section 2913 par. 1 of the Civil Code (particularly the damage or destruction of the Service encrypting server in consequence of a natural disaster, etc.). The liability will only be excluded for a period during which such obstacles exist.
6.8. The Operator is not liable for content of the User files which were encrypted by the Service.
6.9. The Operator is not liable for the content of communication among Users within which the Service is used. Liability of the Operator for the content of communication is governed by the Law No. 480/2004 Coll. on Certain Information Society Services.
7.1. The User who is not a natural person agrees with processing his personal data by the Operator, in the scope in which they were provided for the purpose of concluding the Contract, or handling complaints. Unless otherwise determined by the Operator in a specific case, such provided data will include the User’s name and surname and his delivery address and e-mail address. For handling complaints, it may be necessary to provide other personal data.
7.2. The Operator will process and use the User’s personal data solely for delivery of a consignment and provision of the Service to the User. Such data will not be disclosed or provided to third parties, except the cases where it is necessary in order to fulfil legal obligations of the Operator.
7.3. The Operator will process Users’ personal data for a necessary period to fulfil the obligations under the Contract, or till all rights and obligations under the Contract are fully settled.
7.4. The Operator will process Users’ personal data through his employees who are familiarized with their duties when handling personal data, and such personal data will not be provided to any third parties, except the cases where it is necessary to fulfil legal obligations of the Operator. All persons as stated above shall maintain confidentiality of the Users’ personal data, even after the termination of their employment.
7.5. The seller neither collects nor processes any sensitive data of the Users as detailed in Act No. 101/2000 Coll., Personal Data Protection Act.
7.6. The User is entitled to have access to the personal data to whose processing he gave consent to the Operator, and is entitled to correct such data. The User confirms that he provided the personal data voluntarily, and that they are intended for his necessary identification as a party to the Contract, and fulfilment of the Operator’s obligations under the Contract. The User represents that he is aware of all his rights in accordance with section 12 and 21 of Act No. 101/2000 Coll., Personal Data Protection Act.
7.7. Providing the personal data to the Operator is voluntary. The User acknowledges that the consent given to personal data processing according to this article 7. can be withdrawn at any time. If the User intends to withdraw his consent, he shall send a written notice to the Operator as the personal data administrator. The User, however, also understands that if the consent is withdrawn, it may become impossible to fulfil the obligations under this Contract.
7.8. The Operator hereby represents that he has taken adequate technical and organizational measures to prevent any unauthorized or accidental access to Users’ personal data, particularly secured all data storage facilities in accordance with the current security standards, implemented electronic means to protect the data against hacking, viruses and other malware, secured his premises against forcible entry of unauthorized persons, and implemented the limited access to the data by means of access rights.
7.9. The operator is entitled to use the User’s e-mail address for sending the information about the Service and related products. The User is entitled to refuse sending such information to his e-mail address at any time by an e-mail, sent to the Operator’s e-mail address.
8.1. If the User is a foreign entity, the Czech law will apply to the legal relationship created under the Contract, or any other legal relationship created in relation to using the Service. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
8.2. These Conditions form an integral part of the Contract, and their wording is available to the Users at the E-shop website, and the User is entitled to download and archive them at any time. If the User concludes several Contracts with the Operator in the course of time, each of the contractual relationships will be governed by the version of the Conditions which was effective at the time that the Contract was concluded, unless it was modified by the Operator as per Art. 8.4.
8.3. Should any provision of these Conditions be invalid or ineffective due to any reason, such a fact will not lead to the invalidity and ineffectiveness of other parts of the Conditions of the Contract.
8.4.1. The Operator is entitled to modify these Conditions adequately unilaterally, predominantly due to changes of legal regulations, technological changes affecting, for example, the Operator’s communication with the Users, and options and procedures of concluding Contracts, as well as if the Services provided by the Operator are extended or changed.
8.4.2. If the Operator modifies the Conditions, he shall notify the Users of such changes at least 30 days before the date that the new version of the Conditions becomes effective, by an e-mail sent to their current e-mail addresses. The notice will also include the new wording of the Conditions in the .pdf format, or in another format enabling the Users to display the text of the Conditions and their simple archiving. The User is entitled to refuse the modified Conditions in writing by a letter sent to the Operator’s address, or by an e-mail sent to the Operator’s contact address. If the User does not refuse the Conditions, it is understood that the new wording (new version) of the Conditions was accepted by using the Service for the first time after the date that the new version became effective; it only applies if the new version of the Conditions was sent to the User in due time.
8.4.3. If the User notifies the Operator that he does not accept the modified Conditions, the original wording of the Conditions will apply to all legal relations arisen between the Operator and the User till then. In such cases, the Operator is entitled to terminate the provision of the Service as per Art. 2.132.4.

matches:
Art. 8
Art. 2
Art. 5
§ 1810
§ 1824
Art. 2
Art. 2
Art. 2
Art. 5
Art. 5
Art. 8
Art. 2


Denied. Relator's sentencing claims are not cognizable on collateral review. La. C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La. 1/12/96), 665 So.2d 1172; see also State v. Cotton, 09-2397 (La. 10/15/10), 45 So.3d 1030.
Relator has now fully litigated at least one application for post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La. C.Cr.P. art. 930.4 and within the limitations period as set out in La. C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La. C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.


text:
1.1 Among other things, InnoGames GmbH, Friesenstraße 13, 20097 Hamburg (“we") distributes various online games ("Games") via various top-level domains as well as via various sub-domains and aliases of these domains. The Games can be used by you as a User ("User") via mobile application ("Mobile Apps") or browser(s).
1.2 By acknowledging the GTC, we conclude a licensing agreement with you. When using the Games via a browser you, as User, acknowledge the GTC for our Services by ticking the box "I accept the General Terms and Conditions" and clicking the registration button.
1.3 When using the Games via a Mobile App, you acknowledge the GTC with each download of the relevant Mobile App. Your own General Terms and Conditions expressly do not form a part of the contract.
1.4 We are entitled to change the GTC and other provisions with effect for a future date. We will only carry out these changes for an important reason; in particular based on new technical developments, expanding our services, changes in legislation or jurisprudence or other equivalent reasons. Should the change significantly distort the contractual balance between the parties, the change will not take place. In all other cases, changes require your approval. You agree to be informed about changes to the GTC when you log in to the relevant games platform or via ingame messages or by e-mail to your most recently notified e-mail address. The GTC are considered accepted if you do not object to them in writing or in text form (e.g. by e-mail or fax) within eight weeks after receipt. ("Objection Deadline"). When notifying any changes, we will draw specific attention to this option. We advise you to direct any objection to us in writing or by e-mail for the preservation of evidence. In the latter instance, it is recommended to provide the name of both the Game and your own name in the subject line.
1.5 If you, as User, do not object to the changed GTC towards us within the Objection Deadline or you continue to use the Games despite access to the notification concerning changes, the changed or supplementary GTC become effective.
If you, as User, object within the deadline, both you and us are entitled to duly terminate the Licensing Agreement or the Premium Licensing Agreement pursuant to Art. 10 of these GTC and, after the expiry of a possible notice period, to delete the account. Any possible service fees paid in advance for the period after the termination shall be refunded to the User on a pro rata basis or credited to other Games. When notifying changes, we will always explicitly point out the possibility of objection and termination as well as the period of notice and the legal consequences in particular where an objection does not take place.
2.1 As User, you conclude a contract with us for the free of charge use of Games via the browser or via Mobile Apps ("Licensing Agreement"). You are neither entitled to a Licensing Agreement nor to the use of the Services or the Premium Services. The Licensing Agreement can be terminated by us and by you at any time without giving reasons, and the Services can be discontinued at any time without giving reasons.
2.2 We only offer our games to players who are at least 16 years old. People who are younger may not use our games.
2.3 The Licensing Agreement for a free of charge use of the Services via the browser becomes effective through access to the data from the registration form which you completed and sent to us, and the activation of the account by us, and your acceptance of these GTC pursuant to Art. 1.2. The Licensing Agreement is free of charge.
2.4 In addition to the free Licensing Agreement described in 2.3, we offer Services subject to a charge ("Premium Services"). It is your choice whether or not you want to make use of these Services. Prior to such utilization, you are advised of your obligation to pay for these Services by an appropriately clear marking, and you must specifically confirm this use. Further details and information on Premium Services, in particular conclusion of the contract, description of the relevant Premium Services, payment, and revocation notice are specified in Art. 8 under "Premium Licensing Agreement".
2.5 Licensing Agreements are concluded with InnoGames GmbH, Friesenstraße 13, 20097 Hamburg as contracting partner. More information about us, in particular our contact details (fax, e-mail), Commercial Register number and name of authorized representatives can be accessed under "Imprint" on our website.
2.6 For individual Games you, as User, have the option to utilize services offered by our cooperation partners. In these cases, a separate agreement between you and the cooperation partner is concluded. This agreement is then subject to special conditions of which the cooperation partner will inform you prior to concluding the agreement.
3.1 Games are offered as Mobile App downloads via various providers (e.g. iTunes, Google, Google Play Store) free of charge ("Stores"). As User, you can use the Games via Mobile Apps by downloading the relevant Mobile App from a Store to your end device.
3.2 The Licensing Agreement for a free use of the Mobile App comes about by downloading the Mobile App on your end device and your acceptance of these GTC pursuant to Art. 1.2.
3.3 In addition to the free of charge Licensing Agreement as described in 3.2 above, you may also buy Premium Services with Mobile Apps in the relevant store (so-called In-App Purchases). It is your choice whether or not you use these In-App Purchases. You will be made aware of the obligation to pay for these Services by a clear marking and must expressly confirm the use by clicking on "Buy" or similar buttons.
3.5 The agreement for the free use of a Mobile App or the use of the Premium Services subject to a charge is concluded with InnoGames GmbH, Friesenstraße 13, 20097 Hamburg as contracting partner and not with the relevant stores. We alone, and not the stores, are responsible for the licensed Mobile App and its content. If you have any complaints, requests or questions regarding Mobile Apps, please contact us. More information about us, in particular our contact details (fax, e-mail), Commercial Register number and names of the authorized representatives can be accessed under "Imprint" on our website.
3.7 The relevant stores are not responsible for the provision of maintenance and support with regard to the Mobile App.
3.8 All your claims regarding Premium Services subject to a charge, in particular but not conclusively regarding a warranty for defects or other defaults, must be asserted against us as your contracting partner and not against the stores. The provisions of these GTC apply. Regulations on the warranty rights and our scope of liability are detailed in Art. 15 of these GTC.
3.9 In the event that the Mobile App and/or the Licensing Agreement with you as User violates the rights of third parties, we alone, and not the store through which the Mobile App was downloaded, are responsible to defend against and settle any copyright claims.
that you are not on any list of "prohibited or restricted parties" as published by the US government.
3.11 The stores through which you buy the Mobile Apps are third-party beneficiaries of the contract between you and us and, as third-party beneficiaries, they are entitled to enforce this contract against you.
4.1 As the User, you will chose a player name as an alias to participate in the Games ("User Name"). You are not entitled to be allocated a specific User Name.
4.2 We are entitled to change or delete the User Name not only for technical but also for ethical or legal reasons without the requiring your approval.
5.1 As a user, you will receive a user account ("Account") together with your License Agreement. With this Account, you can change your data and manage the Games.
5.2 An Account can either be created by us on the games portal or on the relevant website of the Game or via a Mobile App downloaded to your end device.
5.3 An Account cannot be transferred without our express approval, whether this is subject to a fee or free of charge.
5.4 You may only have one Account per game world (one section of the Game). You can login to your account both via the relevant website of the Game or via the App you have downloaded. Using multiple accounts ("Multi-Accounts") within a game world (irrespective whether this is via a downloaded Mobile App or the Games' websites) is prohibited and can be punished with an immediate ban or extraordinary cancellation of the Licensing Agreement. Asserting any claims for damages by you is excluded in such a case.
5.5 As User, you undertake to keep secret any login data, passwords and access data (jointly referred to as "Login Details") for your Account and to inform us without delay as soon as you become aware or suspect that unauthorized third parties gained knowledge of your Login Details. In such a case, you will change your data or have it changed by us. We also reserve the right to block your access temporarily. You will be permitted to use the Game(s) again as soon as we have eliminated the suspicion of any abuse of the Login Details either by you or by a third party.
5.6 If a third party uses an Account without authorization by gaining access to your Login Details where you are to blame, you are treated as if you had acted on your own.
5.7 Making use of another User's Account is prohibited unless the game rules specifically provide for this (e.g. "holiday replacement").
5.8 If we suspect that a third party has become aware of the Login Details, we are entitled, but not obliged, to change the Login Details or block the account without prior notice. We will notify you accordingly without delay and, on request, provide you with new Login Details within a reasonable deadline. Further claims by you as a result of the temporary blocking of your Account or change to your Login Details are excluded.
5.9 We are entitled to delete inactive Accounts according to the relevant game rules. In this case, the Licensing Agreement ends automatically.
The use of the Games is only possible through locally installed software as well as an internet connection on your computer, tablet, Smartphone or other end device ("End Device"). These include an Internet browser, a connection to the Internet, an operating system, possible plug-ins, e.g. Java or Flash and possibly required clients for the use of the Game. You bear the costs of this software and its application as well as the costs incurred for the use of the Internet connection. It is your responsibility to maintain your End Device in such a manner as to ensure the use of the Games. We do not provide any support for this.
7.1 We provide the Games and other Services within the scope of our technical and operational possibilities. The Services of the Games are open to Users who have a Licensing Agreement and consequently an Account.
7.2 All the Games, Services, Premium Services, items or currencies we offer are reworked and updated at our discretion to ensure that they remain attractive for the largest possible circle of users. To make sure that all users can take part in the Game, it is essential that all users use the same version of the Game, Services, Premium Services, items or currency. For this reason, you may use the relevant Game, Service, Premium Service, item or the currency only in the most recent version.
7.3 We reserve the right to discontinue the operation of the Games or parts thereof without giving reasons.
7.4 We expressly reserve the right to contest a contract, provided a contract was concluded in the first place, should, for example, technical problems or interference with the offer by a third party or similar events lead to faulty offers to you (e.g. incorrect or faulty pricing of Premium Points), and to demand a recovery of the services provided to you, in particular Premium Points granted, against reimbursement of any sum you may have paid. As the User, you have the same right.
8.1 The contract for Premium Services ("Premium Licensing Agreement") is concluded both via browser games as well as Mobile Apps as soon as you click on the button "Pay Now" or similar, once you have selected the Premium Service and through sending an order confirmation via Ingame-News or e-mail in which you accept the offer.
8.2 The Premium Services in particular, but not exclusively, include the provision of virtual currency (e.g. "Premium Points, Gold”) and the use of game advantages by way of virtual goods ("items").
8.3 The content, features and preconditions of the Premium Services that are valid at the time of the order and in the manner they are presented on our website and in the Mobile Apps as well as the corresponding baskets shall apply; this is conveyed to you accordingly in the relevant order confirmation.
8.4 Generally, as User, you can utilize items for a certain duration. You can also lose items during the course of a Game, for example if they are destroyed during gameplay or are taken away by other users.
8.5 Premium Services can only be purchased through a separate order. There is no permanent or repeated obligation to purchase a Premium Service.
8.6 With regard to the use of the Games via browsers, the prices valid at the time of the order, as presented in the relevant baskets and transmitted in the order confirmation for the corresponding order, shall apply. Prices include possible statutory value-added-tax.
8.7 In some instances, costs or fees ensuing from various payment providers are not included in the prices. As far as you could incur additional fees or costs through your chosen payment provider, this will be expressly pointed out. If you are playing in a browser, you can change the payment provider prior to finalizing the payment process. We do not have any influence over costs or fees raised by the payment provider. Binding information on incurred fees and costs can only be given by the payment provider.
8.9 As far as the Games simulate currencies, e.g. Premium Points, these are Premium Services and not real money. A reconversion of the Premium Services (i.e. currencies, etc.) in real money is only possible if the operation of our website and Mobile Apps as a whole are permanently discontinued. In such a case, any payments you made shall be refunded if the purchased Premium Services or items have not been unlocked.
8.10 Service payments are due in advance with the purchase of a Premium use.
8.11 As User, you are not entitled to a specific payment method.
8.12 You are liable towards us for any cancellations or reversal debits for which you are responsible (e.g. due to insufficient funds on your account). You shall also bear the costs (e.g. fees charged by the payment provider) and handling fee of EUR 4.00 incurred through such a default. We are entitled to charge these amounts together with the original payment to your account. You have the right to prove that no damage occurred, or that there was no damage equivalent to the amount demanded.
8.13 If you are in arrears with your payment, we are entitled to cease our services and to block the Account, notwithstanding your continued payment obligation. No service payment is due during this period. However, we are entitled to charge a handling fee of EUR 3.00 to unblock the account upon full settlement (provided you are responsible for the default). You have the opportunity to prove that no damage occurred or only to a minor degree. Furthermore, we are entitled to charge the statutory interest on arrears of 5 percentage points above the relevant valid base interest rate.
8.15 We are entitled to change the prices for Premium Services at our discretion.
If you are sending your revocation by e-mail, we recommend that you enter your name and the name of the Game in the subject line to ensure speedier handling.
You have the right to revoke this contract within fourteen days without giving any reasons.
The revocation period is fourteen days from the date of concluding the contract.
To exercise your right of revocation, you must inform us (InnoGames GmbH, Friesenstrasse 13, 20097 Hamburg; Tel: +49 40 7889335-0; Fax: +49 40 7889335-200, e-Mail: info@innogames.com ) of your decision to cancel this contract with a clear declaration (e.g. a letter sent by mail, fax or e-mail). You can use this sample form to submit your revocation, although it is not a condition.
To meet the revocation deadline it is sufficient that you send the notification before the end of the revocation deadline stating that you wish to exercise the revocation right.
If you revoke this contract, we shall refund you all payments we received from you without delay and no later than fourteen days from the date on which we received your notification to withdraw from this contract. This refund includes the delivery costs (with the exception of additional costs that were incurred because you chose a different type of delivery than the most cost-efficient standard delivery). For such a refund, we will use the same method of payment you used for your original transaction unless something else has expressly been agreed to with you; you will not be charged a fee for this refund.
Your right of revocation ends prematurely if, prior to the expiry of the revocation deadline, the contract has commenced after you, as User, have given your express approval for this and are aware that, as a consequence, you lose your revocation right once the contract has been executed.
We will confirm the conclusion of the contract to you, the User, via Email by sending an invoice and confirming the contract wording.
10.1 Provided nothing to the contrary is agreed in our actual offer, the Licensing Agreement and/or the Premium Licensing Agreement between you and us are concluded for an indefinite period of time. Different provisions may apply for the provision of Premium Services.
10.2 If no duration is agreed upon regarding the duration of the Licensing Agreement, it can be cancelled at any time. Reasons need not be given.
10.3 The Premium Agreement can be cancelled by both parties (you and us) by giving three (3) months proper notice. No reasons are required for such cancellation.
10.4 The parties' right to cancel the Licensing Agreement or the Premium Licensing Agreement at any time for an important reason remains unaffected by the aforementioned regulation.
there is a violation of Art. 11 or Art. 12.3 and this violation, despite a request and the expiry of a certain deadline to remedy the situation, has not been healed or is repeated despite the warning.
10.6 If there is no cancellation stipulated for the relevant Game (e.g. delete feature), a cancellation notice must be effected in written form (letter, fax, e-mail). Giving reasons for the cancellation is required in case of an extraordinary notice of cancellation.
10.7 For technical reasons, the final deletion of the Account and the user data only occurs after several days.
10.8 In the event of a proper cancellation by you, or a notice of cancellation given by us for an important reason, you may not demand a refund of the payments you have made when the notice becomes effective. As User, you have the option – until the time the notice becomes effective – to use and use up any items purchased against a fee; thereafter you are not entitled to assert any reimbursement claims against us, in particular regarding non-utilized Premium Services. Furthermore, any claims for provision of the Premium Services cease to exist. Moreover, we are authorized to demand the sum of all payments you would have had to pay (in particular Premium Services already ordered). Your right to prove that no damage occurred or that the damage was significantly lower remains unaffected.
11.1 You are not entitled to use mechanisms, software, programs or other routines that could disrupt our systems. You may not adopt any measures that could lead to an unreasonable overload of the systems. The use of special software, in particular for the systematic or automatic control of the Games or special game features (Bots, Macros), for the reproduction or evaluation of the Games is not permitted.
11.2 It is prohibited to exploit bugs or faults in the Games' programming and during gameplay that could represent an advantage for you for personal and/or third party purposes. If you discover any bugs, you shall notify us immediately. As far as you have derived any benefits therefrom, such benefits must be reimbursed to the extent this is possible. Intentionally exploiting bugs or fault, or publishing such exploits on the Internet or though mobile applications, can lead to an immediate cancellation of the Licensing Agreement without notice and a deletion of the Account.
11.3 The use of software which allows data mining or that in any other way collects information associated with the Games is prohibited.
11.4 The use of items outside the Game, their sale or purchase for real money or their exchange is prohibited.
12.1 As User, you undertake to provide us true and complete information upon registration and when using the Premium Services. You undertake to inform us immediately of any changes to the data supplied and to confirm their validity upon request.
12.2 You undertake to abide by the provisions of these GTC, to observe the rules of the game and to obey our instructions and those of our employees as well as our vicarious agents and assistants. This includes the instructions of administrators and moderators (community managers, supporters) in the Game’s forums.
publishing or distributing content that causes damage to networks, servers or other infrastructural components, hampers their operation, or accessing such content (e.g. distribution of worms, Trojans, viruses, spyware, password-phishing, etc.).
12.4 Intentional false entries, the use or placement of unauthorized content or violations of Art. 11 and Art. 12.3 or the abuse of data entitles us to give extraordinary notice. We also reserve the right to take further legal action.
12.5 We are entitled to delete user-generated content. This applies in particular to content violating these GTC.
13.1 Mobile Apps and Games require the installation of a software on your End Device ("Mobile App Software"). As the User, you are aware that we are entitled to all rights to the Mobile App software and, where applicable, our licensors. We provide you with with this Mobile App software and grant you the corresponding simple user rights for private use on your end device. The Mobile App software may not be duplicated or made publicly accessible on the Internet or via a network or stored on data carriers beyond above-stated intended use. It may also not be commercially utilized or exploited. Furthermore, adaptation, decompiling, disassembly and reverse engineering are prohibited. Soliciting or aiding third parties in such actions is also prohibited. We can revoke these rights granted to you at any time without giving reasons. In such a case, you, as the User, are obligated to delete the Mobile App software on your end device. The authorization to use the granted rights expires at the latest with the expiry of your Licensing Agreement.
13.3 If, within the scope of the Games or in any of the forums operated by us, you make information available via texts, photographs, graphics, videos, links, music, etc. ("Content"), you grant us the free, simple, universal right to duplicate the content and make it publicly available in connection with the Games and in the forums. You are personally responsible for this information. We do not have control in this respect and also do not adopt the content as our own. We do not examine or check such content. If we become aware of illegal content or content pursuant to Art. 12.3, such content will be removed immediately.
13.4 You indemnify us against all claims including claims for damages that other users or other third parties assert against us due to an infringement of their rights by your behavior and/or by the content or data you have posted. You will also compensate us for reasonable costs incurred, in particular those costs that we may incur for a possibly required legal defense. All further rights and claims for damages on our part remain unaffected. Your aforementioned obligations do not apply if you are not responsible for the relevant infringement. If your content infringes third party rights, you will provide us – at our discretion and at your expense – with the right to use the content or to design the content free from protective rights to the extent possible. If your use of the Services infringes third party rights, you will immediately cease any use that is in violation of the contract and/or illegal at our request.
We guarantee availability of the Games in 98% on an annual average. Excepted herefrom are times for regular maintenance of the Games, which is only possible in an off-line mode, and times in which the Games, due to force majeure, external manipulation or other problems that are not within our control or that of our vicarious agents, cannot be reached. We are liable for the unavailability of the Games only in cases of willful intent or gross negligence or culpable violation of life, body or health.
15.1 With the License Agreement you, as User, are granted the option to use the Games in their relevant current version. You are aware that the Games offered by us – just as any software – can never be completely free of defects.
15.2 You must immediately notify us of any defects you discover. For the preservation of evidence, you should document this in text form (e.g. by fax, letter or e-mail) and send the information to us. Before notifying us of any possible faults, you shall read all the help pages, FAQ pages and possible notifications in the forums.
15.3 Excluded from warranty are defects that are attributable to external influences, operating faults for which you are responsible or those from force majeure.
15.4 You are obliged to collaborate as far as possible with the elimination of the Games' defects.
based on other mandatory liability.
Claims for damages for the violation of important contractual obligations are limited to damage typical and foreseeable for contracts, provided there is willful intent or gross negligence, or a liability exists from culpable violation of life, body or health, or from the express guarantee of condition and quality, or from product liability.
15.6 The aforementioned liability limitations in Art. 15.5 also apply to the personal liability of our employees, shareholders, representatives, bodies and their members, community manager, moderators, supporters, and vicarious agents.
15.7 The above provisions do not imply a change in the burden of proof to your detriment.
15.8 We expressly distance ourselves from the content of all websites that contain direct or indirect references (so-called "links") to our products. We do not assume any liability for such content and pages. The providers of the relevant pages are personally responsible for the content of these pages.
Information regarding the type, scope, place and purpose of collecting, processing and use of the personal data required for the agreement as well as for the execution of orders and sending of newsletter on our end, as well as your right to information and the right to correction, blocking and deletion, can be found in the Data Protection Provisions.
17.1 For game support and other game-related inquiries, please contact: Support.
17.2 The European Commission opened its new online dispute resolution (“ODR”) platform for alternative dispute resolution between consumers and online traders. Go to: http://ec.europa.eu/consumers/odr. You can reach us via the ODR. Normally, we will then contact you directly because we are not obliged to take part in a dispute resolution procedure in front of an consumer arbitration body.
18.1 This agreement is subject to the laws of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the exclusion of the rules on conflict of laws.
18.2 For disputes with you, the legal place of jurisdiction shall apply as far as you have a general place of jurisdiction in the Federal Republic of Germany. For disputes arising from legal business transactions with merchants, legal entities under public law or special funds under public law, the exclusive competence of the place of jurisdiction Hamburg is considered agreed for all cases.
© Copyright InnoGames 2009 – 2019. All rights reserved.

matches:
Art. 10
Art. 1
Art. 8
Art. 1
Art. 15
Art. 11
Art. 12
Art. 11
Art. 12
Art. 12
Art. 15


Recodified as RCW 29A.48.010 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Recodified as RCW 29A.48.020 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Recodified as RCW 29A.48.030 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
29.38.040 Depositing ballots — Replacement ballots.
Recodified as RCW 29A.48.040 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
29.38.050 Return of voted ballot.
Recodified as RCW 29A.48.050 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
29.38.060 Ballot contents — Counting.
Recodified as RCW 29A.48.060 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Recodified as RCW 29A.84.030 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
29.38.900 Captions not law — 2001 c 241.


8-156. Manufacture of highway markers and signs; powers and duties of secretary of transportation and secretary of corrections. Prior to November first of each year, the secretary of transportation shall furnish the secretary of corrections complete and detailed specifications, with an estimate of the number required, for the manufacture of all highway markers or signs to be delivered during the ensuing year for use the following year. The secretary of corrections shall cause the same to be manufactured on the basis of said specifications and estimate and shall cause the same to be packed in suitable containers and shipped, prepaid, to the designated destination as they are finished, which shall not be later than December fifteenth of the year of manufacture: Provided, That all additional orders for extra markers or signs and "miss-outs" shall be manufactured and shipped as soon as convenient after the order is received. Annually, on June 1, the secretary of corrections shall file a verified statement with the secretary of transportation showing the total number of highway markers and signs manufactured and delivered during the preceding twelve (12) months.
History: L. 1945, ch. 87, § 6; L. 1947, ch. 98, § 2; L. 1951, ch. 106, § 1; L. 1953, ch. 44, § 1; L. 1974, ch. 35, § 10; L. 1975, ch. 35, § 2; L. 1975, ch. 427, § 5; Aug. 15.


text:
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matches: v. v. v. v. v. V. V. V. v.


Caouette v. Bristol-Myers Squibb Co.
JAMES CAOUETTE, et al., Plaintiffs, v. BRISTOL-MYERS SQUIBB COMPANY, et al., Defendants. AND ALL RELATED ACTIONS.
Previously, the Court held a hearing on the motions to remand in the eight related cases. Bristol-Myers has now moved for leave to file an omnibus sur-reply. The Court hereby GRANTS Bristol-Myers's motion and further orders supplemental briefing from the parties as follows.
1. Do Plaintiffs contend (as articulated at the hearing on the motions to remand) and, if so, based on what authority, that distributor liability in a strict products liability case is strictly "derivative" of the manufacturer's liability such that a distributor can do nothing to avoid liability along with the manufacturer other than cessation of sales, particularly where the underlying theory is a failure to warn?
2. Assuming arguendo that a distributor has an independent duty to warn in a strict products liability case (where the underlying theory is a failure to warn), cf. Persons v. Salomon N. Am., 217 Cal. App. 3d 168, 178 (1990) (noting that company, which "was in the business of renting skis and bindings," "had an independent duty to exercise reasonable care in supplying this equipment and was itself subject to strict liability for failure to warn its customers of the dangerous propensities of articles it rented"), (a) what should McKesson have done in the instant cases to satisfy that duty and (b) how are those actions not inconsistent with or prohibited by federal law, including but not limited to 21 U.S.C. § 355 and 21 C.F.R. § 314.70(a)? Compare Pliva, Inc. v. Mensing, 131 S. Ct. 2567, 2576 (2011) (deferring to the FDA's position that a Dear Doctor letter qualifies as labeling; stating that "[a] Dear Doctor letter [from a generic manufacturer] that contained substantial new warning information would not be consistent with the drug's approved labeling").
3. What weight should the Court give the FDA's comments, in conjunction with its promulgation of certain labeling and advertising regulations in 1979, see 44 Fed. Reg. 37434, 37447 (June 26, 1979) (stating that "[t]he addition to labeling and advertising of additional warnings, as well as contraindications, adverse reactions, and precautions regarding the drug, or the issuance of letters to health care professionals (e.g., 'Dear Doctor' letters containing such information) is not prohibited by these regulations"), particularly in light of the Supreme Court's decision in Mensing?
1. For those actions Plaintiffs claim McKesson could have taken to satisfy its duty to warn, what specific federal statutes or regulations barred or made it impossible for McKesson from taking those actions? The Court seeks more than a general reference to the FDCA's labeling laws.
2. What weight should the Court give the FDA's comments, in conjunction with its promulgation of certain labeling and advertising regulations in 1979, see 44 Fed. Reg. 37434, 37447 (June 26, 1979) (stating that "[t]he addition to labeling and advertising of additional warnings, as well as contraindications, adverse reactions, and precautions regarding the drug, or the issuance of letters to health care professionals (e.g., 'Dear Doctor' letters containing such information) is not prohibited by these regulations"), particularly in light of the Supreme Court's decision in Mensing?
Plaintiffs' brief shall be no longer than twelve (12) pages; Bristol-Myers's brief shall be no longer than eight (8) pages.