Terms and Conditions

  1. Introduction

1.1     These terms and conditions shall govern your use of bergmanslab.com.

1.2     By using bergmanslab.com, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use bergmanslab.com.

1.3     If you register with bergmanslab.com, submit any material to bergmanslab.com or use any of bergmanslab.com services, Bergman’s Lab will ask you to expressly agree to these terms and conditions.

1.4     You must be at least 18 years of age to use bergmanslab.com; and by using bergmanslab.com or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5     Bergmanslab.com uses cookies; by using bergmanslab.com or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our cookies policy.

  1. Copyright notice

2.1     Copyright (c) 2015 Robert Bergman.

2.2     Subject to the express provisions of these terms and conditions:

(a)      we, together with our licensors, own and control all the copyright and other intellectual property rights in bergmanslab.com and the material on bergmanslab.com; and

(b)      all the copyright and other intellectual property rights in bergmanslab.com and the material on bergmanslab.com are reserved.

  1. Licence to use website

3.1     You may:

(a)      view pages from bergmanslab.com in a web browser;

(b)      download pages from bergmanslab.com for caching in a web browser;

(c)      print pages from bergmanslab.com;

(d)      stream audio and video files from bergmanslab.com; and

(e)      use bergmanslab.com services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2     Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from bergmanslab.com or save any such material to your computer.

3.3     You may only use bergmanslab.com for your own personal and business purposes, and you must not use bergmanslab.com for any other purposes.

3.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on bergmanslab.com.

3.5     Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from bergmanslab.com (including republication on another website);

(b)      sell, rent or sub-license material from bergmanslab.com;

(c)      show any material from bergmanslab.com in public;

(d)      exploit material from bergmanslab.com for a commercial purpose; or

(e)      redistribute material from bergmanslab.com.

3.6     Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

3.7     Bergman’s Lab reserve the right to restrict access to areas of bergmanslab.com, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on bergmanslab.com.

  1. Acceptable use

4.1     You must not:

(a)      use bergmanslab.com in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use bergmanslab.com in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use bergmanslab.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to bergmanslab.com without our express written consent;

(e)      access or otherwise interact with bergmanslab.com using any robot, spider or other automated means;

(f)      violate the directives set out in the robots.txt file for bergmanslab.com; or

(g)      use data collected from bergmanslab.com for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2     You must not use data collected from bergmanslab.com to contact individuals, companies or other persons or entities.

4.3     You must ensure that all the information you supply to us through bergmanslab.com, or in relation to bergmanslab.com, is true, accurate, current, complete and non-misleading.

 

  1. Registration and accounts

5.1     To be eligible for an individual account on bergmanslab.com under this Section 6, you must be at least 18 years of age.

5.2     You may register for an account with bergmanslab.com by completing and submitting the account registration form on bergmanslab.com, and clicking on the verification link in the email that the website will send to you.

5.3     You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.4     You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

  1. User IDs and passwords

6.1     If you register for an account with bergmanslab.com, Bergman’s Lab will provide you with / you will be asked to choose a user ID and password.

6.2     Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3     You must keep your password confidential.

6.4     You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5     You are responsible for any activity on bergmanslab.com arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

7.1     Bergman’s Lab may:

(a)      suspend your account;

(b)      cancel your account; and/or

(c)      edit your account details,

at any time in our sole discretion without notice or explanation.

7.2     You may cancel your account on bergmanslab.com by sending us an email.

  1. Your content: licence

8.1     In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or bergmanslab.com for storage or publication on, processing by, or transmission via, bergmanslab.com.

8.2     You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

8.3     You grant to us the right to sub-license the rights licensed under Section 8.2.

8.4     You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5     You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.6     You may edit your content to the extent permitted using the editing functionality made available on bergmanslab.com.

8.7     Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if Bergman’s Lab reasonably suspect that you have breached these terms and conditions in any way, Bergman’s Lab may delete, unpublish or edit any or all of your content.

  1. Your content: rules

9.1     You warrant and represent that your content will comply with these terms and conditions.

9.2     Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3     Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)      be libellous or maliciously false;

(b)      be obscene or indecent;

(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)      infringe any right of confidence, right of privacy or right under data protection legislation;

(e)      constitute negligent advice or contain any negligent statement;

(f)      constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)      be in contempt of any court, or in breach of any court order;

(h)      be in breach of racial or religious hatred or discrimination legislation;

(i)       be blasphemous;

(j)      be in breach of official secrets legislation;

(k)      be in breach of any contractual obligation owed to any person;

(l)       depict violence, in an explicit, graphic or gratuitous manner;

(m)     be pornographic, lewd, suggestive or sexually explicit;

(n)      be untrue, false, inaccurate or misleading;

(o)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)      constitute spam;

(q)      be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)      cause annoyance, inconvenience or needless anxiety to any person.

  1. Limited warranties

10.1    Bergman’s Lab do not warrant or represent:

(a)      the completeness or accuracy of the information published on bergmanslab.com;

(b)      that the material on the website is up to date; or

(c)      that the website or any service on the website will remain available.

10.2    Bergman’s Lab reserve the right to discontinue or alter any or all of bergmanslab.com services, and to stop publishing bergmanslab.com, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if Bergman’s Lab stop publishing the website.

10.3    To the maximum extent permitted by applicable law and subject to Section 11.1, Bergman’s Lab exclude all representations and warranties relating to the subject matter of these terms and conditions, bergmanslab.com and the use of bergmanslab.com.

  1. Limitations and exclusions of liability

11.1    Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law.

11.2    The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)      are subject to Section 11.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

11.3    To the extent that bergmanslab.com and the information and services on bergmanslab.com are provided free of charge, Bergman’s Lab will not be liable for any loss or damage of any nature.

11.4    Bergman’s Lab will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5    Bergman’s Lab will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6    Bergman’s Lab will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7    Bergman’s Lab will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8    You accept that Bergman’s Lab have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that Bergman’s Lab are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Breaches of these terms and conditions

12.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if Bergman’s Lab reasonably suspect that you have breached these terms and conditions in any way, Bergman’s Lab may:

(a)      send you one or more formal warnings;

(b)      temporarily suspend your access to bergmanslab.com;

(c)      permanently prohibit you from accessing bergmanslab.com;

(d)      block computers using your IP address from accessing bergmanslab.com;

(e)      contact any or all your internet service providers and request that they block your access to bergmanslab.com;

(f)      commence legal action against you, whether for breach of contract or otherwise; and/or

(g)      suspend or delete your account on bergmanslab.com.

12.2    Where Bergman’s Lab suspend or prohibit or block your access to bergmanslab.com or a part of bergmanslab.com, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Variation

13.1    Bergman’s Lab may revise these terms and conditions from time to time.

13.2    The revised terms and conditions shall apply to the use of bergmanslab.com from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / Bergman’s Lab will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of bergmanslab.com from the date that Bergman’s Lab give you such notice; if you do not agree to the revised terms and conditions, you must stop using bergmanslab.com.

13.3    If you have given your express agreement to these terms and conditions, Bergman’s Lab will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as Bergman’s Lab may specify, Bergman’s Lab will disable or delete your account on the website, and you must stop using the website.

  1. Assignment

14.1    You hereby agree that Bergman’s Lab may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

15.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

16.1    These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

16.2    The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

17.1    Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of bergmanslab.com and shall supersede all previous agreements between you and us in relation to your use of bergmanslab.com.

  1. Law and jurisdiction

18.1    These terms and conditions shall be governed by and construed in accordance with Dutch law.

18.2    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Netherlands.

  1. Statutory and regulatory disclosures

19.1    Bergman’s Lab are registered in Dutch chamber of commerce; you can find the online version of the register at http://www.kvk.nl/orderstraat/product-kiezen/?kvknummer=628367490000&origq=webcampus+bv, and our registration number is nr 62836749.

19.2    Bergman’s Lab are subject to The Netherlands Authority for Consumers and Markets (ACM).

19.3    Our VAT number is NL854977351B01.

  1. Our details

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