You are invited to use the Website on the basis of the terms and conditions of use set out below.
By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.
Berghaus may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.
If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.
These Terms and Conditions regarding your use of the Website constitute a legally binding agreement between you and Berghaus.
These Terms and Conditions will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms and Conditions, the Privacy Policy, any additional terms or rules featured in the Website, including any indemnifications, warranties and limitations of liability.
The Website may offer the following features to you: voting, competitions, prize draws, video clips, downloading of screensavers, desktops and sound files (the “Features”). The Website may also provide rules of participation for certain Features including, but not limited to competitions and prize draws, membership clubs, and email services.
You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:
Not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;
Not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any other user of the Website or other party;
We are happy to receive from you any ideas, suggestions, graphics, mixes, pictures or anything else, but do please remember that, by sending us your submission (the “Material”) you will be deemed to have granted to Berghaus (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive, sublicenseable and transferable license and right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material. By submitting your Material to this site, you also warrant that:
This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by it as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose. So remember don’t send us your Material if you don’t want us to use it or the world to know it.
Please ensure that you read our Privacy Policy to learn about what personal information we collect at this site, how we handle it and for what purposes we use it.
Berghaus makes every effort to ensure that the content of the Website is accurate and up-to-date, but Berghaus does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
Berghaus may remove material or Features, from the Website at its own discretion and without any notice.
This Website is intended to provide amongst other things, information relating to Berghaus products and is designed for personal, non-commercial use only.
You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) selling on of any products purchased from the Website to Ebay or any other auction site advertising or to promote or encourage traffic to any other website.
Berghaus does not verify, endorse, or have any responsibility for any third party websites, their business practices, or any goods or services associated with or obtained in connection with any such website which is linked to or from this website. For the avoidance of doubt, Berghaus is not responsible for the content in any such third party website.
You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”), shall remain at all times vested in Berghaus and that these are protected by copyright and other laws and international treaty provisions.
You may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Berghaus to do so.
All trade marks appearing on the Website are used by Berghaus with permission from the relevant trade mark owners and nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.
The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.
While Berghaus takes all reasonable steps to ensure that the Website is properly functioning at all times, Berghaus does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.
Berghaus has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Berghaus shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.
Berghaus does not exclude liability for death or personal injury. However, by accepting these Terms and Conditions, you accept that Berghaus cannot be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.
These terms and your use of this Website shall be governed by and construed in accordance with English Law.
By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
This Website is not intended for use of access by any person or company in any jurisdiction other than England and Wales. Those who choose to use or access this Website from other jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.
© Berghaus Limited, 2007. All Rights Reserved.
BERGHAUS, AIRFOIL, AQUAFOIL, BIOFLEX, BIG WALL, EVABREATHE, PHOBIC are registered trade marks of Berghaus Limited.
THINKING ON YOUR FEET, OPTI-STUD, EHS, BUILT WITH NATURE, ATOR, 365LIFE are trade marks of Berghaus Limited.
GORE-TEX PRO SHELL, GORE-TEX PERFORMANCE SHELL, GORE-TEX PACLITE SHELL, GORE-TEX SOFT SHELL, GUARANTEED TO KEEP YOU DRY AND GORE are registered trade marks of W.L. Gore and Associates. POLARTEC THERMAL PRO, POWER STRETCH, POWER DRY, WIND PRO, WIND BLOC, CLASSIC 300, CLASSIC 200 are registered in the United States and in other jurisdictions for fabrics only available from Malden Mills Industries Inc. PERTEX, PERTEX ENDURANCE are registered trade marks of Mitsui & Co. Ltd. CORDURA, LYCRA, and THERMOLITE are registered trade marks of Invista for durable fabrics. X-STATIC is a registered trade mark of Nobel Fiber Technologies Inc. PRIMALOFT is a registered trade mark of Albany International Corp. DRI-RELEASE and FRESH GUARD are registered trade marks of Optimer Performance Fibers Inc. SCHOELLER ORIGINAL SOFT SHELL and NANOSPHERE are registered trade marks of Schoeller Technologies Switzerland. SKYWALK is a registered trade mark of Skywalk SPA.
For further details email Berghaus: enquiries@Berghaus.com
You may also write to us at:
Website Moderator
Marketing Department
Berghaus Limited
12 Colima Avenue
Sunderland
Tyne & Wear
SR5 3XB
England
Berghaus is committed to meeting the requirements of all relevant laws and codes including the Data Protection Act 1998 and is registered with the Information Commission under registration number 871405 (VAT number: GB231045121) as a Data Controller.
This Privacy Policy sets out the ways Berghaus processes any personal data collected via its website at www.Berghaus.com (the “Website”).
Most of the Website is free for you to browse through and read. There are a few occasions when we ask you to fill in a form and give us some information on yourself:
We only collect personally identifiable information (such as your name, email address or country of residence) if you choose to fill out a form.
Providing personal information is up to you. We collect personally identifiable information to enter you in contests and notify you of results, to email you with updates, news and special offers, to respond to your questions or comments, to register you for certain features on the Website.
If you register on the Website we ask you to let us know if you would like to receive further information or updates from us via email. We will only send you an email update if you request to receive it. We don't want to bombard your inbox, so the most updates we will send you is one a week - but normally it is only one every fortnight or less. (We might send you a more frequent update if a really cool event or offer is coming up that you might be interested in).
We always provide you with the opportunity to opt out of receiving communication via email. You can do this on the Website by clicking on to the Register/Log In section and selecting the “Delete Details” option.
Berghaus may use cookies in order to provide a better service or identify which pages on the Website are of special interest. A cookie is a small piece of information which a website stores via your web browser on your PC and which can later be retrieved. Cookies cannot be read by a website other than the one that set them. The main objective is to identify users and personalise their visit by customising web pages for them, for example by welcoming them by name next time they visit the same website. Most cookies last only through one session or visit to our Website. None will contain information that will enable anyone to contact you via telephone, email, or any other means. You can set up your web browser to inform you when cookies are set or to prevent cookies from being set.
We sometimes offer links to other websites we use and recommend. However, we are not responsible for the content or information collection policies of websites operated by other companies. If you visit another website, you should review their privacy and other policies.
Any changes to the Privacy Policy will be posted here.
If Berghaus wishes to make material changes to the way we use your personal information we will ask for your consent before we do so.
If you would like us to access information we have about you, or have questions about our privacy policy, please contact our moderator at:
enquiries@berghaus.com
You may also write to us at:
Website Moderator
Marketing Department
Berghaus Limited
12 Colima Avenue
Sunderland
Tyne & Wear
SR5 3XB
England
If you do not wish to receive any future communications from us, we suggest that you do not choose the opt-in tick boxes when completing your registration details. If you choose not to opt-in Berghaus will NOT use your personal details to contact you or send you any information by e-mail and/or postal mail.
Berghaus (and those people or companies employed by Berghaus who help make this Website, its content and its services) use the information you tell us in order to respond to your feedback - like writing a new feature because you asked for it, or running a new competition.
Beyond this, we DO NOT share your information with, or sell your information to any partner, company or third party agent not involved with Berghaus and the creation of this Website. We make sure that if you sign up to a Berghaus update, you only get a Berghaus update.
We have instituted safeguards to check that our internal procedures meet our high policy standards. We also use our best efforts to be sure that third parties who work with us as our agents to make this Website and its contents available to you, and to fulfil your orders and requests, agree to protect personal information that they must access in order to serve our Website and our visitors. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
Except as otherwise provided, Berghaus will NOT disclose any information processed by us to any third party, unless required to do so by law.
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