User Responsibilities and Restrictions. The information provided on the Website is made available only for your personal, non-commercial use. By using the Website, including the Bernat blog, in any manner, you agree not to:
-post any content that is unlawful, harmful, fraudulent, inaccurate, threatening, libelous, slanderous, abusive, harassing, obscene, profane, vulgar, sexually offensive, hate speech or racially, ethnically or ethically objectionable;
-post any content that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, provincial, national, or international law;
- post any content that violates any third party rights, including third party intellectual property rights (including copyright) or privacy rights;
- post any content for commercial purposes, including advertising, promotions, junk mail or spam;
- post any content or comments relating to our competitors or competitors’ products;
- commit or permit any reverse engineering, reverse assembling, disassembling, reverse compiling, or decompiling, or any attempt to derive source code from, any prototypes, hardware, software, or other tangible objects on the Website and/or the web server(s) hosting the Website or other websites owned by us;
- frame, mirror, scrape or data-mine the Website or any of its content in any form or by any means;
- post, upload or otherwise transmit through the Website any viruses or other harmful, disruptive or destructive files; and/or
- not to collect data, including individuals’ personal information, from the Website for unsolicited marketing purposes or other commercial purposes.
Intellectual Property. User may not violate the intellectual property rights of any third party, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. By providing, posting, uploading, inputting or submitting materials, content, blogs, comments, postings, messages, feedback, ideas, stories, photographs, diagrams, patterns, data or other information (the “Submissions”) on the Website, you warrant and represent that you own or otherwise control all of the rights in and to the Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions on the Website. Furthermore, you hereby grant to Bernat a non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display and otherwise use the Submissions, in whole or in part, worldwide in all manner and media whether now known or later developed. You shall provide waivers in favor of Bernat with respect to any and all moral rights in the Submissions held by any individuals who may be authors of such Submissions. You also hereby authorize any other user of the Website to copy, access, display, view, store and reproduce your Submissions for personal use. All material on the Website is the proprietary property of Bernat, its affiliates or its licensors. All rights not expressly granted to you are reserved. The Website and any content on the Website may not be reproduced, modified, copied, republished, distributed, transmitted, displayed, framed, downloaded or sold in any form or by any means, in whole or in part, without Bernat’s prior written consent.
Personal Information and Privacy.
Links to Third Party Sites. The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Bernat and Bernat is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The inclusion on the Website of a link to a Linked Site does not imply endorsement by Bernat of the Linked Site or any association with its operators.
No Warranties. The Website and all Website content is provided by Bernat or other users on an “as is” and “as available” basis only and without warranties of any kind either express or implied. To the maximum extent permissible under the law, Bernat disclaims all representations, warranties and conditions, express or implied, including but not limited to implied warranties and conditions of merchantability, merchantable quality and fitness for a particular purpose, title, non-infringement or proprietary rights, and implied warranties and conditions arising from the course of dealing or course of performance. Bernat does not warrant that the Website or any Website content will be uninterrupted or error-free, that defects will be corrected or that the Website or the web server hosting the Website will be free of viruses or other harmful components.
Limitation of Liability. You agree that Bernat, its licensors and their respective affiliates shall not be liable to you or any other party for any damages of any kind arising from your use of the Website, any Linked Sites or your reliance on any Website content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages, and includes loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Bernat is expressly advised of the possibility of such damages.
Indemnity. You agree to defend, indemnify and hold harmless Bernat, its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of the Terms or your violation of any law or the rights of any third party and/or arising out of or in connection with any of your Submissions. Bernat reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Bernat.
Monitoring Usage. Bernat, in its sole discretion, reserves the right to review, edit and/or remove any Submissions displayed or placed on the Website and/or the web server(s) hosting the Website and other websites owned by us. Misuse of the Website may result in civil and/or criminal liability. Bernat may immediately terminate the access of any User who misuses the Website or violates the Terms.
General. Access to the Website is not permitted where prohibited by law. If you choose to access and/or use the Website, you do so on your own initiative and are responsible for compliance with these Terms and all applicable laws.
These Terms and your use of the Website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under the Terms shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. If any provision of the Terms shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.