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BERLINGUER & its web service
Copyright/Disclaimer Clauses/Terms and
Conditions of Usage
Introductory Blurb
These
are the terms and conditions of service of the www.berlinguer.com website, which is
fully owned and operated by Berlinguer Ltd. These terms contain important
information about your position under applicable law and regulations when using
this site. Please read these terms carefully. By accessing this site you agree
to be bound by these terms, as amended from time to time, regardless of whether
you are registered as a user. It is your responsibility to understand and
accept these terms. If you have any queries about these terms and conditions,
please email: webpublisher@berlinguer.com
This
site, www.berlinguer.com is owned and
operated by Berlinguer Ltd. From time to time this website, in whole or part,
may be supported by sponsor organisations and advertisers and their names
appear on the website and whose websites may be accessible by internet links
from this website. Some areas of the site are available to registered users
only or visitors who have gone through the registration process.
All
users of the site are expected to have read and understood the terms and
conditions of usage of the site and the privacy terms attached to any
registration process. Berlinguer clearly signposts the terms and conditions of
usage on various pages in the website and also clearly signposts the privacy
terms and conditions and will not accept any claims from visitors to or users
of the site that they have no knowledge or clear understanding of the terms and
conditions set out here.
1.
Terms and Conditions of Copyright
Berlinguer Ltd's website is made up of various Berlinguer products, operated by Berlinguer
Ltd. All intellectual and pictorial content in www.berlinguer.com , and its component
products, is the property of Berlinguer Ltd, and including all companies
forming part of the Berlinguer Limited - Berlinguer, Registered Office: 4-14
Tabernacle Street, London EC2A 4LU - and except as indicated the Berlinguer
Limited owns all copyright and similar rights in the contents of the service.
All rights in the content are reserved. All trade marks, logos and brands
displayed on this website are either owned or used under licence Berlinguer
Limited and must not be reproduced without its consent.
Unauthorised photocopying is illegal. The contents of this service, either in whole or
part, may not be reproduced, stored in a data retrieval system or transmitted
in any form or by any means, electronic, mechanical, photocopy, recording or
otherwise, without the written permission of the publishers. Action will be
taken against companies or individual persons who ignore this warning. Some of
the information set forth in www.berlinguer.com
is obtained from third parties or sources that we believe to be reliable, but
it is not guaranteed.
Subscriptions
to the whole or part of the www.berlinguer.com
service are non-refundable after the subscription commencement date.
2.
Disclaimer
No data or statement in the whole or component parts of www.berlinguer.com is or should be
construed to be a recommendation for the purchase, retention, or sale of the
securities referred to herein and Berlinguer Ltd accepts no liabilities for the
consequences of your reliance on this data. The value of investments and the
income derived from them may fall as well as rise.
Opinions
expressed by authors of articles contained in www.berlinguer.com
and its component parts, do not necessarily agree with those held by the Owners,
Directors, Managers, Editors and/or Publishers who disclaim any intent to make
securities or securities markets recommendations or any recommendations about
investments, or any comments on companies, company boards, subsidiaries of
companies or joint ventures which may affect investment decisions by them or by
third parties. Equally, any advice or commentary received via the website,
which is either sourced directly from Berlinguer Ltd or via a third party, or
information provided by a third party via the Berlinguer Ltd web and print
services, should not be relied upon for personal, medical, legal or financial
decisions and gain.
The information, software, products and services included in or available through www.berlinguer.com and its component
products may include inaccuracies or typographical errors. Changes are
periodically made to the service and to the information contained therein. Berlinguer
Ltd accepts no liability if as a result of errors in production or transmission
accidentally change the sense or purpose of the articles, editorial content,
news stories, database, terms and conditions of use, or explanatory content in
any of the sections with the overall on-line www.berlinguer.com
product offering. Berlinguer Ltd also accepts no responsibility for the
consequences of any action undertaken by a user of the whole or part of the
service as a result of errors in the transmission of the service or the content
of the service at any time.
From time to time, Berlinguer Ltd and its respective suppliers may make improvements
and/or changes in the service, at any time and without prior notice to its customers.
Berlinguer
Ltd and its respective suppliers make no representations about the suitability,
reliability, availability, timeliness, lack of viruses or other harmful
components and accuracy of the information, software, products, services,
advertising and related graphics contained with its services for any purpose.
All such information, software, products, advertising, services and related
graphics are provided 'as is' without warranty of any kind. Berlinguer Ltd and
its suppliers hereby disclaim all warranties and conditions with regard to this
information, software products, services and related graphics, including all
implied warranties and conditions of merchantability, fitness for a particular
purpose, workmanlike effort, title and non-infringement.
In
no event shall Berlinguer Ltd and its suppliers be liable for any direct,
indirect, punitive, incidental, special, consequential damages, or any damages
whatsoever including, without limitation, damages for loss of use, data or
profits, arising out of or in any way connected with the use or performance of
the service, with the delay or inability to use the service or related
services, the provision of, or failure to provide services, or for any
information, software, products, services and related graphics obtained through
the service, or otherwise arising out of the use of the service, whether based
on tort, negligence, strict liability or otherwise, even if Berlinguer Ltd (or
its suppliers) has been advised of the possibility of damages.
Berlinguer
Ltd accepts no liability for the use of intellectual, editorial and data
content sourced from the whole or part of www.berlinguer.com
for use in company or conference presentations; and disassociates itself from
any comments made in company or conference presentations using information from
the whole or part of www.berlinguer.com,
particularly if any investment, sale or buying decision results.
If
you are dissatisfied with any portion of Berlinguer Ltd's website and component
products, or with any of the terms and conditions of use delineated below, your
sole and exclusive remedy will be to discontinue using the site or the
component of the site to which you subscribe or access.
3.
Terms and Conditions for Subscribers and Triallists
(a) Acceptance
of Terms and Conditions
Under
the Berlinguer new subscriber and registration policy by entering a password
and logging on to the service you will be deemed to accept and be bound by the
terms and conditions outlined here and any other terms and conditions contained
within the service contract which has been negotiated between you and the Berlinguer
Ltd. The terms and conditions outlined here and in your subscription or registration
agreement [and the terms of the Berlinguer privacy policy] will apply during
the entire period of your personal, or your organisation's evaluation of the
service (trial period) and during the entire period defined by your formal
subscription agreement or registration with Berlinguer.
All
other privacy rights and Berlinguer's Data Protection policy is outlined in the
company's privacy statement, which is accessible via this website.
In
the event than any of the terms, conditions, and notices contained herein
conflict with the additional terms or other terms and guidelines associated
with a current or future subscription or service contract to any component of
the www.berlinguer.com service then
the additional or other terms shall control in addition to the terms outlined
here. Additionally, the individual web sites contained within the www.berlinguer.com may have conduct or
guideline specifications that govern the use of those sites including, without
limitation, streaming video features, company presentations, chat-rooms, and
conference presentation
Berlinguer
Ltd reserves the right to change the terms and conditions under which the www.berlinguer.com site and its component
products is offered, included but not limited to the charges associated with
the use of the services. You are responsible for regularly reviewing these
terms and conditions and any additional terms posted on any component website.
Your continued use of the whole or part of the www.berlinguer.com online service, and
its components, constitutes your agreement to all such terms and conditions.
In
these terms and conditions, references to 'you' mean the subscriber
organisation or trialling organisation, either as individual subscribers or
triallists; or as group subscribers or triallists. A triallist or subscriber
is defined as an individual to whom a User ID and password is issued by Berlinguer
Ltd. A reference to 'us' refers only to Berlinguer Ltd.
(b) Service
www.berlinguer.com is made up of various
product sites operated by the Berlinguer Ltd. The 'Service' is the Internet
service known as www.berlinguer.com,
consisting of news, data, analysis and other relevant industry related content.
Content in the service is sourced from a number of Berlinguer Ltd products,
articles and features from professional contributors and also includes an
historical archive dating back to July 2003.
You
agree that when using www.berlinguer.com
or its component products you will not
- Use
the service in connection with surveys undertaken by competitors of Berlinguer
Ltd.
- Use
any material or information, including images or photographs, which are made
available through the website in any manner that infringes the copyright,
trademark, patent or other proprietary rights held by Berlinguer Ltd, unless
you own or control the rights thereto or have received all necessary consents
to do so.
- Download
any files that cannot be legally distributed outside of the website
- Falsify
or delete any author contributions or attributions, legal or other proper
notices.
- Violate
any applicable laws or regulations
- Violate
any code of conduct or other guidelines that are set out in this document, or
in the subscription contract.
- Create
a false identity for the purpose of misleading others.
- Use,
without prior authorisation from Berlinguer Ltd, any or all parts of the
intellectual and editorial content, or data contained in the whole or component
part of the service, substantial portions of editorial content or data.
(e) Member
Account, Password and Security
If
a particular product within www.berlinguer.com,
or any product or service offered on any Berlinguer website, requires you to
open an account, you must complete the appropriate registration process. This
registration process can be completed either through an official written
contract or by other mutually agreed means, by providing us with current
complete and accurate information as prompted by the applicable registration
form. You will then choose a password and a user name. You are entirely
responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur
under your account.
As
a subscriber, you agree to notify the Berlinguer Ltd immediately of any
unauthorised use of your account or any other breach of security. Berlinguer
Ltd will not be liable for any loss that your may incur as a result of someone
else using your password or account, either with or without your consent or
knowledge. However, Berlinguer Ltd does reserve the right to hold you liable
for any losses incurred by the Berlinguer Ltd or another third party due to
someone else using your account or password.
Your
user ID and password is for your own personal uses and should not be disclosed
to anyone else without prior written agreement by an appropriate representative
of the Berlinguer Ltd.
(f)
Personal and non-commercial use limitation
Unless
otherwise specified in your individual subscription contract the use of this
service and any of its content is for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, licence, create derivative works from, transfer, or sell any
information, software or services obtained from this site without the advance,
express permission of Berlinguer Ltd.
(g)
Unlawful or prohibited use
As
a condition of your use of the www.berlinguer.com
site, or its component parts, you will not use the website for any unlawful
purposes or for purposes expressly prohibited by these terms and conditions and
notices. You may not use the www.berlinguer.com website or its component parts
in any manner that could damage, disable, overburden, or impair any or all
parts of the website, or the networks connected to the website, or interfere
with any party's use of the website. You may not attempt to gain unauthorised
use or access to the www.berlinguer.com
website, through hacking, password mining or any other means. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available by Berlinguer Ltd.
(h)
Links to Third Party Sites
The
www.berlinguer.com service may contain links to third party web sites. These
third party sites are not under the control of Berlinguer Ltd and Berlinguer
Ltd is not responsible for the contents of any such site including, without
limitation, any link contained therein.
Berlinguer
Ltd is providing these links to you only as a convenience and as an addition to
the subscription service, and the inclusion of any link does not imply
endorsement by Berlinguer Ltd or any association with its operators. You are
responsible for viewing and abiding by the privacy statements and terms of use
posted on those sites.
Any
dealings with third parties - including Advertisers - included within the www.berlinguer.com site, or participation
in any promotions, including the delivery and the payment of goods and
services, and any other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between you and the
other third party or advertiser. Berlinguer Ltd shall not be liable or
responsible for any part of any such dealings or promotions; and accepts no
liability for any purchasing decisions made as a result of the inclusion of the
third party within the www.berlinguer.com
service.
(i)
Software
and content available through the website
All
content and software (if any) that is made available to view and/or download in
connection with the www.berlinguer.com
website, now and in the future, including content and/or software that may be
made available to users through a specific service or subscription contract, is
owned by and is the copyrighted work of Berlinguer Ltd and its suppliers and is
protected by copyright laws and international treaty provisions. Your use of
the software is governed by the terms of this agreement and any subscription or
service agreement.
Any
software that you download from the www.berlinguer.com
website is used at your own risk. The Berlinguer Ltd excludes all express or
implied warranties concerning such software.
Berlinguer
Ltd reserves the right to include technological measures within the service to
protect the content or, from time to time, to measure and audit usage of the
whole or part of the www.berlinguer.com
web service. You may not remove or alter such measures. Berlinguer Ltd will
introduce these measures at its own discretion and without prior notice to
subscribers and users of the service.
(j)
Liability
In
no circumstance, including but not limited to negligence, shall Berlinguer Ltd
be liable to any party for any direct, incidental, special, consequential,
indirect or punitive damages, nor any loss of profit or business that results
from the use of, or the inability to use, the content or the service, even if
the Berlinguer Ltd, or a Berlinguer Ltd representative has been advised of the
possibility of such damage.
(k)
Site availability
To
the extent permissible by law, Berlinguer Ltd does not warrant that access to
the service will be available at all times, or that the service or the server
that makes it available are free of viruses or other harmful components. You and
not the Berlinguer Ltd assume the entire cost of all necessary servicing,
repair or corrections to your hardware, software or information, whether or not
caused by any such virus or component.
(l)
No warranty
To
the extent permissible by law the service and its content are provided without
warranty of any kind, whether express or implied, including but not limited to
any implied warranty of satisfactory quality or fitness for any particular
purpose, or of non-infringement of any third party's proprietary rights. While
the Berlinguer Ltd endeavours to keep the content accurate and up to date, the
content is provided 'as is' without any warranty of any kind. Any content
identified as provided by a third party if made available to us in good faith,
but we accept no responsibility for the currency or accuracy of such content.
(m)
Termination/Access Restriction
Berlinguer
Ltd reserves the right, in its sole discretion, to terminate your access to any
or all parts of the www.berlinguer.com
web-service and any or all related services provided by the Berlinguer Ltd or
any portion thereof at any time, without notice.
Berlinguer
Ltd may also terminate or suspend your access to the website for inactivity,
which is defined as failing to log into a particular service for an extended
period of time, as determined by the Berlinguer Ltd.
(n)
General
These
terms and conditions are pertinent to you and your organisation and may not be
assigned to any other party. Berlinguer Ltd reserves the right to add or vary
these terms and conditions at any time. English law and United States and the
general conventions of International law will govern these terms and
conditions.
PLEASE
READ THIS STATEMENT CAREFULLY
SHOULD
YOU NOT WISH TO BE BOUND OR ABIDE BY THESE TERMS AND CONDITIONS, THEN LEAVE
THIS SITE IMMEDIATELY. ANY ACCESS OF THE SERVICE BY YOU SHALL BE DEEMED TO BE
AN ACCEPTANCE OF THE TERMS AND CONDITIONS OUTLINED HERE.
Berlinguer Ltd, 4-14 Tabernacle Street, London EC2A 4LU.
Phone: 020 7074 0008 Email: webpublisher@berlinger.com
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