text:
just4fun GmbH operates an online gaming portal at www.just4fun.com (hereinafter "just4fun"). just4fun offers access to various games playable over the internet, namely online games, as well as related Services. These Services may include the possibility to create a profile page and blogs, to participate in discussions, to upload media content such as photographs, texts and games, to purchase virtual items or other services. The participants of just4fun GmbH's games and services and the users of the online gaming portal just4fun are referred to as "Users" hereinafter. If these general terms and conditions (hereinafter "TCs") refer to "Games" or "Services", reference is made to just4fun GmbH's games and just4fun GmbH's services as described above.
All Games and Services provided by just4fun GmbH to the users are subject to these TCs. TCs of the user do not become part of the contract unless just4fun GmbH has accepted them in written form.
The following TCs govern the use of the gaming portal just4fun, as well as the Games and the Services of just4fun GmbH. The Games and Services are designed primarily for access through personal computers connected to the internet via telephone, ISDN, broadband, or equivalent connection. They can also be accessed through various other devises which can establish an internet connection, although the features available and/or graphical display may be limited on such devices. Questions which can arise regarding the internet connection, the connection with the websites and online games, or third party software (browser, access software) are not the subject matter of these TCs, as these services are not provided by just4fun GmbH.
just4fun offers its Games and Services only to consumers in the sense of Sect. 13 Bürgerliches Gesetzbuch (German Civil Code). The Games and Services must not be used for pecuniary or any other commercial purposes.
The right of use is granted to persons either aged 18 or above or holding their legal representatives consent. The rules of individual Games may prevent Users under a certain age from participating even if their legal representatives have consented.
Upon registration for the Games or Services, the User explicitly states (i) his or her majority and legal capacity or (ii) if he or she is not of legal age, the consent of his or her legal representative.
just4fun GmbH offers its Users to participate in the Games and Services over the internet subject to technical and commercial limitations.
Participation in the Games is for entertainment only.
As part of the Services, just4fun GmbH provides information and enables the Users, amongst others, to upload information and to create personal profiles which may be accessed by Users of the Games and Services, but also by third parties. The User may also communicate with third parties via the just4fun portal, upload and exchange photographs, videos, games, music, and other media content, publish blogs and comments, rate games, other users, third parties or transactions.
The Games and Services can be accessed through the applications provided by just4fun GmbH under the respective URLs. Only users is possession of a registered account are admitted. just4fun GmbH reserves the right to also offer the Games for purchase on storage media, whereas the features may be different from the online version. The sale of games is not governed by these TCs.
Participation in the Games and Services requires prior registration of a user account (hereinafter "Account"). An Account can be created on the just4fun portal or through the Game's respective URL. An Account created on the just4fun portal enables the User to access any of the Games (subject to the conditions set forth in clause 1.1).
Signing up, i.e. applying for an Account, requires the prospective user to fill in a form and to submit various information. Usage is possible once just4fun GmbH has created an Account for the User.
Any User may create several Accounts on the just4fun portal. Several Games, however, prohibit the use of more than one Account by one and the same User ("prohibition of multi-accounts"). Please refer to the respective Game's rules for more details. just4fun GmbH strongly recommends all Users having signed up for more than one Account to carefully read the respective Game's rules, as any infringement of the prohibition of multi-accounts may result in an immediate ban of the User. Even if the Game's rules allow for a User to have more than one Account, Accounts held by the same User must not communicate or interact with one another ("prohibition of pushing"). It is especially prohibited to use one Account to give advantages to another Account held by the same User, for example by transferring items, assets, credits or ingame currency from one Account to another Account held by the same User or by fighting with one Account against or together with another Account held by the same User.
Once the account has been created, the user may participate in the Game or Service by accessing the just4fun portal or entering the respective URL and logging in.
The Games and Services may only be used by means of a standard web browser or with tools specifically provided or approved by just4fun GmbH ("prohibition of non-authorized scripts"). This means especially: It is not allowed to use programmes which might cause an excessive server load. Software which systematically or automatically performs Game commands or Game functions (such as bots or macros) as well as software which may be used to reproduce or analyse the Games, elements of the Games or any content provided on the just4fun portal, is prohibited. The User cannot claim an Account to be created or content to be published on just4fun.
Technical and other requirements for the Games and Services are listed on the just4fun portal or the respective websites of the Games and Services.
The Games and Services are constantly being updated, adapted, extended and changed. Therefore, the User is granted a right of use only for the then current version.
The Games can be used free of charge in their basic versions. Some features are available for paying customers only (see below Sect. 7). Unless otherwise provided for in the respective Service's description, usage of the Services is free.
The User does not have any right that the Games and Services are maintained as they were upon conclusion of the contract. just4fun GmbH reserves its right to cease operation of the Games and Services at any time, without giving reasons or prior notice. If the user has made payments in advance (for example for Premium Features), he or she can choose between using these for other Games or Services, or being reimbursed. The User may also terminate with immediate effect the contract for the Games and Services which cannot be used. Any other claims are excluded unless otherwise provided for in these TCs.
By filling in the registration form for the Account the User submits a binding offer to enter into a contract over the usage of the Games and Services (hereinafter "User Offer"). All fields of the registration form which are marked as being "required" have to be filled in completely and correctly.
The contract between just4fun GmbH and the User is concluded when just4fun GmbH accepts the User Offer. Acceptance may be declared explicitly or otherwise lies in just4fun GmbH's first fulfilment activity.
just4fun GmbH will promptly confirm the reception of the User Offer by e-mail sent to the e-mail address submitted by the User. This confirmation is not a binding acceptance of the User Offer. The confirmation can, however, be sent together with the acceptance.
The User Offer and the offer to purchase Premium Features can be withdrawn by the User in text form (e.g. letter, telefax, e-mail) within a month without giving reasons. The time limit does not start before this instruction has been received. To comply with the time limit, it is sufficient to send the withdrawal within the time limit. The right of withdrawal ends also if just4fun GmbH has started to deliver the service with the User's consent, or in case the user himself or herself has caused just4fun GmbH to start with the service. This is to be assumed if the User has used the Games or Services or the Premium Features.
The withdrawal has to be addressed to: just4fun GmbH, Walter-Kolb-Str. 5-7, 60549 Frankfurt, Germany, Phone +49/211/41743317, Fax +49/211/41743316, Email: firstname.lastname@example.com
When withdrawing via e-mail, the name of the Game or Service (and of the Premium Features, if applicable) as well as the name of the User has to figure in the subject line. In case of a valid withdrawal, both parties have to give back the benefits they had received from the other party, along with uses, if applicable. This means that payments may not be completely reimbursed if the User has used the Game or Service before withdrawal.
just4fun GmbH undertakes to assure an availability of the Games and Services of 90 % (ninety percent) as a yearly average. Periods during which the servers of the just4fun portal, the Games or services are not available over the internet because of technical or other problems outside just4fun GmbH's influence (such as force majeure or third party's fault) and periods during which routine maintenance works are carried out are excluded from this. just4fun GmbH may restrict access to the Games and Services if required for network security, maintenance of network integrity, especially the prevention of severe dysfunction of the network, the software or stored data.
By submitting the User Offer and using the Games or Services, the User accepts these TCs as binding. Each log-in on the just4fun portal, and especially all participation of any form to any of the Games and Services, are subject to these TCs. The TCs can be printed or saved on storage media before sending the User Offer.
just4fun GmbH reserves its right to change or amend these TCs at any given time, effective for the future, if this should prove necessary and if the User is not disadvantaged contrary to good faith.
The User will be notified of these changes to the TCs in appropriate text form (possibly via E-Mail). Notification will usually be done through publication of the websites of the Games or Services or via e-mail. Changes will always be communicated to the User upon the next login, with a highlighted notice.
The User can contradict the changes within 14 days upon notification and possibility to notice such notification. If the User does not contradict the changes to the TCs within 14 days in written form, submitted to just4fun GmbH, or if he or she continues to use the just4fun portal, Games or Services, the changed TCs become binding for him or her. If the User contradicts in time, each party may terminate the contract with one month prior notice unless termination is possible at any time according to Sect. 8.1. Until termination, the former TCs stay valid. In this case, payment for services which may already have been made for periods of time after termination are reimbursed on a pro rata temporis basis. Any other claims of the User are excluded.
just4fun GmbH will, in the notification about the changes, inform the User about the possibility to contradict and the legal consequences, especially the legal consequences of a lack of contradiction.
Unless otherwise provided in these TCs or other agreements with the User, just4fun GmbH will usually communicate with the User via e-mail. The User makes sure that he receives all mails sent by just4fun GmbH to the address he submitted to just4fun GmbH upon registration, or at a later date. He or she will, amongst others, set the configuration of the spam filter accordingly and regularly check all incoming mail under this address. just4fun GmbH remains free to choose any other means of communication.
When contacting just4fun GmbH, the User will always state which Game or Service and Account he or she refers to.
Instructions and rules of the Games and Services are published on the just4fun portal or on the respective Game's websites only.
The User acknowledges that he or she plays in game worlds, together with numerous other Users, and that he communicates with numerous Users via the Services. To ensure an enjoyable gaming experience, it is necessary that the rules are respected by the participants. By participating in the Game or Service, the User therefore accepts the rules as binding.
The User will also refrain from any other activity which is an obstacle to the Game or Service, or to an enjoyable gaming experience.
just4fun GmbH generally offers access to the Games upon creation of an Account (see above Sect. 1.2). In this case, the User starts with a basic version of the Game. Creating an Account and using the basic version are free. Save for just4fun GmbH's right to cease service of the Games, the basic version has no time limit, and is fully playable. However, the User may not have access to all features of the Games in the basic version.
just4fun GmbH may offer to the User has the possibility to get access to features which are not available in the basic version (hereinafter: "Premium Features") upon payment of a fee. Premium Features may vary from one Game to another. Details on which Premium Features are offered at which tariff, which functions and requirements they have, can be learned from the website of the respective Game. Tariffs may include single payments, charging an Account which credit which can be used for special features in accordance with the Game's rules, or fees for a given period of time (e.g. days, week, month, quarter, half-year, year). The Games are constantly undergoing development. just4fun GmbH therefore reserves the right to offer new Premium Features at any time.
As the Games are constantly being adapted and developed, just4fun GmbH also reserves the right to discontinue Premium Features and/or to offer them in the basic version (see above Sect. 7.1.1) as well. In case the User has made payments for Premium Features for a period of time in the future, and cannot make use of these, because they are no longer offered and/or are offered in the free basic version as well, just4fun GmbH offers the User the choice between other Premium Features and/or reimbursement of the payment (pro rata temporis). The User may terminate the contract with immediate effect. Further claims of the User are excluded. In case the User is not of legal age, he or she states, upon ordering Premium Features, that the necessary funds to pay the fees have been given to him for this particular use, or to use at his or her sole discretion.
In case some of the Games provide access also via downloadable software for mobile phones, the stipulations for Premium Features also apply to these costs.
In case payments are made for a given period of time, the User subscribes to these Premium Features, with the subscription renewing automatically if it is not cancelled by the User in compliance with the termination period as set forth in Sect. 8.2, effective upon the end of the respective period.
The term for the subscription can be taken from the Games respective rules.
just4fun GmbH is entitled to ask for advance payment for the fees of the Premium Features (see above, Sect. 7.1.2). These fees are due upon conclusion of the contract and will be collected from the bank account / debit card / credit card account submitted by the User, if the User does not choose another form of payment (for example premium SMS). The amount to be collected will be referred to as "WWW.just4fun.COM" or just4fun GmbH on the credit card / debit card / bank account statement.
just4fun GmbH may, at any time, temporarily or permanently, reduce fees, introduce new products, services or forms of payment.
just4fun GmbH is also entitled to change prices at any given time with a notice period of six weeks; notice is given in the form of a letter of indication, or via e-mail. The changed price becomes effective if the User does not contradict within six weeks upon this notice. The contractual relationship will then continue with the changed conditions / prices. just4fun GmbH will, in the notification about the changes, inform the User about the possibility to contradict and terminate and the legal consequences thereof, especially the legal consequences of not contradicting. If the User contradicts in time, each party may terminate the contract with one month prior notice, unless termination is possible at any time according to Sect. 8.1. Until termination, the former tariffs stay valid. Payments for services which may already have been made for periods of time after termination are reimbursed on a pro rata temporis basis. Any other claims of the User are excluded.
In case of late payment, just4fun GmbH is entitled to ask an interest rate of 5 % above the then current base rate. In case of late payment, just4fun GmbH is also entitled to discontinue services and to deactivate the User's Accounts. For the period an Account is deactivated, no subscription fees are due. However, just4fun GmbH can ask for a processing fee for deactivating the Account, informing the User about the deactivation and for reactivating the Account or creating a new Account upon full payment. The processing fees are listed on the just4fun portal when accessing the respective Game or Service. The User may prove that no damage or only a substantially lower damage has been caused.
In case of reversal debits and / or cancellation fees for the cancellation of debits caused by the User through default, or a lack of backing of the User's bank account caused by the User, the User bears the cancellation fees which have occurred. just4fun GmbH is entitled to debit these cancellation fees, along with the original fees, from the User's account. If payment of the fees is made through debit or through credit cards and reversal debits occur, just4fun GmbH charges a service fee of EUR 9.60 per debit / credit card transaction plus banking fees. The User may prove that no damage or only a substantially lower damage has been caused.
just4fun GmbH does not guarantee winnings. In particular, the Users do not have the right to claim prizes, unless such a claim is explicitly granted in these TCs.
A claim for a prize can only exist if such a prize has explicitly been promised. If just4fun GmbH learns that a potential claim for a prize may be the result of manipulations of technical or legal nature and/or by any other kind of criminal manipulation, the claim forfeits. Upon participation in the Games, the User declares he or she accepts that just4fun GmbH may, at any time, conduct an extensive research and, while this is pending, may withhold the prize without the Users consent. The claim for the prize also forfeits if the User acts against the rules. In case of doubt, the User has to prove that he acted in compliance with the rules of the Games. The User knows of this burden of prove, and accepts it, even though it might not be the normal case as set forth by law.
The User may only offset if his or her claim against just4fun GmbH is undisputed or declared legally binding. The User may only withhold payment if his or her claim has its origin in the same contractual relation. The User shall not be entitled to assign his claims against just4fun to a third party.
Unless otherwise provided for in the respective Service's description, the Services can be used free of charge. Sect. 7.1 through 7.5 apply mutatis mutandis.
The contracts between the User and just4fun GmbH are entered into for an unlimited period of time, unless otherwise provided for in the offer. Each party has the right to terminate the contract at any time with immediate effect, if no limitation of the usage period has been agreed upon.
In case the contract for using the Game or Service or Premium Features have been agreed upon for a limited period of time (cf. Sect. 7.1.2 and sect. 7.1.3), the following applies: The contract for using the Game or Service or the Premium Features automatically renews for the same period of time unless the subscription or the contract has been terminated in time with a period of 14 days, effective upon the end of the term.
No reasons have to be given for the termination as outlined above. The parties remain free to terminate the contract for using the Game or Service or Premium Features for important reasons at any time. In case just4fun GmbH is responsible for a termination of the contract for using the game or Premium Features for important reasons, the User can claim a refund for any payments made by him or her (especially for Premium Features) for the period after the termination becomes effective. All other claims of the User are excluded, unless otherwise provided in these TCs. just4fun GmbH may terminate the contract especially for, but not limited to, the following reasons:
In case just4fun GmbH rightfully declares the termination for important reason, just4fun GmbH is entitled to claim 75 % percent of all fees which the User would have had to pay for the rest of the term. The User remains free to prove that no or only substantially lower damages were suffered.
If there is no option to terminate the contract in the respective Game, the termination has to be declared in written form, whereas e-mail is considered as being in compliance with the requirement of written form. A termination for important reason can only be declared in written form.
Principal obligation of the User to pay the fees, unless he uses the basic version of the Game (see above Sect. 7.1.1) or Services. Another principal obligation of the user is to correctly and completely submit all data which just4fun GmbH requests upon entering into the contract, or in the course of the contractual relation with the User. Therefore, the User declares upon signing that the information relating to his or her person or other facts relevant for the contract (especially bank or credit card details) and which he or she provides with the User Offer or upon conclusion or during the course of the contractual relation are complete and correct. The User will inform just4fun GmbH about any changes to these information without undue delay. Upon request, the User has to confirm the data to just4fun GmbH. The User is obliged to respect the rules. In case of continued breach of the rules despite reminder or severe breach of the rules (cf. clause 8.3.1), just4fun GmbH may cease all services and deliveries immediately and without granting a deadline, and terminate the contract forthwith.
just4fun GmbH is not liable for damages or loss of data on the User's computer which is caused by the installation of software which does not origin from just4fun GmbH.
just4fun GmbH provides the Games and Services online for usage with a web browser. just4fun GmbH does not provide or install the software required by the user on its local computer, such as the operating system, web-browser, or plug-ins such as Flash or Java, if applicable. It is the User's responsibility to maintain the computer in a state which enables the use of just4fun GmbH's games. just4fun GmbH therefore does not provide technical support for the installation of software required on the local computer.
The User undertakes to keep all access data provided by just4fun GmbH for accessing the Games and Services (login, passwords etc.) strictly confidential. The User will promptly inform just4fun GmbH if he or she learns or suspects that an unauthorised third person is in possession of the access data. just4fun GmbH advises the User to do this in written, e.g. via e-mail.
In case just4fun GmbH has reason to believe that an unauthorised third party is in possession of access data, just4fun GmbH may, without assuming any responsibility to do so, and always acting at its own discretion, change the access data without prior notice or block the respective Account. just4fun GmbH will promptly inform the rightful User and will, upon request, communicate the new access data to him or her without undue delay. The User cannot claim to have his initial access data restored.
In case a third party uses, through the User's fault, just4fun GmbH's Games or Services with the User's access data, the User is liable for the fees and for damages. All access through the User's access data shall be considered as an access by the User himself or herself. just4fun GmbH points out that passwords should regularly be changed for security reasons. The User is solely responsible for the use of his or her Account.
just4fun GmbH protects its systems against viruses. However, virus infections can never be completely ruled out. Also, unauthorised third parties may send e-mails under the name of just4fun GmbH, without just4fun GmbH's consent, and such e-mails may contain viruses, spyware or link to web content which, in turn, contains viruses or spyware. just4fun GmbH cannot prevent such behaviour. The User will, therefore, check all incoming mail send by or under the name of just4fun GmbH for viruses. This also applies to mails from other Users of the Games or Services.
The User will follow the instructions of just4fun GmbH, its employees, assistants and vicarious agents, including administrators and moderators of forums of a Game or Service.
The User must not, under any circumstance, use the Account, login name or password of another user.
The User shall carefully select the content he or she makes available to other users by uploading it on the just4fun portal
The User shall not make available through the Services content (such as pictures, videos, links, names, words) of political, religious, insulting, offensive, violent, sexist, pornographic, or touting nature, especially not racist, rightist extreme or leftist extreme content, persons or depiction. The User shall not use any terms or marks, names, pictures, videos, music, games, or other material protected for third parties. In case of doubt, the User shall promptly remove any content upon just4fun GmbH's request. just4fun GmbH is also entitled to remove such content on its own. The User will always respect any applicable laws and other legal rules, especially with regard to youth protection, data protection, protection of personality rights, protection against insults, public decrial, copyright, trademarks.
The User must not use the Services for illegal or unauthorized purposes. It is prohibited to use account names or e-mail- addresses of other Users without their prior consent for sending unsolicited e-mails, promotional messages or other commercial purposes.
just4fun GmbH may delete any content submitted by the User in culpable violation of the principles above.
just4fun GmbH is especially entitled to delete any information submitted by the User in whole or in part which give reason to assume a breach of these TCs, the instructions and rules of the respective Service or of applicable law, for example information with falls in one of the following categories:
The User cannot claim that such deleted information is restored.
just4fun GmbH may also exclude the respective User from further use of the respective Service and, in case of repeated infringements of the aforementioned prohibitions despite warning notice, to terminate the User's Account with immediate effect. just4fun GmbH reserves to exercise its further rights, especially to claim damages.
The User will inform just4fun GmbH in case he or she learns about an abuse of the Services by other Users or third persons, such as making accessible or sending information violating this Sect. 9.4). To ensure effective measures, just4fun GmbH requests such information in written (e.g. e-mail).
just4fun grants the User access to the Games and Services in their then current version only (Sect. 1.2). The User cannot claim that a given state of the Game or Service or functional range are maintained or achieved. The User acknowledges and agrees that the Games and Services provided by just4fun GmbH, as any other software, can never be completely free of bugs. Therefore, the Games and Services can only be considered to be defective if their playability or usability is affected severely and sustainably.
The User shall document any faults of the Games or Services or deliveries of just4fun GmbH, and report them in written along with a protocol of the error messages displayed. Before reporting a potential bug, the User will consult the instruction and other troubleshooting tools provided by just4fun GmbH (especially frequently asked question lists, and boards for troubleshooting). The User will use best efforts to support just4fun GmbH in any attempts to debug.
The User will notify just4fun GmbH of any faults without undue delay upon discovery in written form. Apparent faults of goods – including virtual goods – have to be reported to just4fun GmbH in written within two weeks upon receipt. To comply with this deadline, it is sufficient that the report is sent in time. If no notice has been given within this deadline, all claims based on such defects shall forfeit. The User is advised to correspond submit such reports in written (telefax, letter or e-mail) to just4fun GmbH.
just4fun GmbH is not liable for defects caused by external influence, faulty handling by the User, force majeure or changes or manipulations which are not carried out by just4fun GmbH.
just4fun GmbH does not assume any warranties.
just4fun GmbH is not responsible for damages unless they are caused intentionally or by gross negligence.
The aforementioned limitation of liability does not apply to the liability for personal injury of live, body, and health. It does not apply in case the damage is the result of a breach of a cardinal obligation, an essential obligation or a guarantee. just4fun GmbH remains responsible for product liability and according to Sect. 44 a TKV.
Liability for breach of a cardinal obligation or an essential obligation is limited to the damage which could have been foreseen.
The damage which can be foreseen is limited to EUR 200,00 per Account.
The aforementioned limitation of liability also applies for the personal liability of staff, employees, assistants, vicarious agents, contributors, representatives, organs, shareholders of just4fun GmbH and their members.
just4fun GmbH is only liability for consultancy as far as the content of its Games and Services are concerned. just4fun GmbH distance itself explicitly from the contents of any sites to which there are direct or indirect links from just4fun GmbH's sites. just4fun GmbH does not assume any responsibility for these contents and sites. The providers of the respective sites are responsible for their content.>
just4fun GmbH will only collect, process or use any data referring to the User as a person for the purpose of this contract (including billing) unless just4fun GmbH is required by law to disclose such data, or the User has explicitly expressed his or her consent. Collection, usage and processing of the data are carried out in electronic form. just4fun GmbH, however, reserve their right to inform the User about other games and related services offered by just4fun GmbH, also in electronic form, without the User's explicit consent, as far as legally permissible, as long as the User does not contradict. The User may contradict at any time, and no costs other than costs for the transmission (at base tariffs) of the contradiction will arise.
For advertising and market research purposes and for designing the Games and Services according to the User's needs, just4fun GmbH may generate user profiles based on pseudonyms. The User has the right to contradict this processing and usage of his or her data at any time. Upon request, just4fun GmbH will promptly inform the User about all data logged with regard to the User's person or pseudonym free of charge. This information will generally be provided by electronic means of communication.
just4fun GmbH may pass on payment data of the User to service providers or third parties insofar as this is required for determining the fees and billing. just4fun GmbH will disclose the names of these third parties. just4fun GmbH may pass on payment data to a third party in charge of billing, as far as required for this purpose. Except for that, just4fun GmbH will not pass on user data, or the content of private messages of the User, to any third party except when required by law.
just4fun GmbH points out that data protection and data security cannot be guaranteed for data transmission through open nets such as the internet at the current stage of technical development, The User acknowledges and agrees that the provider might have access to the data stored on the servers, and might therefore be able to have access to the User's data. Other users of the internet might also be technically able to get unauthorized access to network security and thus have access to the messages. The User himself or herself is responsible for security and backup of the data he or she transmits through the internet, and which are stored on web servers.
Any changes, amendments or the abrogation of the contract (partly or entirely) require written form; the requirement of written form can only be waived in written.
The sole place of jurisdiction is Hamburg, Germany in case the user transfers his or her the legal domicile or regular residence to a place outside the Federal Republic of Germany after conclusion of the contract. The same applies if the legal domicile or regular residence are unknown upon filing of a legal action.
The law of the Federal Republic of Germany exclusively applies for all contracts concluded by just4fun GmbH on the basis of these TCs and any claims arising thereof. The application of the agreement of the United Nations on contracts for international sale of goods and German International Private Law are excluded.
Should a provision of these TCs be or become invalid, the validity of the other provisions shall not be affected.
The German version of these TCs is decisive.


text:
A U.S. Customs and Border Protection veteran fired one shot at a man who drove his pickup truck at the officer in a parking garage early Thursday morning in the Grantville neighborhood of San Diego.
The man was not hit by the shot, but he stopped his truck and was arrested on suspicion of vehicle burglary, said San Diego police Lt. Terry McManus.
The CBP officer, a supervisor, was in uniform as he was walking about 1:20 a.m. to his vehicle at the La Mirage apartment complex on Ambrosia Drive north of Friars Road. He had been called to respond to an incident at the U.S.-Mexico border.
He saw two men breaking into a vehicle parked in the complex garage and confronted them. One ran and the officer chased him.
When the officer lost sight of the suspect, he returned to the garage and saw the second burglar inside driving a white pickup. That was not the vehicle being burglarized, McManus said.
The man refused to stop and drove directly at the officer, who was standing about 50 feet away. The officer feared for his life and fired one round, which hit the front of the pickup, McManus said.
Nicholas Burnthon, 22, was arrested on suspicion of vehicle burglary and assault on a law-enforcement officer.
San Diego Police officers arrested the second man at 2:20 a.m. about a half-mile away at Rancho Mission Road and San Diego Mission Road. Andrew Sigsbee, 23, was arrested on suspicion of vehicle burglary, McManus said.
The CBP officer, a 21-year veteran, was not identified.
Anyone with information on the incident is asked to call police at (619) 531-2293.

subset: commoncrawl


text:
Right of cancellation or exchange and procedures for returning products
You have 14 (fourteen) calendar days to exercise your right of cancellation, from the date of receipt of your complete order.
During this period, you may return products without providing any justification nor paying any penalty.
All products may be subject to cancellation, excepting those excluded under Article L.121-21-8 of the Consumer Code.
Returned goods must be intact and must not have been worn for any extended period of time.
By way of reminder, "The consumer may be liable only in the event of depreciation of the goods, as resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of said goods, provided that the professional has informed the consumer of his right of cancellation in accordance with 2° of I of article L. 121-17. " article L.121-21-3 paragraph 3.
To exercise your right of cancellation, you can use the cancellation form available below, or make an unambiguous statement indicating your intention to return the product to us.
A full refund requires a full return order. Unreturned products will be held from the balance.
ALEXANDRE DE PARIS will confirm receipt of your cancellation request by email.
You must then return the product to ALEXANDRE DE PARIS to no later than 14 (fourteen) days following your cancellation by mail. Return shipping costs are in any case to advance and therefore to pay by you and will remain your responsibility (except in the case of a product that is defective upon reception or an error committed by ALEXANDRE DE PARIS when sending the Product).
To return one or several accessories, please download the following form and send back the package to the following address:
ALEXANDRE DE PARIS (Bailly Créations)
To Marie Rosa
19 rue François Rochaix
01100 Arbent
Win a €100 gift certificate!
Between the 14th and the 25th of May 2019, Order and Enter for a chance to win a gift certificate worth €100*.
*Terms and conditions apply


text:
One Allergy-Two Hearts
One Allergy, Two Hearts
Inspiration comes from many different aspects of life. Our children are often the carriers of both purpose and passion, especially when it comes to overcoming and accepting a significant life challenge. Such is the case with Gray and Lily Pinto, twins and the inspiration for Don't Go Nuts. Despite the fact that Lily is the one with the life-threatening food allergy, they both live the experience of the allergy together. It affects the whole family system and consumes an enormous amount of energy from our minds and hearts. Gray and Lily are on a mission to help other siblings support each other. "Two hearts are better than one" is their motto.
"Just knowing Gray understands and cares makes a huge difference in my life," Lily said. "I know I am not alone, and that means the world to me,"
"Everywhere Lily and I go, I always feel a sense of protection for her," Gray said. "Lily has a hard time asking people not to eat nuts around her, but I am comfortable with it. I'll do anything to keep her safe."
Lily admits that the journey has been difficult and frightening. "I've had my moments of wondering, 'Why me?' But then I realize that my "cure" is to be very careful to avoid foods that have nuts or have been processed in a factory with nuts, and I'll be OK. Don't Go Nuts gives kids, families and friends a 100% safe way to trust and enjoy the food they love. I guess it's the gift in all of this for me. To help other kids be safe and feel safe. If two hearts are better than one, imagine what we can do if we all join together and help one another. That's Don't Go Nuts. I always remind myself, there is more to life than nuts, right?"
Lily & Gray Pinto
"We are an 'I' and a 'We.' We are definitely individuals, but we are also twins in our souls."
"Lily is one of the most courageous people I know. She is also the nicest. I wish everyone could walk in her shoes for just one day and see how it feels to have to be so careful everywhere she goes to avoid nuts. They're everywhere. In a strange way, her nut allergy may have helped her to be so kind. She is so good at caring, and I think this comes from her having to care for herself wherever she goes. I'm so proud of her. Lily also has learned how to be very organized in order to be safe. She teaches me so much about how to be mindful of how every one of our actions, big or small, usually affects someone. We are on a mission to help kids like Lily and siblings like me feel and be safe everywhere they go."
"I couldn't have a better friend and supporter than Gray. Kids with nut allergies have sisters and brothers and family. We all row one boat. We're in it together. I know it's hard for him. I mean who wouldn't want a candy bar with nuts or a cookie with nuts or anything with nuts. It all looks so good. But Gray says "No" to it all because it keeps me safe. Because of this gift, I get to live a safe and secure life. Who could ask for more from a sibling? I'm so happy to be creating this company together. Yep, we're on a mission."


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29Mar 11
writing a blog post about being online less. isn't it ironic. #alanismorissetteshoutout
image spied here.
so lately i've been thinking a lot about this idea of 'enough-ness' and more particularly the anxiety we all have, at some point or another, about not being enough. not being good enough. smart enough. happy enough. talented enough. successful enough. aussie-music-festival-attending-all-summer-long-thus-tan enough.
simply: not _____ enough.
and i've also been thinking about how much being online often just reinforces this sense of not-enough-ness.
yes, you might be accomplishing your dreams, or creating authentic relationships, or achieving your goals, but within minutes of internet foraging you'll find someone who is not only doing all of it seemingly better than you, but with more grace and more joie de vivre. and they might even be a whole lot younger than you. i totally understood when Q told me he was planning on learning a new mozart sonata until he watched a 6 year old from korea play it perfectly on youtube. it's that kind of thing which can be a little (or a lot) joy-squashing.
it happens with stuff/technology/trends too. a few weeks after you have the latest shiny gadget, a new version comes out. and suddenly yours is passé. not old enough to be ironic and vintage. just outdated. or you jump on the blogging bandwagon only to find out that the cool kids only tumblr. or you're enamored with chevron print but then a 15 year old on said tumblr informs the world that chevron is "OMG soooo winter 2011. spring is dots." and you think about how you totally missed that memo.
[sidenote 1: just to clarify, i do think there is merit in striving to be better and working towards excellence. but there's a definite difference between being inspired and this other feeling i'm talking about.]
[sidenote 2: i actually don't really care that much about not-enough-ness when it comes to trends. i mean, i'm currently wearing leg warmers pulled up to my thighs and i sure as heck haven't seen that look dominate the interwebs. #immunity]
but, in order to squash some of the other not-enough-ness chatter inside my head, i've been conscientiously decreasing the time i spend aimlessly online. this is kind of tricky since a lot of my projects revolve around this space, and lets face it, i LOVE so many things about the immediacy and sheer immensity of creative wealth that is 'the internet'. but in setting limits and making time to leave these screens, i actually feel like a certain pressure has been lifted. the feeling of not-enough-ness has been replaced with something so much sweeter, kinder, calmer: a sense that i'm on the right track. that i'm happy with who i am and what i'm doing. a knowledge that my days are spent involved in work that i really love. and that the place i am at, is where i'd always longed to be.
5 comments on "writing a blog post about being online less. isn't it ironic. #alanismorissetteshoutout"
Angel Says:
March 29th, 2011 at 10:16 am
I had this SAME conversation with my friend Danica a couple of weeks ago. I made a comment about not being "the most innovative" stylist out there and she quickly squashed my statement by saying something just like what you wrote. The very fact that we're doing something we love on daily basis is so amazing in itself! Why do we have to ruin it by putting the pressure on ourselves to be THE VERY BEST (whatever that means)!!!
I've been distancing myself from the internet bit by bit. I have to be on it every day for work as well. But I pick and choose my battles. I only go on facebook maybe once a week just to see if I'm missing anything. I'm taking a bit of a break from my personal blog at this time. My multiple posts a day have become one a week. BUT! I am enjoying image hoarding on Tumblr & Pinterest. There is a freedom there. I feel like it's something I'm doing for me w/o worrying what people will like or not like. I can find images that strike me vs. just looking at outfits aaaalll daaaaay loooooooong! It's really fun and makes me enjoy the internet on a new level.
Thanks for writing this! You know I'm a big fan of your blog!
Happy Fellow Says:
March 29th, 2011 at 1:45 pm
There is a cute book called Hope for the Flowers. These two caterpillars are in love. Life is great. But then, looming in the distance, there are these caterpillar pillars. What is at the top? Everyone is scrambling over one another to get there. (Hint: There is nothing at the top.)
I saw a video yesterday of a 12-year-old boy who is doing high-order maths with such breeze and enthusiasm. He's soon to have a grant to work at a local university, and may even figure out some kink in Einstein's theory of relativity. When I was 12 years old, I think I was playing Pooh sticks at the creek behind my house.
It's all relative. When watching the math genius, it made me smile. I love how we are all built differently, and exploring/discovering what is possible humanly. What a wonderful time we live in. The world is changing, and we're on the frothy tumbling mess of that advancing wave.
In another book, from years ago, which title I can't quite remember, but something like The Age of Misinformation, the author and his friends recorded everything that was on television in a 24-hour period. There were 92 channels in his area, and it took him months to wade through all of the content. He then compared the experience, and what he learned from all of that information, with a 3-day camping trip in some nearby mountains. You can imagine the result.
The world is at our fingertips, but life is at our feet. For all of our adventures (online and off), we arrive at the ground on which we stand, and learn to be at home. In a French movie (Of Gods and Men) I saw over the weekend at the $5 theater, one line of dialogue lingers: "Wildflowers do not move to find the sun's rays. God makes them fecund wherever they are."
In cultivating authentic, loving relationships, the intent is to pursue excellence within ourselves, and to encourage the same in others. This isn't a race, nor contest. We need each other. We are one soul in many bodies. We are beautiful butterflies struggling to emerge from the long dark prelude of history.
Court Says:
March 29th, 2011 at 8:25 pm
Great article and I totally agree. We tend to endlessly compare ourselves to others – when we often don't stop enough to realize that sometimes people feel the same about us when they read our blogs/facebooks/tumblr etc.
Whether you realize it or not you are one of those people who make others feel like they don't have enough-ness!
…And this isn't always a bad thing – in fact it inspires people to do more!
Paige Says:
March 30th, 2011 at 9:37 am
AMEN sister. I feel like I get this way if I spend to many minutes on social sites. Yes it does keep me connected to people I would never call or write on a continual basis but it reminds me that my life does not look like the typical life of those people I'm closely associated with. I'm 25, not married, no relationship and no kids- currently living with the "rents" to save money, working full time, and attempting to finish my bachelors while everyone else seems to have done all of the above plus more in the same amount of time. I LOVE my life, let me reiterate- I LOVE my life and of course want the husband, house and 2.5 kids in the future with the perfect career but my story will be different. Of course, social networks make me feel differently about it so I need to spend less time on them. I'm glad someone else agrees and is vocalizing the negative affects of our easy access to everyone else's "stuff."
Brooke Says:
April 6th, 2011 at 9:12 pm
This was exactly what I needed to read today…just a little reminder to keep doing what I love and quit feeding the internal demon of niggling self-doubts. It's like I need to set parental controls on the internet for myself! But until then thanks for the friendly reminder that more internet does not automatically equal good…everything in moderation. Oh moderation, you old devil you. Why do you have to be so hard?


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My daughter has been diagnosed as bi-polar. At least two of her children are ADHD and possibly bi-polar. I have recently been told that I have several relatives with mental illness-two are bi-polar. Did she get this illness from me and does this mean that I also have bi-polar? Could this explain my depressed moods?
- Dr. Dombeck responds to questions about psychotherapy and mental health problems, from the perspective of his training in clinical psychology.
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- Always consult with your psychotherapist, physician, or psychiatrist first before changing any aspect of your treatment regimen. Do not stop your medication or change the dose of your medication without first consulting with your physician.
Bipolar disorder is not a communicable disease. This is to say, you can't 'catch' it from someone as you might the common cold. In this sense there is no way you could have 'given' your daughter depression.
p>However, there is good evidence that vulnerability to depression (of which bipolar illness is a type) is, in part, genetically inherited. Some forms of depression (not bipolar disorder, but regular 'unipolar' depression) can also, in part, be influenced by particular styles of thinking and coping with problems that can be unconsciously and unintentionally taught by parents to children during the normal process of child-rearing. It is certainly possible that you may have passed on to your daughter some family vulnerability to depression or bipolar illness at the time of her conception. However, there are many other things (completely unrelated to you) that can trigger bipolar disorder. There is no real way to know what caused your daughter's case. Regarding your question of whether your depressive feelings mean you have bipolar disorder, there is not enough information here to begin to answer this question. I can only say that you or people around you would probably know by now if you had a true full-on bipolar disorder condition (which is associated with mood cycling between very energized and very depressed states). Seek an appointment with a psychiatrist if you are wanting a definitive diagnosis.


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