Our Service is an online entertainment and publishing operated by Berg Limited (“we, us or our”).
TERMS AND CONDITIONS
These terms and conditions apply to all and any use, access and availability of Our Service.
In these terms and conditions:
“Our Service” means the online entertainment, publishing and information service and related website available at or using bergcloud.com or using a Little Printer together with the related Communications, software programs, services and materials.
“Communications” means any content, materials, postings, data, messages and communications sent, posted or made to or otherwise communicated to us or through us using Our Service including by other Users of Our Service.
By using Our Service you are telling us that you understand, accept and are able to accept these terms and conditions and agree to be bound by these terms and conditions. If you do not accept or understand these terms and conditions you should not use or access Our Service.
If you are under the age of 18 years and do not understand these terms and conditions please ask a parent or guardian to explain their meaning to you. In any case you must be over the age of 13 years in order use Our Service.
We may make alterations to these terms and conditions from time to time and these variations shall apply to you immediately upon being accessible from bergcloud.com/terms-and-conditions
REGISTRATION, ACCOUNT AND PASSWORD
You need to register an account in order to use certain features of Our Service, including registering certain Login Details (which may include a user name and your email address) and setting up a Password.
The Login Details and Password chosen by and issued to you are personal to you so that you can use and access Our Service and must not be disclosed to any person without our prior written consent.
You agree, accept and understand that:
- you must ensure that all information held about you by us is up to date and that you can amend your registration details at any time through Our Service;
- you are responsible for keeping your Login Details and Password and any other information specific to you confidential;
- you are solely liable for any use of Our Service using your Login Details and Password whatsoever.
DO NOT SHARE YOUR PASSWORD OR ANY OTHER CONFIDENTIAL LOGIN DETAILS WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR LOGIN DETAILS PASSWORD OR ACCOUNT OR ANY USE BY ANY THIRD PARTY. IF YOU THINK YOUR LOGIN DETAILS, PASSWORD, OR ACCOUNT HAVE BEEN COMPROMISED YOU MUST INFORM US IMMEDIATELY.
RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
Subject to these terms and conditions you may use Our Service solely for your private, non-commercial, personal use only.
You may not transfer, sub license or deal in this right without our prior written permission.
By “Intellectual Property Rights” what we mean is all ownership rights and interests in copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications thereof and other like right.
Unless otherwise expressly mentioned, all Intellectual Property Rights in Our Service belong to us, or are licensed to us.
You may use Our Service to put together the publications and material for your Little Printer (“Publication”). The Publication will contain publications and material provided by third parties and from BERG and will include, without limitation, the publications you subscribe to, headers, footers, direct messages and face updates. Because your Publication will be made up of third party material you will not own the Intellectual Property Rights in your Publication but have a licence to download it to your Little Printer, print it off and use it for your own personal use only.
All Intellectual Property Rights are hereby asserted and reserved.
All third party trade names and trade marks are the property of their respective owners including the Communications Providers and we make no warranty or representation in relation to them.
These terms and conditions and the rights granted by them do not give you any title or rights of ownership in Our Service or any third party Communications and should not be deemed a sale or transfer of any copyright or other right.
Our Service is an entertainment and information service and ancillary to this we are involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content – for which we are a mere conduit.
The Communications which make up the third party material in your Publication are not controlled by us and are from third parties over whom we have no control. We are not responsible and accept no liability for any third party Communications provided or made available through Our Service, or the Little Printer by the Communications Providers or the privacy practices of their websites or other services offered by them.
Please note that the Little Printer allows the sending of messages from other Users to your Little Printer. We are not responsible for the content of these messages.
The views expressed in any Communications are the views of the authors and their respective companies and not our views unless specified otherwise by us.
By using Our Service you acknowledge that we have no responsibility to review the content of any Communications and that all Communications are made available on the basis that we are not required to and do not exercise any control or judgement of their content.
Notwithstanding the foregoing we shall be entitled to remove or reject any Communications or remove any Third Party Communications Provider and remove or suspend your ability to make or access Communications Third Party Communications.
You agree that we may use, publish, edit, modify and adapt your Communications for any and all purposes relating to Our Service and our business and you hereby grant us an unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for us to use your Communications in that way.
You agree and undertake that you will not make any Communication or post to or transmit to Our Service any statement or material, nor use Our Service in any way, 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 right 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, immoral, inappropriate, defamatory, discriminatory or obscene;
- interferes with another user’s use and enjoyment of Our Service;
- impersonates any moderator, administrator or any staff or other persons connected with us;
- infringes upon or violates any third party’s rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person’s name, e-mail address, physical address or phone number, and/or rights of publicity;
- includes restricted / password protected content or materials;
- exploits any other person;
- solicits passwords or personal information;
- contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- 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.
If you discover any material which you believe contravenes these terms and conditions please inform us with details of the page you found it on.
It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. We have no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site. By using Our Service and its services you accept that this is the case and accept that you therefore use Our Service at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
You acknowledge and agree that, if necessary, we will communicate with you via the email address you have provided to us. Notices that are applicable to all our customers shall be made available on Our Service websites or otherwise within Our Service. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on our websites or within the Service.
All emails sent by us and attachments thereto are intended for the addressee only.
RESTRICTIONS AND OBLIGATIONS
You agree to comply with these terms and conditions and all rules applicable to the use of Our Service.
Therefore you agree not to:
- hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of Our Service;
- use or deal in Our Service except as permitted by these terms and conditions;
- include contact details intended to enable communication outside of Our Service, in any Communication;
- use your access to Our Service, or information gathered from it, for the sending of unsolicited bulk email;
- make any commercial use of Our Service without our prior written permission;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to Our Service without our prior written permission;
- make Our Service or any part of it available to any third party;
- display, publish, copy, print, post or otherwise use Our Service and the information contained therein for the benefit of any third party or web site;
- use or process Our Service or any part of it unfairly or for any illegal or immoral purpose;
- delete or obscure any copyright or other proprietary notice on Our Service.
We provide and maintain Our Service for personal entertainment on an “as is” basis and are liable only to provide its services with reasonable skill and care.
External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which Our Service links.
We give no other warranty in connection with Our Service and to the maximum extent permitted by law, we exclude liability for:
- any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which we have been made aware of;
- the accuracy, currency or validity of information and material contained within any Communications or Our Service;
- any interruptions to or delays in updating Our Service;
- any incorrect or inaccurate information on Our Service;
- the infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of Our Service;
- the availability, quality, content or nature of External Sites;
- any transaction involving External Sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading Our Service, or any Communication;
- all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
We do not warrant that the operation of Our Service will be uninterrupted or error free.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
Without limiting to any other rights we may remove, restrict, cancel or suspend access to and use of Our Service and any part of it, if we consider (in our sole discretion) that you have breached of any of these terms and conditions.
POLICY ON PRIVACY, DATA, COOKIES AND MARKETING COMMUNICATIONS
We may ask you for certain information and you may submit personal data to Our Service (such as your name, email address and contact details) when you subscribe or sign up to Our Service.
We may also record which parts of Our Service and services you are interested in as well as user traffic patterns and site use. This information will be kept securely in accordance with an internal security policy and may be used to:
(a) process your Communications, your subscription to Our Service and to enable your use of Our Service and associated services;
(b) open and run your account and provide you with an up to date, efficient and reliable service;
(c) generally run Our Service.
By subscribing and submitting your data you agree to this use.
We will only use information collected about you in accordance with the Data Protection Act 1998.
We will never collect sensitive information about you without your explicit consent.
If you believe we have information about you that you do not want us to have or that is incorrect please contact us as described below and we shall correct or remove the data as you request as soon as reasonably practicable.
We give you a choice of whether or not you want us or other reputable companies to contact you about future offers, events and new services or related activities that you may find useful. We will not sell or trade personal information to other companies but we would like to keep you informed of the developments on Our Service and certain games and we would like to share data with other reputable companies who may have interesting offers and information for you (inside or outside the EU).
We 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.
If you don’t disable cookies Our Service 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 Service with less form filling.
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
You may delete and block all cookies from our site, but parts of it may not work
When using our site the following cookies will be set for caching and performance purposes only:
|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.
Google Plus: http://www.google.co.uk/intl/en/policies/privacy/
Google Analytics: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies.
Most 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
To opt out of being tracked by advertising providers you can access a general opt out at http://www.networkadvertising.org/managing/opt_out.asp
These terms and conditions are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit our liability for death or personal injury resulting from neither our negligence nor any fraudulent representation.
All questions, comments or enquiries should be directed by email to firstname.lastname@example.org or by post to Berg Limited at 5th Floor, Epworth House, 25 City Road, London, EC1Y 1AA, UK.
These terms and conditions constitute the entire agreement between you and us and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.
Use of the word “including” in these terms and conditions means including without limitation.
Failure to enforce any of these terms and conditions will not be deemed a waiver of any term or right.
If any part of these terms and conditions is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
Our Service is intended for and directed at the United Kingdom and no representation or warranty is made as to whether Our Service complies with the regulatory regime and local laws of any other country.
Use of Our Service and these terms and conditions are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
Berg Limited registered company number: 05467952 in England & Wales.
Registered company address: Trojan House, 34 Arcadia Avenue, London N3 2JU, England, UK.
All questions, comments or enquiries should be directed by email to email@example.com or by post to BERG Cloud at Berg Limited, 5th Floor, Epworth House, 25 City Road, London, EC1Y 1AA, UK.