Terms of Service
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.
3. Code of Conduct.
4. Registration, Account and Password.
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.
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.
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.
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.
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.
All rights to the Bardic Web Material not expressly granted herein are reserved.
11. Disclaimer of Warranties.
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.
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.
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.
FURTHER, BARDIC WEB’S LIABILITY TO YOU IS LIMITED TO THE AMOUNT OF NETWORK SERVICE FEES PAID BY YOU TO BARDIC WEB.
16. Financial Transactions.
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.
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.
21. Assignment, Waiver, Entire Agreement, Severability, Force Majeure.
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.