ACCEPTANCE OF TERMS
The Berne Witness, Inc. provides its User Portals, including its websites, photo, video and information submission portals as services to you, the visitor, based on its Terms of Service outlined here.
We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
Usage of the services on this site denotes acceptance of these terms. The TOS may be changed at any time and without direct notice to individual visitors, so it is recommended that you check back with this page at any time you have questions or concerns.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice.
Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, or remove any material that you submit to our sites for any reason;
Refuse, move, or remove any content that is available on our sites;
Deactivate or delete your accounts and all related information and files in your account;
Establish general practices and limits concerning use of our sites.
Access to some content or archives requires a subscription.
Users are solely responsible for protecting their accounts from access by others. You are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites where it may be read by the owners or administrators of that site.
While it is acceptable for users to maintain multiple accounts, The Berne Witness, Inc. can and does track multiple shared accounts from a single or multiple computers as one account in terms of TOS violations. If the TOS is violated severely enough to warrant the banning of one account, all known accounts shared between a single or multiple users who use the same computer may also be banned for the actions of the violating account at the administrators’ discretion.
Because of this rule, it is highly recommended that board users do not share their accounts with others, nor share their computers used to access the site with others, as the actions of some other person could easily directly impact all known shared message board accounts.
PRIVACY AND RELEASE OF INFORMATION
Under normal circumstances, The Berne Witness, Inc. will not release your provided information to any third party without your consent.
However, in cases of certain severe and/or repeated TOS violations or illegal activities, we reserve the right to forward any and all known information about you and your accounts to your ISP (including libraries, schools, and places of employment), email service provider, your ISP account owner (if someone else is actually paying for it), and any parties whose copyright has clearly been infringed by your actions on the boards or law enforcement authorities.
In the event of a subpoena received by The Berne Witness according to normal judicial or administrative process requesting information which includes your personal information (such as birth date, ISP address, etc.), and issued by court or government entity with subpoena authority, The Berne Witness will attempt to notify you for permission to release the requested information, and, at your request, The Berne Witness will wait for your response to the issuing authority within the permitted time-period. However, under normal circumstances The Berne Witness will not move to quash a subpoena, and will obey valid orders. The Berne Witness will attempt to redact from any response personal information not directly required by the request which may be included in the response.
Accessing or attempting to access any Berne Witness, Inc. user account not belonging to the user in question without permission is prohibited. Accessing another user’s account in this manner is grounds for immediate loss of all known accounts.
Bugs and Exploits
Using exploits or tricks in The Berne Witness, Inc. code to gain privileges, access, or abilities not clearly intended by the board design are prohibited. Making exploits public or using them for personal benefit is grounds for immediate loss of all known accounts.
Usernames, Profiles, and Forms
Violating any of the above rules with a username, any part of the user profile (signature, quote, email, IM), or via feedback forms (such as the Mark for Moderation function) is considered a severe violation.
Any other activity that is clearly detrimental to the flow of conversation and normal activities of the boards and its users may also be deleted.
CONTENT OF OUR SITES
Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published by The Berne Witness, Inc. on our sites, including, but not limited to: written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please review our copyright notice and visit our Permissions and Reprints page.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites (“Your Content”). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our Sites, (ii) distributing Your Content either electronically or via other media, to users seeking to download or otherwise acquiring it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed, including print publication.
Our site contains content that we create as well as content provided by third parties. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content. Without limitation, we are not responsible for postings by Users in the Forums, feedback, Comments, or Guest Book sections of our sites.
You may be exposed to content that you find offensive, indecent or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
THIRD PARTY SITES, PRODUCTS AND SERVICES
Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
With the exception of products clearly noted as The Berne Witness, Inc. product and Berne Witness photo reprints, we do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Some of the Services require you to pay a fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, a fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.