TERMS
Welcome to Berggi. Please read the following Terms of Use carefully before using our Web site or ordering/downloading any of our products into your phone, so that you are aware of your legal rights and obligations with respect to Berggi and its affiliates and subsidiaries (individually and collectively, "Berggi").
By using our Web site, cell software and services (individually and collectively, "Berggi service"), you irrevocably accept of these Terms of Use. You also agree to ensure that anyone who uses Berggi on your computer or in your cell phone also abides by the Terms of Use. Berggi has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Berggi service shall be deemed irrevocable acceptance of those revisions.
We reserve the right to change, modify, suspend or discontinue any portion of the Berggi service at any time. We may also impose limits on certain features or restrict your access to parts of the Berggi service without notice or liability.
USE OF BERGGI SOFTWARE
All Berggi software, interchangeably referred to as (the "software"), and related documentation that are made available by download from any source and in any medium or format are the copyrighted work of Berggi. Use of the software is governed by the terms of the end-user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end-user license agreement unless you agree to the terms of such end-user license agreement. If you do not agree to such terms, you will not be able to use the software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the software available on the Berggi service.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Berggi, the materials in or purchased through Berggi or any entity directly or indirectly offering or including Berggi are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Berggi disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
Without limiting the foregoing, Berggi does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. Berggi does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not Berggi) assume the entire cost of all necessary servicing, repair or correction.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the Berggi service, we include links to other Web sites on the World Wide Web portion of the Internet and that Berggi has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such Web sites and you hereby irrevocably waive any claim against us with respect to such Web sites.
Under no circumstances, including, but not limited to, negligence, shall Berggi be liable for any special or consequential damages that result from the use of, or the inability to use, of Berggi service, even if Berggi or a Berggi authorized representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from Berggi or from or through the Berggi service shall create any warranty not expressly stated in the terms of use. In no event shall Berggi's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials or products.
TERM OF USE
The license for use of the Berggi service and the materials is effective until terminated. You may terminate it at any time by destroying the materials together with all copies thereof. This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by Berggi to effect such termination. Upon termination of this Terms of Use, you agree to destroy the materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to Berggi at your expense.
LINKS
Berggi may provide links to other Web sites from the Berggi Web site. Berggi is not responsible for the content or for the accuracy of the information, products offered, and intellectual property notices therein those links and linked sites.
BEHAVIOR AND ETIQUETTE
Berggi advises you to observe laws and respect when using any of Berggi's messaging features and when exchanging and sharing files and profiles with other Berggi members.
You may not submit, publish or propagate through Berggi any materials (yours or otherwise) that are pornographic, libelous, defamatory, obscene, abusive, illegal, racist, offensive, an invasion of privacy, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party.
You may not submit, publish or propagate materials through Berggi that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any cell phone or computer.
Berggi does not audit or monitor the contents of the messages or profiles and files of its members.
Notwithstanding any rights or obligations governed by the additional terms, if, at any time you upload or post materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Berggi service you automatically grant Berggi a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the materials in advertising, promotion and publicity for the Berggi service, Berggi and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any rights in and to the materials.
SUBMISSIONS TO BERGGI
Certain parts of the Berggi service may ask for written suggestions or problem reports such as using our contact form or problem report form ("submissions"). In such a case, please read carefully the specific terms, which govern those submissions ("additional terms"). In the absence of additional terms, the Berggi Terms of Use shall govern your legal rights with respect to those submissions.
The submissions shall be deemed the property of Berggi. Berggi shall exclusively own all now known or hereafter existing rights to the submissions throughout the universe in perpetuity and shall be entitled to use the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. In any event, any submissions you send to Berggi will not be treated as confidential and Berggi shall not be liable for any disclosure of the submissions.
MEMBERS' ACCOUNTS SECURITY
Berggi does not warrant that the functions contained in the service provided by the Berggi service will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each Berggi member will select a password ("password"). You shall provide Berggi with accurate, complete, and updated account information including your cell phone number. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Berggi service and account. You may not submit other peoples' cell phone numbers as if they are yours. You may not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a user name that Berggi, in its sole discretion, deems inappropriate or offensive.
You shall notify Berggi of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Berggi service and account, at Berggi's sole discretion, and you may be reported to appropriate law-enforcement agencies.
COPYRIGHT VIOLATION NOTIFICATIONS
Berggi will investigate legal notices of copyright violations on Berggi service by its members and take appropriate actions. The notice to Berggi to inform one or more of our members copyright violations must be prepared and presented in written and follow the proper Unites States legal and lawful codes.
TRADEMARKS
Berggi, Berggi Short Cuts, Berggi Remote Control, Berggied, Get Berggied, Lets Berggi, Do You Berggi, I Berggi, I Berggi Everyday, the Berggi Logo and bIM, bMail, bTXT, bFILE, bSOCIAL and other marks indicated on our Web sites, software, service and material are trademarks of Berggi Inc.
Berggi's trademarks and trade dress may not be used in connection with any product or service that is not Berggi's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Berggi. All other trademarks not owned by Berggi or any of its related companies that appear in Berggi service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Berggi.
COPYRIGHT
All Berggi created content that appear in Berggi Website, software, service, material such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, is the property of Berggi Inc., and is protected by United States and international copyright laws.
PRIVACY
Please see our privacy statement for our privacy policies.
APPLICABILITY
Berggi service is controlled and operated by Berggi. Berggi makes no representation that materials in the Berggi service are appropriate or available for use in your location. Those who choose to access the Berggi service from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
INDEMNITY
You agree to indemnify and hold Berggi, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Berggi service, your use of the Berggi service, your connection to the Berggi service, your violation of the Terms of Use, or your violation of any rights of another person or entity.
GOVERNING LAW
By accessing and using Berggi service, you and Berggi agree that all matters relating to your access to, or use of, Berggi service shall be governed by and construed in accordance with the laws of the United States of America.
ADVERTISING
When you download Berggi application in your mobile phone, you expressly agree and consent to: (a) receive SMS communications from Berggi and (b) automatically receive advertisements on your mobile device within Berggi application.