AGREEMENT BETWEEN YOU AND
THE SAB-INTERNATIONAL
The Bergamasco-Database
is a service operated by the SAB International, that makes it easy to share
pedigree data.
These Terms of Use constitute a legal agreement
between you and the SAB International. You must accept without modification
all of the terms, conditions, and notices contained in these Terms of Use
in order to access and use the Bergamasco-Database Services. If you do not
accept these Terms of Use in their entirety, you may not access or use the
Bergamasco-Database Services.
Portions of the Bergamasco-Database Services may be
governed by posted guidelines, rules, or other terms and conditions. All such
guidelines, rules, and terms and conditions are hereby incorporated by reference
into these Terms of Use. In the event of a conflict between such other
guidelines, rules, and terms and conditions and these Terms of Use, the Terms of
Use shall control. However, the Bergamasco-Database Privacy Statement, discussed in
the Privacy and Personal Information section below,
supersedes any conflicting language in these Terms of Use and/or any other
guidelines, rules, and terms and conditions published on the Bergamasco-Database Services with respect to the subject matter covered by the
Bergamasco-Database Privacy Statement.
MODIFICATION OF THESE TERMS OF USE
SAB-International
may wish to update or change the terms,
conditions, and notices for the Bergamasco-Database Services from time to time to
reflect changes in the Services, changes in the laws affecting the Services, or
for other good reasons. You understand that SAB-International reserves the right to
make these changes and that you are responsible for regularly reviewing these
terms, conditions, and notices. Continued access to or use of the Bergamasco-Database
Services after any such change shall constitute your consent to such change.
Unless explicitly stated otherwise, any new features that change or improve the Bergamasco-Database
Services shall be subject to the Terms of Use, as modified from time to time.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may only use the Bergamasco-Database Services for your
own personal and non-commercial purposes.
You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services that are part of the Bergamasco-Database
Services except as expressly provided in these Terms of Use.
PRIVACY AND PERSONAL INFORMATION
You may be required to have a Bergamasco-Database account to
use some Bergamasco-Database Services. To set up an account, you must provide
information about yourself and update this information as necessary in order to
keep it current.
You are responsible for maintaining the confidentiality
of your password and account information. Furthermore, you are responsible for
all activities that occur in your account and you agree to notify SAB-International
immediately of any unauthorized use of your account. SAB-International is not
responsible for any loss that you may incur as a result of any unauthorized
person using your account or your password.
LINKS TO THIRD-PARTY SITES
The Web pages that are part of the Bergamasco-Database Services may contain links to other Web sites ("Linked Sites"). The
Linked Sites are not under the control of SAB-International and SAB-International
is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
SAB-International is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by SAB-International of the site or any association with its operators. You are
responsible for viewing and abiding by the privacy statements and terms of use
posted at the Linked Sites.
You are solely responsible for any dealings with third
parties (including advertisers) who support the Bergamasco-Database Services or are
identified in the Web pages that are part of the Bergamasco-Database Services,
including the delivery of and payment for goods and services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Bergamasco-Database Services, you agree that you will not use the
Bergamasco-Database Services for any
purpose that is unlawful or contrary to these Terms of Use. You also may not use
the Bergamasco-Database Services in any manner that could damage, disable,
overburden, or impair the Bergamasco-Database Services or interfere with any other
party's use and enjoyment of them. You may not attempt to gain unauthorized
access to any Bergamasco-Database account, computer systems or networks associated
with the Bergamasco-Database Services. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the Bergamasco-Database Services.
TERMS OF USE FOR Bergamasco-Database PARTICIPATING SITES
AND SERVICES
These Terms of Use apply to you whenever you access or
use any Bergamasco-Database Services. When you use the Bergamasco-Database Services to
gain access to any Bergamasco-Database participating site or service, the terms and
conditions associated with that site or service may also apply to you. Please
refer to the applicable terms of use associated with each participating site or
service that you visit.
DATA YOU SUBMIT
You warrant that you own copyright in any data
submitted to us, or that it is information which is in the public domain,
and that it does not infringe any existing copyright or any other rights
of any third party and that you have full authority to enter into this
Agreement and grant the rights granted to SAB-International without resulting
in a breach of any obligation you may have.
You retain copyright to data you have submitted to SAB-International.
If you submit data then you grant to SAB-International a non-exclusive,
worldwide, irrevocable, royalty-free license to use or modify the data
for any purpose including publishing on-line.
SAB-International may modify the
data or combine it with other data. In such an event you agree that SAB-International
owns copyright to the resulting data.
DATA AVAILABLE ON THE Bergamasco-Database SERVICES
All data that is made available
to view and/or download from the Web pages that are part of the Bergamasco-Database
Services ("Data") is owned by and is the copyrighted work of SAB-International
and/or its suppliers. Except for personal use of the data, any
reproduction or redistribution of the Data is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE DATA TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED .
All Data is supplied "as
is" without any warranty as to its accuracy or completeness and any
use of this Data is entirely at the users own risk.
LIABILITY DISCLAIMER
SAB-International
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE Bergamasco-Database SERVICES FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SAB-International
AND/OR ITS RESPECTIVE 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, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL SAB-International AND/OR 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 Bergamasco-Database SERVICES, WITH THE DELAY OR INABILITY
TO USE THE Bergamasco-Database SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED
THROUGH THE Bergamasco-Database SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE
Bergamasco-Database SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, EVEN IF SAB-International OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE Bergamasco-Database SERVICES, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Bergamasco-Database
SERVICES.
CUSTOMER SUPPORT
SAB-International
provides information about how to use the Bergamasco-Database
Services on the Web pages that are part of the Services. If you have any
questions about the Bergamasco-Database Services or any problems that you would like
to report, please email us at <Web Site Email>.
TERMINATION AND RESTRICTION OF ACCESS
SAB-International
reserves the right, in its sole discretion,
to terminate your access to the Bergamasco-Database Services or any portion thereof
at any time, without notice.
SAB-International
may also terminate or suspend your access
to the Bergamasco-Database Services for inactivity, which is defined as failing to
sign in to the Services for an extended period of time, as determined by SAB-International.
Upon termination of your Bergamasco-Database account, your right to use the Bergamasco-Database
Services immediately ceases.
GENERAL
These Terms of Use are governed by the laws of the State
of <Applicable State> You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in <Applicable State>. in all
disputes arising out of or relating to the use of the Bergamasco-Database Services.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and SAB-International as a result of these Terms of Use or use of
the Bergamasco-Database Services.
SAB-International
may assign these Terms of Use, in whole or
in part, at any time. SAB-International's performance of this agreement is subject to
existing laws and legal process, and nothing contained in these Terms of Use is
in derogation of SAB-International's right to comply with governmental, court, and
law enforcement requests or requirements relating to your use of the Bergamasco-Database
Services or information provided to or gathered by SAB-International with respect to
such use. You agree to indemnify and hold SAB-International, its parents,
subsidiaries, affiliates, officers, and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the Bergamasco-Database Services. If any part of these Terms of Use are determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of these Terms of Use shall continue in effect. These Terms of Use,
including the documents expressly incorporated by reference above, constitute
the entire agreement between you and SAB-International with respect to the Bergamasco-Database
Services and such agreements supersede all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between you
and SAB-International with respect to the Bergamasco-Database Services. A printed version
of these Terms of Use and of any notices given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
INTELLECTUAL PROPERTY NOTICES
All contents of the Bergamasco-Database Web Site are:
Copyright © 2005 by the SAB-International Pty Ltd and/or its suppliers.
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people,
and events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.
SAB-International
may have patents, patent applications,
trademarks, copyrights, or other intellectual property rights covering subject
matter in the Bergamasco-Database Services, including the Web pages that are part of
the Bergamasco-Database Services. Except as expressly provided in these Terms of
Use, the provision of the Bergamasco-Database Services and the furnishing of such
Web pages to you does not give you any license to these patents, trademarks,
copyrights, or other intellectual property. Any rights not expressly granted
herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Notifications of claimed copyright infringement should
be emailed to us at <Web Site Email>.
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