By using BERS® services you agree to be bound by these terms.
These Terms of Service (“Terms”) govern your (“You” or “Customer”) access to and use of access to and use of the Digital Publishing services provided by BERS®: be.rs website and any other BERS® promotional or demonstration website/apps, the BERSEDIT platform, the BERS® Corporate Bookstand portal, your dedicated and branded BERS® iOS players (collectively, the “Services”) provided by BERS® GmbH, Frankfurt Germany.
BERS®, the www.be.rs website and any other BERS® websites, all BERS® mobile applications including the BERS® enterprise and or whitelabel App (collectively, the “BERS® Apps”), and any services, including the BERS® hosting (to the extent hosted by BERS® ) and the BERS® Edit & Admin Portal (collectively the „BERS® Services“) – all combined collectively: „BERS® Apps & Services“.
The applicable BERS® Software License Agreement governs your use of any other BERS® software,
By using any of the Services you, the Customer, agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms.
Subject to your compliance with these Terms, BERS® hereby grants you a licensed, non-exclusive, time-limited, non-transferable, revocable license to use the Services as provided by BERS®. You may not incorporate any portion of the BERS® Apps & Services into your own programs or compile any portion of them in combination with your own programs, transfer them for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the BERS® Apps or other wise assign any rights to the BERS® Share in whole or in part unless otherwise agreed in written form (e.g for whitelabel use).
There may be storage limits associated with BERS®. BERS® reserves the right to charge for additional storage or overage fees for excessive use. You understand that BERS® may, at anytime in its sole discretion, impose new or modify existing, storage limits for BERS®, with or without notice to Customer.
Third Party Terms.
Additional third party terms contained within or distributed with the BERS® Apps & Services that are specifically identified in related documentation may apply to the particular portion of the BERS® Apps & Services (or software incorporated therein) and will govern the use of such software in the event of a conflict with these Terms.
Use of Third Party Services.
No Reverse Engineering.
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with the BERS® Apps & Services, whether in whole or in part, or create any derivative works from one of the BERS® Services & Apps.
In order to keep the BERS® Apps & Services up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Except for the license expressly provided herein, these Terms do not grant you any right, title, or interest in the Services, any software or other technology used by BERS® Apps & Services or its partners in connection with providing the Services, or the content in the Services.
All comments, inputs, suggestions, and feedback (“Feedback”) regarding or relating to any of BERS® ’s products or the Services submitted shall be considered non-confidential and BERS® ‘s property. By providing such Feedback, you agree to assign to BERS® , at no charge, all world-wide rights, title and interest in copyrights and other intellectual property rights in and to the Feedback. BERS® shall be free to use and disseminate such Feedback on an unrestricted basis for any purpose in connection with its products and services.
Customer retains full ownership of any information, files, and folders but excluding any Feedback (“Files”) that you submit to the Services. BERS® does not claim any ownership to any Files. These Terms do not grant BERS® any rights to Files except for the limited rights that are needed to provide the Services, as explained below. Customer represents and warrants that it is authorized to provide, and view, receive and access the Files. Without any liability to you or any third party, BERS® may remove or delete any or all Customer Files on the termination of your BERS® Software License Agreement.
BERS® may also remove or delete Files and/or suspend access to any portion of the Services at any time, without notice, upon BERS® ’s good faith determination that you have breached these Terms or the applicable BERS® Software License Agreement or in response to copyright/trademark infringement takedown requests.
Customer hereby grants a world-wide, non-exclusive, perpetual, royalty-free right and license to BERS® to use the Files in order to provide the Services such as hosting Files, generating hosted prototypes from the Files, and creating backup data, and to perform analytics on the Files and how the Tool and Services are used, such as usage patterns and characteristics of our customers, on an aggregated anonymous basis. This permission also extends to trusted third parties that assist in providing the Services, for example hosting services, which provide storage space for the Services. The Services and any technology used to provide the Services are protected by copyright, trademark, and other laws of both Germany and foreign countries. These Terms do not grant you any rights to use any BERS® trademarks, logos, domain names, or other brand features.
BERS® has no obligation to review any Files and is not responsible for the accuracy, completeness, appropriateness, or legality of Files, user posts, or any other user-submitted information Customer may be able to access using the Services.
4) Customer Responsibilities.
Files and other content in the Services may be protected by intellectual property rights of others. Customer will not copy, upload, download, or share Files unless Customer has the right to do so. Customer, not BERS® , will be fully responsible and liable for what Customer copies, shares, uploads, downloads or otherwise uses while using the Services. Customer must not upload spyware or any other malicious software to the Service. Customer, and not BERS® , is responsible for maintaining and protecting the Files. BERS® will not be liable for any loss or corruption of Files, or for any costs or expenses associated with backing up or restoring any Files.
5) Account Security.
Customer is responsible for safeguarding the password that Customer uses to access the Services and Customer agrees not to disclose the password to any third party. Customer is responsible for any activity using Customer’s account, whether or not Customer authorized that activity. Customer should immediately notify BERS® of any unauthorized use of Customer’s account. It is Customer’s responsibility to use a secure encrypted connection to communicate with the Services to protect transmission of data or Files to the Services.
6) Account Information
If Customer contact information or other information related to Customer account changes, Customer must notify BERS® promptly and keep the information current.
7) Unacceptable Uses.
Customer will not, and will not attempt to or assist anyone to, use the Services other than as intended and permitted, including, without limitation, by engaging in the following activities with respect to the Services:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas of the Service, shared areas of the Service Customer has not been invited to, BERS® Apps & Services, or service providers’ computer systems;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- plant malware or otherwise use the Services to distribute malware;
- access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- publish anything that is fraudulent, misleading, or infringes another’s rights;
- promote or advertise products or services other than your own without appropriate authorization;
- impersonate or misrepresent your affiliation with any person or entity;
- publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- violate the law in any way, or to violate the privacy of others, or to defame others;
8) Changes to the Services.
The Services will continue to change over time. We may modify the Services and add or remove features at any time without prior notice to you. Certain portions of the Services may not remain compatible with prior versions of OS. SomeTools and/or the BERS® Apps & Services software cannot be hold liable for the unability to seamlessly migrate content to updates/newer versions of BERS® Apps & Services.
9) Termination and Suspension.
TO THE FULLEST EXTENT PERMITTED BY LAW: THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED REPRESENTATIONS, GUARANTIES, OR WARRANTIES OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ORNON-INFRINGEMENT.
BERS® will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services.
WITHOUT LIMITING THE ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BERS® MAKES NO REPRESENTATION, GUARANTY, OR WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS FROM THE USE OF THE SERVICES WILL BE COMPLETE, ACCURATE OR RELIABLE, AND (d) THE QUALITY OF SERVICES, AND THE INFORMATION AND OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
11) Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BERS® , ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BERS® HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF IST ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO BERS® FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
13) Changes to Terms.
BERS® may revise these Terms from time to time and the most current version will be posted on our website. By continuing to access or use the Services after revisions become effective, Customer agrees to be bound by the revised Terms. For ease of your review of any changes, the following is a list of the date of all revisions to these
Version Date Promulgated
Version 1.0 August 16th , 2017