|
beadiak.com is owned, operated and made available by
beadiak.com.
1. Application of these conditions of use
By accessing or using any part of Beadiak.com you agree to be
bound by the following conditions of use. If you do not wish to
be bound by these conditions, you may not access or use
Beadiak.com.
We may change these conditions at any time without any notice to
you. By your continued access and use of Beadiak.com you agree
to be bound by the most current version of the conditions of
use. Please check these conditions periodically for any changes
that have been made.
2. Copyright and database right
Except where otherwise noted, The Beadiak owns legally and
beneficially all the intellectual property rights in the content
of all the Beadiak.com web pages (including the design, text,
graphics and arrangement thereof) and in the software used
therein. Such intellectual property rights include, without
limitation, copyrights and database rights in the information
displayed as Beadiak.com Search results which are extracted from
a compilation owned by The Beadiak - © The Beadiak 2006.
3. Trademarks
"Beadiak.com" and "The Beadiak" are service marks of The
Beadiak. Beadiak ™ is a trademark of The Beadiak. All other
trademarks, product names and company names or logos cited
anywhere on Beadiak.com are the property of their respective
owners.
4. Permitted uses
Save as provided below, no materials from Beadiak.com may be
copied, downloaded, reproduced, broadcast, shown or played in
public, republished, uploaded, posted, stored, transmitted or
distributed in any way or adapted or changed in any way.
The Beadiak takes active
measures to ensure that no unauthorized use or breach of its
intellectual property rights is committed.
Subject to applicable third party content provider’s' licenses,
you are allowed to access the Beadiak.com database, to make a
copy of the results of any searches made in that database, and
to use those results PROVIDED that none of such access, copying
and use falls into, is preparatory to or enables any of the
categories of prohibited conduct referred to below, and provided
that none of such access, copying and use is for the purpose of
and in the course of any business. For the avoidance of doubt,
and without prejudice to the below mentioned prohibited conduct,
such access, copying and use is permitted even for a business if
such conduct is merely incidental to the business.
For the avoidance of doubt and without limitation, you are
expressly prohibited from:
-
modifying the data or other material from
Beadiak.com ("the Data") or merging the Data with any other
data;
-
selling or trading in materials copied from the Data;
-
using or redistributing the Data for the purposes of compiling
databases, lists or directories, other than as and to the extent
necessary to use the Data for a use not prohibited by this
paragraph 4
-
providing commercial information, redistributing or reproduction
of the same by the press or media or through any commercial
network, cable or satellite system;
-
issuing questionnaires, reply cards or similar for the purpose of
data capture or verification;
-
permitting or allowing the Data to infringe or otherwise
prejudice our proprietary rights;
-
using the Data;
-
For any unlawful purpose or purpose that is likely to bring any
part of The Beadiak into disrepute or to cause any part of The
Beadiak embarrassment.
-
To send any message or communication which is offensive, abusive,
indecent, obscene or menacing.
-
In any way that would be reasonably expected to cause annoyance,
inconvenience or needless anxiety;
-
As source targeting material or contact data for any kind of
telemarketing, direct marketing, viral or other electronic
marketing activity on your own behalf or on behalf or for the
benefit of another party.
5. No license except as expressly provided, nothing contained in
these conditions or anywhere on Beadiak.com shall be construed
as conferring any license under any of The Beadiak's or any
third party's intellectual property rights.
6. Disclaimer of representations and warranties Beadiak.com is
provided by The Beadiak on an "as is" and "as and when
available" basis to users. You use Beadiak.com at your own risk.
Neither The Beadiak nor any of its officers, directors,
shareholders, employees, affiliates, agents, third party content
providers, sponsors, licensers, or the like, makes any
representation or warranty or condition, either express or
implied, to you:
-
that Beadiak.com will be uninterrupted or
error-free;
-
that Beadiak.com or the computer server from which Beadiak.com is
made available, are free of viruses or other harmful components;
-
to the accuracy, content, timeliness, completeness, legality,
reliability, quality or suitability of any information, advice,
content, service, search results, products or merchandise
provided through Beadiak.com.
The Beadiak makes and you receive, no representations,
warranties or conditions, express or implied, statutory or
otherwise with respect to:
-
Beadiak.com, its content, merchandise,
services, documents, information, items or materials provided by
The Beadiak in connection with the use of Beadiak.com; or
-
any goods or services or information received through or
advertised on Beadiak.com or received through links provided on
Beadiak.com; including without limitation no representations,
warranties or conditions of merchantability, suitability,
fitness for a particular purpose, non-infringement of
proprietary rights or otherwise.
-
oral advice or written information given by The Beadiak or
its affiliates, or any of its officers, directors, employees,
agents, providers, merchants, sponsors, licensers, or the like,
will create a representation, a warranty or condition nor should
you rely on any such information or advice.
In jurisdictions that do
not allow the exclusion or disclaimer of certain warranties, the
above exclusion may not apply to you.
7. Provision of advice Beadiak.com may make available certain
information provided by third parties. The Beadiak recommends
that before you use any such information with respect to any
issues or questions that you may have relating to medicine, law,
accounting or any other profession you seek advice from a
qualified professional.
8. Limitation of liability Neither The Beadiak nor its
associated content provider organisations seek to limit or
exclude liability for death or personal injury arising from
their negligence.
Under no circumstances will The Beadiak or any of its officers,
directors, shareholders, employees, affiliates, agents,
sponsors, licensers, or any other party involved in the
creation, production, maintenance or distribution of Beadiak.com
be liable for any direct, indirect, incidental, special or
consequential damages (including but not limited to loss of
profits, business, anticipated savings, goodwill, use of data or
other intangible losses) that result from either:
• the use and reliance on Beadiak.com; or products
• the inability to use Beadiak.com; or
• mistakes, omissions, interruptions, suspension, termination,
deletion of files or e-mail, errors, defects, viruses, delays in
operation, transmission or service response time, or any failure
of performance with respect to Beadiak.com including without
limitation those arising from acts of God, communications
failure, theft, destruction or unauthorized access to The
Beadiak's records, programs or services; or
• merchandise, products or services received through or
advertised on Beadiak.com and merchandise, products or services
received through or advertised on any links provided on
Beadiak.com; or
• information or advice received through or advertised on
Beadiak.com and information or advice received through or
advertised on any links provided on Beadiak.com; or
• any information, data, text, messages and other materials that
you email, post upload, reproduce, transmit or is otherwise
distributed using Beadiak.com.
The Beadiak is unable to ensure or guarantee the security of any
information transmitted over the Internet. Any information or
data which you transmit to or by using The Beadiak is done at
your own risk and The Beadiak shall not be responsible or liable
for any damages or injury that may result from transmitting such
information. If any
jurisdiction does not allow the exclusion or limitation of
liability for consequential or incidental damages, liability is
limited to the fullest extent permitted by law.
9. Miscellaneous These conditions and any and all documents
specifically referenced herein constitute the entire agreement
between you and The Beadiak with respect to the subject matter
hereof. If any provision contained in these conditions is
determined by a court of competent jurisdiction to be illegal,
invalid or otherwise unenforceable, that provision shall be
severed from these conditions and the remaining provisions shall
continue in full force and effect.
10. Jurisdiction and governing law These conditions shall be
governed by and construed in accordance with the laws of the United States. The Beadiak
controls Beadiak.com from within the country of United States. It can, however, be
accessed from other places around the world. Although these
places may have different laws from those of
United States, by accessing Beadiak.com you
agree that the laws of United States, without regard to
rules relating to conflict of laws, will apply to all matters
relating to your use of Beadiak.com. You and The Beadiak also
agree to submit to the non-exclusive jurisdiction of the United States courts, with respect
to such matters. Users of Beadiak.com accessing it from places
outside of
United States
acknowledge that they do so voluntarily and are responsible for
complying with local laws.
|