Terms of Service

THE FOLLOWING DESCRIBES THE TERMS ON WHICH BARDIC WEB OFFERS YOU ACCESS TO THIS SITE.

Modifications: Bardic Web reserves the right to update the terms, conditions and notices of this Agreement without notice to you. It is your responsibility to periodically review the most current version of this Agreement as your continued use of Bardic Web signifies your acceptance of any changed terms.

1. Overview.
Bardic Web is a service provider as defined in the Digital Millennium Copyright Act of 1998. As such, we do not control the truth or accuracy of content posted or the quality, safety, or legality of the items advertised or sold. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Therefore, please use caution and common sense when using this or any other website on the Internet!

2. Eligibility.
You must be at least 13 years old to register as a member of Bardic Web.

3. Code of Conduct.
While you are using Bardic Web, you must adhere to the rules outlined in the Bardic Web’s Code of Conduct that is incorporated herein by reference. While we have no obligation to monitor Bardic Web, we reserve the right to remove or refuse to post any content or material in our sole discretion. In addition, we reserve the right to terminate your access to any or all of Bardic Web services at any time without notice for any reason whatsoever.

4. Registration, Account and Password.
When you register for Bardic Web, you will be given an account based on your member ID and password. You agree to: (a) provide true, accurate, current and complete information about yourself, and (b) maintain and promptly update your information to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Bardic Web has reasonable grounds to suspect that such is the case, Bardic Web has the right to suspend or terminate your account, and refuse any and all current or future use of Bardic Web.

Upon registration, you will receive a password that you can change. You are solely responsible for keeping your password and information associated with your Bardic Web Account confidential. In addition, you are solely responsible for all activity occurring under your password and account. You may not transfer or share your account with anyone. You agree to notify Bardic Web in the event your password or account has been used without the proper authorization or if you become aware of any other breaches of security. Bardic Web will not be responsible or liable for any loss or damage incurred or later arising from your failure to comply with this paragraph.

5. User Grants License.
Bardic Web does not claim ownership of the articles, reviews, news, data, information, photographs, illustrations, graphics, logos, icons, images, trade names, trademarks, service marks, or other intellectual property you place on Bardic Web ("Your Content"). You can choose to post Your Content in the public areas of Bardic Web (the "Public Forums") or in the "Private Groups " area.

a) Articles: By submitting or posting Your Content as an Article in Articles Mode in the Public area, you hereby grant Bardic Web a revocable, worldwide, perpetual, non-exclusive, sublicenseable (through multiple tiers) license to exercise all copyright and publicity rights to Your Content. This revocable license includes, but is not limited to, the right to use, modify, copy, distribute, transmit, display, publicly perform, publish, adapt, create derivative works of, syndicate, or sell for any purposes whatsoever, in any media now known or not currently known.

b) Community Data: Except when submitted as an Article as described above, Your Content, in any other form whatsoever, constitutes Community Data. Community Data includes, but is not limited to,chat, ratings, surveys, topics you suggest or post, any organizational structures you create, trivia, summary information, the public images library, links and products. By submitting or posting Community Data in the Public Forums or Your Persona Profiles, you hereby grant Bardic Web an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sublicenseable (through multiple tiers) license to exercise all copyright and publicity rights to your Community Data. This irrevocable license includes, but is not limited to, the right to use, modify, copy, distribute, transmit, display, publicly perform, publish, adapt, create derivative works of, syndicate, or sell for any purposes whatsoever, in any media now known or not currently known.

Please note: Bardic Web considers email,instant messages and areas we specifically designate as "private chat" to be personal communications between you and other members of Bardic Web. We, therefore, will not use your email, instant messages or private chat lines in derivative works or syndication.

c) Private Groups : Bardic Web is the creator and manager of topics (the "Topic Publisher") in all areas of Bardic Web, except in Your Private Group. You are, by default, the Topic Publisher of Your Group. As the Topic Publisher you hereby grant Bardic Web an irrevocable, worldwide, perpetual, non-exclusive, sublicenseable (through multiple tiers)license to exercise all copyright and publicity rights to all the topics and the organizational structure you create in Your Private Group. This irrevocable license includes, but is not limited to, the right to use, modify, copy, distribute, transmit, display, publicly perform, publish, adapt, create derivative works of, syndicate, or sell for any purposes whatsoever, in any media now known or not currently known. You may be given the opportunity to allow other users to publish Articles in Your Private Group. Nothing in this Agreement grants you any rights to other people's content in Your Private Group, including their Articles, or to any Community Data in Your Private Group.

Whether in the Public Forums or Your Private Group, Bardic Web reserves the right to modify Your Content to ensure the correct operation of Bardic Web, its programs and also to drive traffic to Your Content. For example, we may use a summary of your page, and not the whole page, to submit to a search engine. Bardic Web also reserves the right to use your trade name and logo in connection with promotional material and to use the name you submit with any article, review or essay, if any, in connection with that material.

6. Third Party Trademarks and Copyrights.
Third party trademarks, service marks, logos, trade names and copyrights found on Bardic Web belong to their respective owners.

By submitting or posting Your Content, you warrant that you are the owner of Your Content or have been granted all the rights necessary from the content owner to post Your Content on Bardic Web. In addition, you warrant that the use of Your Content by Bardic Web will not infringe the intellectual property of or otherwise violate the rights of any third party.

7. Bardic Web Trademarks and Copyrights.
Bardic Web, and our other URL's not specifically listed herein, along with their graphics and logos are trademarks or service marks of Bardic Web.

Any content Bardic Web generates on Bardic Web that does not belong to a third party as described above, belongs to Bardic Web and is protected by Canadian and International Copyright Laws. Copyright © 2003 Bardic Web extends to the collection, arrangement and assembly of all content on Bardic Web, all website design, text, graphics, buttons, icons and images, the underlying software and Bardic Web interface.

8. No Resale of Service.
Bardic Web retains all rights, title and interest in and to its intellectual property. You may not copy, reproduce, republish, distribute, create derivative works of, sell, transfer, display, transmit, compile, collect in a database, or in any manner commercially exploit any part of Bardic Web that does not belong to you, unless express permission is granted by Bardic Web or a third party copyright owner. You must abide by all copyright notices, information or restrictions contained on Bardic Web.

You may make a single copy of articles or other portions of content published on Bardic Web that don't belong to you on your hard drive or in print for your own personal, non-commercial use. You may use images donated to the Public Images Library on Bardic Web only. By using Bardic Web "email to a friend" feature, you may send copies of articles to friends or other individuals for their own personal, non-commercial use.

9. Bardic Web Grants License.
Bardic Web encourages you to refer your friends, family and acquaintances to pages you create or to any other pages on Bardic Web. For the sole purposes of referring users to Bardic Web, identifying yourself as a site participant,summarizing our information in order to direct traffic back to Bardic Web(e.g., a search engine) or promoting Bardic Web in other ways, Bardic Web grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicenseable right during the term of this Agreement to use our icons, codes, images, our trade names and trademarks or our other intellectual property (the " Bardic Web Material"). When linking to or displaying the Bardic Web Material other than as above, you may not modify the Bardic Web Material in any way, including the underlying images and HTML code. Specifically, you may not remove our advertising, navigation or copyright notices. IMPORTANT: You may re-format the Bardic Web Material to appear in browsers or other devices only with our express, written permission, which can be obtained by emailing your request to FeedBack.

All rights to the Bardic Web Material not expressly granted herein are reserved.

10. Privacy Policy.
Privacy issues are a high priority for us and we follow standard industry practices to maintain your personal information. Please read our entire Privacy Policy, which is incorporated herein by reference.

11. Disclaimer of Warranties.
YOUR USE OF BARDIC WEB IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED BY BARDIC WEB ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BARDIC WEB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH BARDIC WEB IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE AND NOT BY BARDIC WEB.

BARDIC WEB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON THE WEBSITE, INCLUDING THAT [A] BARDIC WEB AND ITS SERVICES WILL MEET YOUR REQUIREMENTS, [B] BARDIC WEB WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, [C] THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THOUGH BARDIC WEB WILL MEET YOUR EXPECTATIONS, BE RELIABLE OR ACCURATE, AND [D] ERRORS IN THE SOFTWARE WILL BE CORRECTED.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH BARDIC WEB, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR ITS SERVICES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BARDIC WEB IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12. Links.
a) Linked Sites: For your convenience, Bardic Web provides links to other websites not in our control ("Linked Sites"). You acknowledge that Bardic Web does not endorse these Linked Sites (even if they pop up in a frame) or any links contained in these Linked Sites. In addition, Bardic Web is not responsible for any content that appears on these Linked Sites or for any data collected on you at these Linked Sites.

b) Third Party Merchants and Advertisers: You acknowledge that Bardic Web does not control the performance of merchants or advertisers that appear on Bardic Web. Therefore, if you choose to purchase a product or service, you release us from any and all claims you may have regarding the third party's failure to deliver or perform.

13. Void Where Prohibited.
Although Bardic Web is accessible worldwide, not all products or services discussed or referenced on Bardic Web are available to all persons or in all geographic locations or jurisdictions. Bardic Web reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on Bardic Web is void where prohibited.

In addition, Bardic Web makes no representation that materials on Bardic Web are appropriate or available for use in locations outside Canada; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access Bardic Web from locations outside Canada do so on their own initiative and are responsible for compliance with local laws.

14. Limitation of Liability.
IN NO EVENT SHALL BARDIC WEB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM [A] THE USE OR THE INABILITY TO USE OUR SERVICES OR ACCESS CONTENT, [B] THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM TRANSACTIONS ENTERED INTO THROUGH OR FROM BARDIC WEB, [C] THE UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA, [D] STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR [E] ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF Bardic Web HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

FURTHER, BARDIC WEB’S LIABILITY TO YOU IS LIMITED TO THE AMOUNT OF NETWORK SERVICE FEES PAID BY YOU TO BARDIC WEB.

15. Indemnification.
You agree to indemnify, defend and hold Bardic Web harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of Your Content, your use of Bardic Web, your connection to Bardic Web, your violation of this Agreement, our Code of Conduct or our Privacy Policy, and the development, operation, maintenance, use and contents of your website.

16. Financial Transactions.
If you make any financial transactions on Bardic Web, including paying for network services fees, advertising banners, product placements, products or services, you may be asked for credit card or other payment information. You agree that all information you provide is accurate, complete and current and that you will pay all charges owed, including any applicable taxes.

17. Termination.
Bardic Web reserves the right to discontinue in whole or in part any portion of Bardic Web’s services or programs with or without notice.

You acknowledge that Bardic Web, in its sole discretion, may suspend or terminate your account, including the payment of royalties and/or remove all or part of Your Content immediately and without notice for any reason whatsoever, including if Your Content or use of Bardic Web has violated this Terms of Use, the Code of Conduct or Privacy Policy. If Bardic Web terminates your account, you will be given ten (10) days within which to copy or remove Your Content from Bardic Web. If you do not remove Your Content after termination, Your Content will be deemed Community Data as defined in paragraph 5(b) of this Agreement and Bardic Web may retain, use, remove or discard Your Content in its sole discretion accordingly.

You may terminate your account at any time by sending an email to feedback@BardicWeb.com. However, it is your responsibility to remove Your Content from Bardic Web prior to termination, if you don't want it to appear on the site. By leaving Your Content on Bardic Web after your termination, Your Content will be deemed Community Data as defined in paragraph 5(b) of this Agreement and Bardic Web may retain, use, remove or discard Your Content in its sole discretion accordingly.

Upon termination, all rights granted to you shall cease, including your rights to earn and be paid royalties; provided, however, that your right to be paid for money earned through the date of termination and for any royalties owed you from derivative works or syndication will remain payable to you unless they were fraudulently accrued.

Termination of this Agreement by either party shall not act as a waiver of any breach of this Agreement and shall not act as a waiver or release of obligations under this Agreement. All paragraphs relating to Licenses, Disclaimers, Indemnifications and Limitations of Liability survive termination. This Agreement will continue to apply to all past use of Bardic Web by you, even if you are no longer using Bardic Web.

18. Independent Investigation.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT MEMBER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS USER AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN Bardic Web OR ITS PROGRAMS AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENTS OTHER THAN AS SET FORTH IN THIS AGREEEMENT.

19. Notices.
All notices to Bardic Web pursuant to this Agreement shall be sent to the following email address: Feedback

All notices to you under this Agreement shall be sent to the email address supplied by you during the online registration process. Notice shall be deemed given 24 hours after the email is sent. Alternatively, we may give you notice by certified mail, postage prepaid, return receipt requested, to the postal address provided by you to Bardic Web. You may change the email address to which we should send notices by changing your Bardic Web profile online to reflect your new email address.

20. Relationship of Parties.
Bardic Web and you are independent contractors. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or otherwise, that reasonably would contradict anything in this section.

21. Assignment, Waiver, Entire Agreement, Severability, Force Majeure.
You may not assign, sublicense, transfer or otherwise convey this Agreement without Bardic Web’s prior written consent, even pursuant to a change of control. Bardic Web shall have the right to assign, sublicense, transfer or otherwise convey this Agreement, without notice and without being subject to further liability or recourse. Subject to this restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.

Bardic Web’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of Bardic Web’s right to subsequently enforce such provision or any other provision of this Agreement.

This Agreement shall constitute the entire understanding of the parties with respect to the subject matter, superseding all prior or contemporaneous promises, agreements, or understandings, whether written or oral.

If any provision of this Agreement is found invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

No failure or omission by either party in the performance of any obligation under this Agreement shall be deemed a breach of this Agreement nor create any liability if the same shall arise from any cause or causes beyond the reasonable control of such party, including flood, extreme weather, fire, Internet brown out, or other natural calamity.

Procedure for Making Claims of Copyright Infringement. Bardic Web respects the copyrights of others and intends to act in good faith and in full compliance with the Digital Millennium Copyright Act of 1998. If you believe that your work has been copied in a way that constitutes copyright infringement, send notice to Bardic Web’s designated agent in accordance with 17 USC §512. For the specific notification requirements, please read Notification of Copyright Infringement.

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