Welcome to berggivideo.com. Your use of the BerggiVideo services, website and software provided through or in connection with the service ("Service") and viewing of the content available on or through the Service, is subject to this Terms of Use Agreement ("Agreement") and the current Berggi Privacy Policy which is incorporated herein by reference. Each time you use the Service, you agree to be bound by the following Agreement and the Privacy Policy. If you do not agree to any of the terms, then you must immediately discontinue your use of the Service.
A. BerggiVideo hereby grants you permission to use the Service as set forth in this Agreement, provided that: (i) your use of the Service as permitted is solely for your personal, noncommercial use; provided however, that BerggiVideo may grant users a license for commercial use under a separate agreement; (ii) you will not copy or distribute any part of the Service in any medium without BerggiVideo prior written authorization; (iii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of this Agreement, BerggiVideo privacy policy and any third party Content owner's terms and conditions, privacy policies, or other restrictions on use of Content.
B. In order to access features of the Service, you will have to provide your valid mobile number. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify BerggiVideo immediately of any breach of security or unauthorized use of your account. Although BerggiVideo will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of BerggiVideo or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the BerggiVideo servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BerggiVideo grants the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BerggiVideo reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Service with respect to their User Submissions.
D. BerggiVideo may permanently or temporarily terminate, suspend, or otherwise refuse to permit User's access to the Service without notice and liability, if, in BerggiVideo sole determination, User violates any of the Agreement, including the following prohibited actions; (i) attempts to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) takes any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploads invalid data, viruses, worms, or other software agents through the Service; (iv) impersonate another person or otherwise misrepresent User's affiliation with a person or entity, conduct fraud, hide or attempt to hide User's identity; (v) interferes with the proper working of the Service; or, (vi) bypasses the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, User continues to be bound by this Agreement.
E. Certain portions of the Service may allow Users to upload and share User Submissions with each other and with other third parties. You will be responsible for establishing your usage preferences, including accessibility to your User Submissions, ("Usage Preferences") with respect to all User Submissions, and BerggiVideo will use its commercially reasonable efforts to accommodate such Usage Preferences. However, BerggiVideo does not guarantee that any such Usage Preferences will always be applied, or that your User Submissions will be kept secure. BerggiVideo takes no responsibility and assumes no liability for any User Submissions that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Submissions that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility.
If you want BerggiVideo to remove your User Submissions from the Service, please delete it as specified in the Service. However, we cannot guarantee that your User Submissions will be completely removed from all User devices or from their web pages, nor that other Users will not misuse any content that you supply. In addition the other Users may have already copies and forwarded your User Submissions to others, making recovery impossible. BerggiVideo is not responsible for any public display or misuse of your User Submissions.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Content"), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of BerggiVideo and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service; provided however, that Users may embed their own Channel web pages in their home pages or blog pages. Use of the Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, ("Intellectual Property Rights") means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Content is or may be protected under United States and worldwide copyrights or other Intellectual Property Rights which are owned or licensed, in whole or in part, by us. Content may not be manipulated, edited, reproduced, performed, republished, posted, transmitted, sold, transferred or otherwise distributed, exploited in any manner whatsoever, or used on any other service, website or other networked computer environment without our prior written consent or as provided for in the restrictions applicable to the relevant User Submission. If you download, print, or otherwise reproduce a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify BerggiVideo copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying BerggiVideo and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with BerggiVideo rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. By your use of the Service, you affirm that you are either are at least 18 years of age, or an emancipated minor, or posses legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
b. You have the written consent of each and every identifiable natural person in the User Submission to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
c. The User Submission and BerggiVideo use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
d. You are not, nor is any other person who appears in your User Submission, a current member of the Screen Actors' Guild ("SAG") or of the American Federation of Television and Radio Actors ("AFTRA").
BerggiVideo does not endorse any User Submission or the views, opinion, recommendation or advice expressed therein. BerggiVideo does not review, nor is it responsible for any User Submission content or the accuracy, usefulness or safety thereof, no matter the source. BerggiVideo is not obligated to review the User Submissions for any reason. You may be exposed to User Submissions that are inaccurate, offensive, indecent, objectionable, infringing, and you hereby agree to waive any legal rights and remedies you may have against BerggiVideo.
We may use your information to notify you of important changes to the Service, new services, and special offers. If you do not want to receive such notices, you may send an email message to bvsupport@berggi-inc.com with the word "Opt Out" in the subject field.
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers. If BerggiVideo has provided any third party with your personal information, you will have to contact the third-party directly with any opt-out request.
The Service may contain links to third-party websites or services that are not owned or controlled by BerggiVideo. BerggiVideo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. In addition, BerggiVideo will not and cannot censor or edit the content of any third-party website or service. By using the Service, you expressly relieve BerggiVideo from any and all liability arising from your use of any third-party website or services or third party owned Content. Accordingly, we encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
You agree that if you access, view or use any Content not owned by BerggiVideo, you shall comply with the Content owner's restrictions or prohibitions of use of such Content, which may include without limitation, end user agreements, terms of service agreements, privacy policies, and license agreements.
You agree to defend, indemnify and hold harmless BerggiVideo and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Submissions or any that are submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BERGGIVIDEO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
BerggiVideo DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BERGGIVIDEO SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BERGGIVIDEO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BERGGIVIDEO, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL BERGGIVIDEO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BERGGIVIDEO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BERGGIVIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States . BerggiVideo makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
BerggiVideo reserves the right to terminate this Agreement as to any User violating the terms of this Agreement. Specifically BerggiVideo will terminate the accounts and access to the Service of any User who posts, emails, distributes, submits, or otherwise makes available through the Service any User Submissions in violation of this Agreement more than once. The provisions of Sections 3A, 5, 7, and 11 & 19 shall survive any termination or expiration of this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BerggiVideo without restriction.
A. Governing Law. You agree that: (i) the Service shall be deemed solely based in California ; and (ii) the Service shall be deemed a passive that does not give rise to personal jurisdiction over BerggiVideo, either specific or general, in jurisdictions other than California . This Agreement shall be governed by the internal substantive laws of the State of California , without respect to its conflict of laws principles. Any claim or dispute between you and BerggiVideo that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County , California .
B. Entire Agreement/Severability. This Agreement, together with BerggiVideo privacy policy and any other legal notices published by BerggiVideo on the Service, shall constitute the entire agreement between you and BerggiVideo concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
C. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and BerggiVideo failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. BerggiVideo reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
This Agreement was last revised on January 1, 2008