Little Printer publisher terms of service

These are the terms and conditions for Little Printer Publishers.

Q. What is a “Little Printer Publisher”?
A. a “Little Printer Publisher” is someone who makes content available for Users to print out on their Little Printers through their own Publication using the Service.

Q. What is a “Publication”?
A. a “Publication” is a dedicated channel through which a Little Printer Publisher may make their content available to Users.

Q. What is “Content”?
A. “Content” is any content, communication or material that make availability on or through the Publication.

Q. What is the “Service”?
A. the “Service” is the online service available via the domain and subdomains at bergcloud.com which enables Little Printer Publishers to make available their content through their Publication to Users.

Q. What are the “Service APIs”?
A. the “Service APIs” are the application programming interfaces which allow a Little Printer Publisher to create a Publication.

Q. What is a “User”?
A. a “User” is someone who has a Little Printer wishes to subscribe to Publications and has signed up to receive Content from Little Printer Publishers.

If you are, or want to be, a Little Printer Publisher these terms and conditions apply to you and all your use of the Service. Please read the following terms and conditions carefully, By using the Service and/or any of the related products and services available through it you are agreeing to and accepting these terms and conditions and any other rules and guidelines notified to you from time to time.

Provision of Services

The Service is provided by Berg Cloud Limited (“BERG”).

The Service allows you to become a Little Printer Publisher and to set up a Publication to make your content available to Users.

Your Publication, anything you do using it and any content you make available through it, as well as anything else you do using the Service or as a Little Printer Publisher is subject to these terms and conditions.

If you do not agree to be bound by these terms and conditions you should not be a Little Printer Publisher, should leave the Service and discontinue any and all use of the Service immediately.
Users may be entitled to review and comment on your Publication.

In the event of User comments these will not be moderated or reviewed by BERG and are subject to the terms set out below.

Accounts

To use certain features of the Service, including setting up a Publication, you will need to set up an account (including registering your email address and setting up a password). You should not disclose your password to any third party without BERG’s prior written consent, or let anyone other than you use your account.

You are responsible for keeping your password confidential. You are also responsible for your account and for all use of it and any activities that occur using your email address, password or other account information.

All email and other communications sent by BERG are intended only for the addressee and/or others authorised to receive them.

Little Printer Publishers may use and access the Service for the purpose only of making available their Publication.

In order to apply to be a Little Printer Publisher you will need to comply with the requirements (“Publisher Requirements”).

Subscription, Price and Payment

There is no charge to use the Service provided that it complies with Publisher Requirements.

Publisher Requirements

In order to apply and remain a Publisher you will need to comply with the requirements outlined in the Little Printer Publishers’ Handbook.

Use of Service

Subject to these terms and conditions you may use the Service (and parts of it) solely for the purpose of managing, maintaining and making available your Publication (and related Content) and are granted a personal, non-exclusive, non-transferable, limited right and licence to do so.

This licence includes the limited right to use the Services and download, view, copy and print the Service APIs and Content temporarily, for purposes solely connected with the permitted use of the Service.

You may not transfer, sub license or deal in this right without BERG’s prior written permission.

The Service and content and materials on it may not be used for any other purpose.

Notwithstanding any other provision of these terms and conditions you agree and undertake not to:

  • hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of it;
  • remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
  • create software which mimics any data or functionality in the Service;
  • use or deal in the Service except as permitted by these terms and conditions;
  • include contact details intended to enable communication outside of the Service, in any Content;
  • use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
  • use the Service for the distribution of unpermitted advertisements or marketing;
  • make any other public, business or commercial use of the Service or any part of it other than for the purpose of making available your Publication;
  • provide links, QR codes or other direct connection for profit or gain to the Service without BERG’s prior written permission;
  • make the Service or any part of it available to any third party;
  • display, publish, copy, print, post or otherwise use the Service and the information contained therein for the benefit of any third party or web site;
  • use any information obtained through the Service, including and personal data as defined in accordance with Data Protection Act 1988 (“DAP”), in contravention of the DPA;
  • use or process the Service or any part of it unfairly or for any illegal or immoral purpose.

Publication and Content

  • You are responsible for the Content made available through your Publication or any other part of through the Service including any communications, messages, articles, advertisements and / or listings.
  • Your Publication will be available to all Users of the Service and cannot be limited to specific Users.
  • You agree, acknowledge and accept that BERG is not required to review or exercise any control on your Publication. You are responsible for accuracy of any description of material made available through your Publication.
  • BERG shall have no liability for your Publication and the content contained within it.
  • When you set up a Publication and make Content available through the Service this will be deemed an invitation for Users to apply to subscribe to the Publication.
  • After you have set up the Publication in accordance with the Publication set up instructions (outlined in the Little Printer Publisher’s Handbook), Users will be able to subscribe to the Publication.
  • When a User subscribes to a Publication certain anonymised details and statistics will be provided to you.
  • You may only cancel or change the type of material provided by a Publication if it is reasonable to do and in such circumstances you must communicate any such changes to all Users who subscribe to the Publication. In the event that you wish to alter the type of content available through the Publication please communicate this to the Users as soon as possible.
  • BERG cannot confirm Users are who they claim to be nor confirm the truth or accuracy of any statement made by Users, including but not limited to User profiles.
  • BERG shall have no liability in relation to subscriptions to your Publication. Sole responsibility for whether your Publication attracts Users or is attended or successful lies with you.
  • You however agree that we may use, publish, edit, modify and adapt your Content for any and all purposes relating to our site and our business and you hereby grant us a non-exclusive, perpetual, unrestricted right and licence and all necessary permissions, consents and licences required for us to use your Content and Intellectual Property Rights in it, in that way.

Publication Comments

You may make available Content on or through your Publication using the Service. You agree and undertake that you will not, whether through the Publication or otherwise, upload, submit, transmit, post or otherwise place Content that:

  • is unlawful or which gives rise to civil or criminal liability;
  • promotes any illegal or unlawful activity;
  • infringes any copyright or other intellectual property of any third party or assists infringement or piracy;
  • includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
  • is abusive, pornographic, defamatory, discriminatory or obscene;
  • harasses any person;
  • seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
  • contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
  • solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.

You understand that Users may be entitled to comment on the Publication.

You agree that the views expressed in any comments are the views of the individual authors and not those of BERG.

BERG is not responsible for and disclaims all liability in respect of any comments, views, opinions or remarks expressed in any user comments.

BERG is a mere conduit engaged in the business of providing an Internet information and communication service and is engaged in the transmission, storage, retrieval, hosting and formatting of third party communications without selection or alteration of the content of the communications.

By using the Service, you agree that BERG has no responsibility to review the content of any User comments and that all User comments are made available on the basis that BERG is not required to and does not exercise any control or judgement concerning such Service content.

Notwithstanding the foregoing, BERG shall be entitled to remove or reject any content or communications and remove or suspend your ability to access, upload, submit, transmit, post or otherwise place content or communications on the Publication or through the Service for any reason.

You agree that BERG may use, publish, edit, modify and adapt your content, comments and communications for any and all purposes relating to the Service and the business of BERG including the promotion of the Service and you hereby grant it an unrestricted non-exclusive licence to do so and waive all so called moral rights in your communications.

Our Responsibility

BERG is based in the UK market and we cannot guarantee that the Services accords with local laws of other countries.

We will not be responsible for your wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

If you use the Service in breach of these terms and conditions you will be responsible and liable for that breach and will reimburse us for any loss that you cause to us as a result.

We make no promise that the Service or its use will be uninterrupted or entirely error free. Because of the nature of the Internet, the Service is provided on an “as is” and “as available” basis. We are not responsible or liable to you if you are unable to access the Service for any reason.

We will use reasonable efforts to provide our service with reasonable skill and care.

Use of the Service and its contents is entirely at your sole risk. The Service and its contents and any subscription by Users to the Publication are all without any representation, endorsement, or warranty of any kind whatsoever from BERG. For the avoidance of doubt, you have relied upon no representations, endorsements, or warranties either express or implied, made by BERG in using the Service and BERG shall have no liability in relation to any such representation unless made fraudulently.

BERG may provide a mechanism whereby Publications and Little Printer Publishers can be reviewed and reported on by Users (“Feedback”). Such Feedback will be generated by Users and you hereby agree that BERG is not responsible for the content of any Feedback.

This Service and all materials and services contained or made available in or through it are included and made available solely for the personal use of Users and Little Printer Publishers and is subject to the relevant terms for each party.

BERG is not involved in and gives no warranties or representations in connection with the nature, type and/or quality of Publications. All Feedback is provided by Users and is the personal opinion of such User or Users. All descriptions and details of Publications are provided by Little Printer Publishers and BERG gives no warranties or representation in respect of such.

Subject as aforesaid to the maximum extent permitted by law, BERG excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to BERG and BERG shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • any incorrect or inaccurate information on the Service;
  • any interruptions to or delays in updating the Service;
  • any product or service or Publication description or guidance available on the Service and any representations made by Little Printer Publishers in connection with such description or guidance or otherwise;
  • the infringement by any person of any intellectual property rights or other rights of any third party caused by their use of the Service;
  • any loss or damage resulting from your use or the inability to use the Service or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control;
  • any amount or kind of loss or damage due to viruses or other malicious software that may infect any person accessing the Service’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or from transmissions via emails or attachments received from BERG, it’s licensees or affiliates or Little Printer Publishers;
  • the availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties (”External Sites”) to which the Service links and web sites located on or through any External Site nor for any transactions involving External Sites (including as to ‘cookies’, personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
  • all representations, warranties, conditions and other terms which but for these notices would have effect;
  • any acts or omissions by you;
  • any acts of omissions by Users.

BERG Assistance and Produced Publications

In the event that you request and BERG accepts to build, host or otherwise assist in the production and delivery of your Content you hereby agree that the terms contained herein apply and that BERG will not be liable for any failure to deliver the Content.

Copyright and Trade Marks

BERG does not give you any right or interest in any copyright or other intellectual property rights in the Service or any product or materials made available, advertised, marketed or sold through the Service nor the right to use or copy them.

The copyright and related rights in the Service and the content of all the underlying or related software, materials and pages relating to the Service is owned by, or licensed to BERG, unless otherwise specified and may not be used, copied or altered without our express consent.

Copyright extends to the design, look and feel of the Service, all text, html code, metadata, and photographs on it and its related marketing materials.

BERG and our logos are trade names or trade marks of BERG and may not be used by anyone else without our express permission.

BERG does not make any warranty or representation in respect of any other trade mark nor that the trade marks of the products, services and used in connection with any Publication featured on the Service.

You are responsible for any use of any trade mark or intellectual property rights used in connection with your promotion of your Publication through the Service.

BERG Privacy and Data Policy

BERG and associated companies make a commitment to protecting your privacy and promises only to use information collected about you in accordance with the Data Protection Act 1998 and the European Directive on Privacy and Electronic Communications (2002/58/EC).

When you create a Little Printer Publisher account or list or advertise your Publication we may ask you for certain information and you may submit personal data to BERG and associated companies (for example your name, phone number, postal address, email address, contact and bank / credit card details). We will also record which Publications, products, services, other Little Printer Publishers or sections of the Service you are interested in or have viewed as well as customer traffic patterns and site use. This information will be kept securely in accordance with our internal security policy and may be used to:

(a) Process any application to set up an Publication;

(b) Provide you with an up to date, efficient, and reliable service;

(c) Open and run your account.

By creating an account on the Service or by registering for further information and submitting your data you agree to this use.

We will never collect sensitive information about you without your explicit consent. An example of sensitive information would be your religion or a medical condition.

From time to time we also monitor and record telephone calls for training purposes and to improve the service to you.

Marketing Communications

BERG gives Users a choice whether or not they want you to contact them about Publications, products, services or related matters that they may find useful. BERG will endeavour to obtain such consent from Users but you acknowledge that BERG is under no obligation to obtain this consent.

BERG also gives you a choice whether or not you want BERG or others to contact you about Publications, products, services or related matters that you may find useful. BERG won’t sell or trade personal information to other companies but BERG would like to keep you informed of the developments on the Service and certain content and BERG would like to share data with other reputable companies including potentially other Little Printer Publishers who may have interesting offers and information for you (inside or outside the EU).

BERG will not send you any marketing emails or pass your information on to third parties unless you give your consent or you have given it already.

Cookies

We use ‘cookies’ on our site. Cookies are a way that information such as whether you have visited our site before is recorded on your computer and used by us to improve our site and the services available to you. If you do not wish for us to use cookies when you use our site please adjust your Internet browser settings to not accept cookies. Your computer’s help file should tell you how to do this but please note that this may affect your ability to use our the Service.

Please note that if you use a third party service to authorise your account this third party may use cookies over which BERG does not have control. You should review your browser settings to ensure that you are aware of which cookies can be placed on your computer.
If you don’t disable cookies our site will ask for and store details including your name and email address and may automatically insert certain information on the subscription or Communications forms so that you can use our site with less form filling.

When using our site the following cookies will be set for caching and performance purposes only:

Cookie Name Purpose
Caching X-mapping Allows us to optimise performance of the website
Caching __utma, __utmb, __utmc, __utmz Allows us to optimise performance of the website

Cookies from other providers

The BERG Cloud shop website uses Shopify, and details of the cookies required for the shop are detailed on Shopify’s site here: http://www.shopify.com/technology/6096022-update-new-cookie-laws-from-information-commissioners-office-ico-in-the-uk
We also employ sharing widgets and tracking cookies from the following sites, which each have their own privacy & cookie policies as outlined below.

Facebook: https://www.facebook.com/help/cookies/
Twitter: https://twitter.com/privacy/
Google Plus: http://www.google.co.uk/intl/en/policies/privacy/
Google Analytics: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies.

To opt out of being tracked by advertising providers you can access a general opt out at http://www.networkadvertising.org/managing/opt_out.aspMost web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org

Your Privacy

In accordance with the Data Protection Act 1998, BERG is registered with the Information Commissioner – registration number Z3284735.

If you believe BERG has information about you that you do not want BERG to have or that is incorrect, please contact BERG as described below and BERG shall correct or remove the data as you request as soon as is reasonably practicable.

If you have any other concerns over privacy, this privacy policy or this Service please contact BERG as described below.

General

By using the Service you represent and warrant that you are not a “minor” acting without the consent and supervision of a parent or legal guardian and that you have the capacity to understand, agree to and comply with these terms and conditions.

BERG acts as principal on its own account and not as agent for you or any other person.

In the event that any part of these terms is held to be unenforceable, such part will at BERG’ option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.

These terms constitute the full agreement between you and BERG and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.

Nothing in these terms and conditions shall affect your statutory rights as a consumer.

Use of the Service and these terms and conditions are subject to the laws of England and the jurisdiction of the English Courts.

Reaching Us

You can contact us at info@bergcloud.com