Terms of Use
Introduction and Summary:
The main points are three. First, Bridges and Gayan Web Design take pains to cite sources, and wish the same courtesy extended to us when our material is used. Second, do not take anything on the website as gospel but rather use common sense to decide if, and how, to apply it to your situation. Third, warning one and all of computer viruses and the need for frequent back-up can hardly be repeated too frequently. The full legal presentation follows.
The subpage "Rechtliche Hinweise" gives a summary of some of the key points in German.
The Boilerplate
The following are terms of a legal agreement between BridgeS E C, and Gayan Web Design, henceforth together designated as "BEC/GWD," and you. By accessing, reading and using this website you acknowledge that you have read, understood and agree to be bound by the terms which follow and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this website. It may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this website may be technically inaccurate or have errors. Be aware that BEC/GWD may, in their sole discretion and without notice, revise these terms at any time.
COPYRIGHTS AND USE OF WEBSITE CONTENT
The copyright in all materials provided on this website is held by Bridges for the text, by Gayan Website Design for the images and design, or by the original creator of the material. All rights not expressly granted are reserved. Permission is granted to download and distribute material from this website under four conditions: (1) It may not be sold. (2) It may not be altered or changed in any way without prior written permission. (3) Bridges and Gayan Web Design must be clearly and visibly identified as the source. (4) All copyright and other proprietary notices contained in the material must be retained. You may not "mirror" any material contained on this website without the express written permission of BEC/GWD. All written content on this website is the exclusive property of Bridges, unless otherwise noted. The design of this website, including fonts, graphics, logos, icons, and images and the selection and arrangement thereof, are copyrighted by Gayan. Bridges has an exclusive usage license from Gyan Web Design for this website. The usage and rights are protected by U.S. and international copyright laws.
© 2010 BridgeS E C © Gayan Web Design
15698 Hwy 176 B 800 Centennial Gardens
Newberry, S.C. 29108 Upper Gorind Nagar, Malad (East)
United States Maharastitra, India
The authors´ moral rights are asserted.
HYPERLINKING AND THIRD PARTY WEBSITES
BEC/GWD make no representations whatsoever about any other website which may be accessed through this one. When you access a non-BEC/GWD website, please understand that it is independent from BEC/GWD, and that BEC/GWD have no control over the content on that website, even if BEC/GWD provide information or services to the owner of that website. In addition, a link or referral to a web site does not mean that BEC/GWD endorse or accepts any responsibility for the content or the use of such web site. In fact, BEC/GWD disclaim any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
TRADEMARKS
The trademarks, service marks, designs and logos (collectively, the "Trademarks") used and displayed on this website are registered and unregistered Trademarks of Gayan Web Design. Other trademarks, service marks and trade names may be owned by others. Nothing on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other intellectual property of Gayan Web Design or of Bridges, including the names Gayan Web Design and Bridges (i.e. BridgeS E C ), displayed on this website without prior written permission from, respectively, Gayan Web Design or Bridges.
USER POSTINGS
You acknowledge and agree that BEC/GWD shall have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this website ("submissions" - specifically including those at "Papers"). You hereby waive any and all claims against BEC/GWD for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with the use and publication of such submissions on this website. BEC/GWD do not represent or endorse the accuracy or reliability of any submissions displayed, uploaded, posted on any message board, or otherwise distributed through this website by any user of this website, information provider or any other third party. BEC/GWD expressly disclaim any and all liability related to submissions, and you acknowledge that any reliance upon such submissions shall be at your sole option, liability and risk. You covenant that you shall not post or otherwise publish on the website any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. BEC/GWD in their sole discretion reserve the right to refuse to post and the right to remove any information or submission from this website, in whole or in part, for any reason.
NO SERVICES, ENDORSEMENT OR PROFESSIONAL CONSULTATION
There may be delays, omissions or inaccuracies in information obtained through your use of this website. The information on the website is provided to you with the understanding that provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this website should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, BEC/GWD do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this website by BEC/GWD, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option, liability and risk. Moreover, BEC/GWD do not grant any license or other authorization to you to use this website in any manner if such use in whole or in part suggests that Bridges promotes or endorses a third party's causes, ideas, political campaigns, political views, web sites, products or services.
ACCESS TO THIS WEBSITE
BEC/GWD may alter, suspend or discontinue this website and your access to use this website at any time for any reason without notice or liability to you or any third party. This website may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user's systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this website does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user's systems, software or data.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BEC/GWD DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BEC/GWD DO NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BEC/GWD OR ANY OF THEIR PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, COACHES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE OR OBTAINED FROM YOUR USE OF THIS WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF BEC/GWD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THEY OR ANY OF THEIR PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, COACHES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS', EMPLOYEES', AGENTS', REPRESENTATIVES' AND ATTORNEYS' AND THEIR RESPECTIVE HEIRS', SUCCESSORS' AND ASSIGNS' SHARE IN ANY LIABILITY. TOTAL LIABILITY DEVOLVES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEEDING $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
INDEMNIFICATION
You hereby indemnify, defend, and hold harmless BEC/GWD and all of their predecessors, successors, parents, subsidiaries, affiliates, coaches, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. BEC/GWD reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
ENFORCEMENT OF TERMS AND CONDITIONS
This agreement is governed and interpreted pursuant to the laws of the State of South Carolina, United States of America for written content and to the laws of Maharastita, India for the images and design, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of South Carolina and Maharastita, India, respectively. You further agree and expressly consent to the exercise of personal jurisdiction in the State of South Carolina in connection with any dispute or claim involving Bridges. Your further agree and expressly consent to the exercise of personal jurisdiction in Maharastita in connection with any dispute or claim involving Gayan Web Design. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
INFRINGEMENT NOTICES AND TAKEDOWN
BEC/GWD prohibit the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this website infringes your copyright or other intellectual property rights, you should notify BEC/GWD of your copyright infringement claim in accordance with the following procedure. Notices of alleged infringement that are received will be processed and appropriate action taken as required by the Digital Millennium Copyright Act ("DMCA"). The DMCA requires that notifications of claimed copyright infringement should be sent to this website's Designated Agent:
Leland Wong 20 Gold Mine Drive San Francisco, CA 94131 ljallc@gmail.com
with an e-mail copy to J.Hamilton@Bridges-EC.com. To be effective, the notification must be in writing and contain the full information required by (DMCA, 17 U.S.C. §512(c)(3)). Because of heavy travel by the agent, E-Mail should also be sent to ensure the matter is attended to promptly. BEC/GWD will remove any posted submission that infringes the copyright or other intellectual property right of any person under applicable law upon receipt of such a statement. Note that the law provides significant penalties for submitting such a statement falsely.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement between BEC/GWD and you with respect to the subject matter of this agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this agreement will be effective only if in writing and signed by BEC/GWD.