PLEASE READ THESE TERMS CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS. IN PARTICULAR, PLEASE READ THE SECTION TITLED GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION, WHICH REQUIRES ALL DISPUTES TO BE SETTLED BY INDIVIDUAL BINDING ARBITRATION.
GRANT OF LICENSE TO SERVICE
Berlioz does not claim any ownership to the information (including but not limited to data files, text files, executable files, audio files, video files, image files, etc.) which you transfer to Service Providers through the Service. All such information is referred to as "Your Files."
You, and not Berlioz, are solely and wholly responsible for Your Files and their creation, transmission, destruction, or display while using Berlioz and all of the consequences for your actions as it pertains to Your Files.
You are responsible for protecting, enforcing, and policing all intellectual property rights which may relate to Your Files. Berlioz has no obligation to do so on your behalf and has no technical ability to do so in reality.
Berlioz is not liable for any loss or damage which may be incurred by you as a result of the availability or non-availability of the Service Providers (this includes, but is not limited to, the ceasing of operations, the corruption or loss of data, the breach of data, or the Service Provider being down for maintenance).
WITHOUT LIMITATION OF THE FOREGOING, BERLIOZ DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS STORED ON ANY SERVICE PROVIDER, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF BERLIOZ IN RELATION TO SAID MATERIALS.
USE OF CONTENT
PRIVACY ON THIRD PARTY SITES
The Service may contain links to any number of other websites, including links to various third-party service providers, used for the purposes of providing information or processing your requests. Berlioz is not responsible for the privacy practices or the content of any of those websites. Please check those websites for privacy policies and read them thoroughly prior to using their website.
COPYRIGHT INFRINGEMENT NOTIFICATIONS
If you are a copyright holder and believe that material directly available via the Service infringes your copyrighted work, please let us know by sending a notice with the following information addressed to 3564 Collin Ct, Fremont, CA 94536:
- the copyright work alleged to have been infringed;
- the allegedly infringing material and information reasonably sufficient to help us locate the material on the Service;
- your contact information, including at least your complete name, address, phone number and e-mail address;
- a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- a statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
- your physical or electronic signature.
Our providing of information for purposes of remedying potential copyright infringements shall not be construed as an admission of liability on the party of Berlioz.
THIRD PARTY PRODUCTS, ADVICE AND SERVICES
We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on or through the Service. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party. Berlioz and its suppliers shall not be liable to you or any other person for any loss, damage or delay resulting from your use of these third-party services.
We use certain technologies and commercially reasonable efforts to ensure the confidentiality of Your Files. While we strive to use commercially acceptable means to protect Your Files, we cannot and do not guarantee absolute security of Your Files and shall not be responsible for any errors in transmission, unauthorized third-party access or other causes beyond our reasonable control; this includes, but is not limited to, the Service itself suffering a data breach and your credentials to Service Providers being compromised.
Technical errors, software engineering failures, and general issues with technology occur frequently, and data and time can be lost: a command you issue to deploy can fail to function, Berlioz can suffer downtimes owing to upgrades and maintenance, software glitches can cause Berlioz to shut down all of your applications, documentation can be lacking or nonexistent for a feature you wish to implement. In all cases, we strive to use commercially acceptable means to protect Your Files, keep the Service operational, and allow you access to the Service. We cannot and do not guarantee absolute stability and shall not be responsible for any issues, downtime or otherwise, and will not accept liability for any damages that result.
Service availability, price and time-related information appearing on the Service or website are subject to change. Berlioz is not responsible for any such changes and advises you to confirm all specific terms appearing on the or through the Service before acting in reliance on such terms.
Third-party products and services represented on the Service are not necessarily endorsed or recommended by Berlioz and Berlioz disclaims all responsibility regarding the performance or the use of third-party products and services. Berlioz does not necessarily endorse or sanction the content, products or actions of websites that are linked to or from the Service.
INDEMNITY AND LIMITATION OF LIABILITY
You agree to indemnify and hold Rudi, Inc. (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys' fees, resulting from or relating to your use of and access to the Service.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BERLIOZ BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN AND AVAILABLE THROUGH THE SERVICE, EVEN IF BERLIOZ OR A BERLIOZ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BERLIOZ'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 TO BERLIOZ OVER THE PREVIOUS TWELVE (12) MONTHS, IF ANY, FOR ACCESSING THE SERVICE. THE PARTIES AGREE THAT THIS REPRESENTS A REASONABLE ESTIMATION OF LOSSES AND DAMAGES THAT CAN BE INCURRED IN CONNECTION HEREWITH.
BERLIOZ, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
These Terms will be governed by the laws of the State of California, United States, without regard to conflict-of-law principles. You agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the state and federal courts in Alameda County, CA.
If you believe you have a dispute or claim against us arising out of your use of the Service or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.
If we are unable to resolve your concerns informally within 30 days after our receipt of your notice, you may file a claim in small claims court so long as you proceed only on an individual basis or commence an arbitration proceeding, which means YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL AND LEAD OR PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). For the avoidance of doubt, you agree that YOU MAY ONLY BRING CLAIMS AGAINST BERLIOZ IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, you agree that no arbitrator shall consolidate any other person's claims with your claims and may not otherwise preside over any form of a multi-party or class proceeding. You agree that the award of the arbitrator will be binding and may be entered as a judgment in any court of competent jurisdiction in the State of CA. You agree that we may seek interim or preliminary relief from a court of competent jurisdiction in CA, necessary to protect its rights or property pending the completion of arbitration.
You must file a demand for arbitration with the AAA within ONE (1) YEAR after the date your claim arose, or within the shortest time period permitted by applicable law. Otherwise, your claim is waived.
INTERNATIONAL USERS AND VISITORS
If you are accessing or using the Service from a jurisdiction outside of the United States, you understand and agree that such access and use shall be governed by these Terms and United States law.
By using the Service, you represent and warrant that you are 18 years of age or older. Your account may be terminated without warning if we believe that you are under 18 years of age.
The Service is intended for use by adults. We do not collect any personally identifiable information from any person that are known to be under the age of thirteen (13) without permission from a parent or guardian. If we learn that we have collected personally identifiable information from a child under the age of thirteen (13), we will delete that information as quickly and as completely as possible.
Your browser may permit, or may even default, to transmitting a "Do Not Track" header to websites and online services you visit. There is currently no industry standard for what a website can, or should, do when a user transmits such a header. As a result, the Service, along with most other sites, does not recognize or modify its behavior as a result of the receipt of a "Do Not Track" header.
These Terms may be subject to change; the result of any change will be reflected on these pages.
Revised : January 8, 2019