Welcome and General Information
CapitalBerg warmly welcomes you to our online news, communication and information service offered to you via the World Wide Web as well as additional digital means, such as mobile applications. Our online news service offers round-the-clock news coverage and your use of the Services (a term describing the sum of services that Capitalberg offers, including, but without limitation, the website, the mobile applications, mobile-optimized site, forums, and discussion threads) is governed by the rules and regulations presented in the present Terms of Service Agreement (referred to henceforth as “Agreement”).
YOU HEREBY AGREE THAT, UPON VISITING CAPITALBERG.COM AND USING THE SERVICES BEING OFFERED TO YOU BY CAPITALBERG, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS AS THEY ARE PRESENTED IN THIS AGREEMENT. IF YOU DO NOT WISH TO OR DO NOT AGREE WITH THESE TERMS, PLEASE DISCONTINUE YOUR USE OF CAPITALBERG AND ITS SERVICES.
Your use of the services must also adhere to strict age requirements. You hereby agree and warrant that you are at least 18 years of age or, in the case that you have not yet turned 18, you are accessing the services with the consent of a parent or a legal guardian.
Also, please be informed that Capitalberg may, at any time, for whatever reason and without any notice to you, decide to edit, modify or delete portions of the two agreements. The modifications become enforceable once they are posted online (you will be able to see the last update of the document at the end of the corresponding page). Your continued use of the Services following the modifications represents your agreement that you have read and pledged to comply with the modifications.
Access to the Services and Cost
Capitalberg offers you its services free of charge, so that you may enjoy the many materials and content put at your disposal. Certain portions of the Services, however, may be available only to registered users, in which case, you must first become a member of Capitalberg to gain full access to these portions. If you decide to become a member of Capitalberg, you will assume responsibility for all activities that originate from your account, regardless of whether you are the author of that activity or whether you have authorized it or not. Also, please note that you must also assume responsibility for maintaining your credentials confidential, so that no unauthorized person may access your account.
Capitalberg reserves the right to, at any time, for any reason and without prior notice to you, delete or terminate your membership as well as deny your access to the Services.
The information and materials presented to you via the services are aimed to serve you for personal, informational, educational and non-commercial purposes only. As such, your use of the website and all the services provided by Capitalberg must comply with any and all applicable local, state and federal laws, including, but without limitation, national and international copyright law. This is an advertising-supported service and as such, we encourage you to encourage the advertisers that allow this service to function.
Intellectual Property and Copyright Information
The materials published on Capitalberg is collectively referred to as “website content” and include (without limitation) the following:
- All text, written articles
- Illustrations, images, files, photographs
- Audio and video clips
- All sounds, graphics, information content, materials
- URLs, technology, software, scripts, technology, documentation
- Intellectual proprietary rights, trademarks, service marks, trade names, trade dress, etc.
The Website as well as the entirety of its published content is the property of Capitalberg and/or its licensors. Upon using the services, you are not acquiring any right, interest or title regarding to the website or any of the website content.
Limitations and Restrictions
Except for the cases specifically described in the present Agreement, you MAY NOT use, exploit, reproduce, copy, reprint, publicly perform, distribute, sell, publish, create derivative works based upon or otherwise make use of any portions of the website content. In order to use the content presented on Capitalberg, you must first obtain a written consent from us, or the third-party content owner. As previously stated, you may use the Services for your personal, informational, educational, non-commercial purposes and as such, in certain instances, you may be permitted to download or print portions of the content (one single copy). When doing so, you acknowledge and agree that you have not obtained any intellectual property rights. The following are also restrictions pertaining to your use of the Services:
- You are prohibited from destroying, deleting, removing, covering or altering any trademark, patent right notice, or other proprietary rights notice on the content;
- Make use of any type of software that by-passes, circumvents or interferes in any way with the security features of the Services;
- Make use of software of other automatic devices that work by “crawling”, “spidering” or “scraping” the website and its content. We have decided to grant public search engine operators a revocable permission to employ such software or devices for the sole purpose of creating a searchable index of the website content, so that it may be made available to the general public;
- Attempt to collect, harvest or otherwise obtain personally identifiable information from the Services;
- Attempt to or use software or devices that succeed in interfering with the proper functioning of the Services;
- Impair, overburden or disable the Services or the servers they rely on;
- Make use of software or devices that work by disassembling, decompiling, reverse engineering or perform network monitoring for the purpose of determining the architecture of the website or the Services or to extract usage data or personal information from the Website;
- Use the services in any way that encourages unlawful conduct or that is, in itself, a violation of US local, state or federal legislation, including but without limiting, violations of the Export Administration Act or the Export Administration Regulations.
Member Contributed Content and General Conduct Requirements
Capitalberg encourages its readership to engage with the Services as well as other users of the website in constructive dialogue by offering discussion threads and comments sections. As such, you are invited to submit or make available any materials you consider relevant or interesting, such as text messages, emails, video and audio content, photographs or other type of content that is displayed as “member contributed content”. Please understand that these contributions lie under your sole responsibility and as such, you must conform to the posting guidelines as they are published below.
Upon deciding to contribute with content to Capitalberg and the Services it provides, you expressly grant us a royalty-free, worldwide, non-exclusive, perpetual, irrevocable and sub licensable license to use, copy, create derivative works, include in, distribute, modify, transmit, display, publicly perform, adapt, transmit or sell the content that you have contributed. Simultaneously, you also waive the right and give up any present or future claims that you may have that our use of your content is in violation of any rights you may have over the content (including but without limitation, intellectual property or moral rights).
Despite the fact that we encourage the free, open and unrestricted exchange of ideas and viewpoints, we urge our users to do so in a way that reflects civility and mutual respect. As such, your contributions to the Services MUST reflect the following guidelines:
- Your contributions cannot, in any way, infringe on the right of other Capitalberg users of enjoying the Services.
- Provide information that misrepresents you, that is misleading, inaccurate, false or contains error.
- Makes use of the Services in order to serve unlawful purposes of any kind.
- Contains materials and content that infringe upon the rights of another person, including, but without limitation, patent, trademark, copyright, trade secret or other intellectual proprietary rights.
- Impersonates another person.
- Suggests or claims that you are endorsed or affiliated with Capitalberg.
- May not encourage misconduct or conduct that would represent a criminal offense.
- Contains personally identifiable information, such as, but without limitation, name, surname, employer identification, telephone number, email address, account numbers, social security numbers, home address.
- Represents an advertisement or fund solicitation/
- Are objectionable in any of the following ways (including but without limitation): are threatening, abusive, hateful towards certain groups formed on the basis of gender, religion, sexual orientation, ethnicity, race; defamatory, vulgar, obscene, sexually descriptive, profane, pornographic in nature or objectionable in any way.
Capitalberg reserves the right, however, not the obligation, to review member contributed content and remove, edit, modify or delete any contribution that does not respect the aforementioned guidelines.
Third Party Content and Links to Third Party Websites
You hereby agree to defend, indemnify and hold harmless Capitalberg and all of its parents, affiliates, directors, managers, employees, contributors, licensors, partners and subsidiaries from:
- Your use, misuse or inability to access or use Capitalberg and its Services;
- Any alleged or actual violation of the Terms and Regulations as they are stated in the present Agreement;
- Any alleged or actual violation on your part of any third-party right, including but without limitation, any copyright, trademark, trade secret or privacy right regarding any user member contributed content stemming from your account.
Despite the fact that Capitalberg strives for accuracy in all of its reporting activities, we do not offer any warranties or guarantees as to the correctness, completeness, accuracy and timeliness of the information or databases put at your disposal on the services. YOU HEREBY AGREE THAT YOUR USE OF THE WEBSITE IS SOLELY DONE AT YOUR RISK AND THAT ANY AND ALL CONTENT PROVIDED TO YOU VIA THE SERVICES ARE DONE SO ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAPITALBERG OFFERS NO WARRANTIES, BE THEY EXPRESS OR IMPLIED, AND DISCLAIMS ANY AND ALL WARRANTIES THAT THE MATERIALS AND CONTENT BROUGHT TO YOU VIA THE SERVICES WILL:
I) PROVE SATISFACTORY AND MEET YOUR REQUIREMENTS;
II) ALL WARRANTIES THAT THE SERVICES AND CONTENT WILL BE PROVIDED TO YOU CONSTANTLY, WITHOUT INTERRUPTIONS, WILL BE ACCURATE, SECURE, USEFUL, TIMELY, WILL CONTAIN THE INFORMATIONAL CONTENT THAT YOU EXPECT, WILL BE ERROR-FREE, COMPLETE AND CORRECT;
III) ANY AND ALL WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SERVICES OR GOODS THAT ARE RECEIVED THROUGH, ADVERTISED ON OR FEATURED ON OUR WEBSITE;
IV) WARRANTIES REGARDING THE RELIABILITY, ACCURACY COMPLETENESS, CORRECTNESS AND TIMELINESS OF THE RESULTS THAT YOU MAY OBTAIN AS A RESULT OF YOUR USE OF THE WEBSITE;
V) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE FREE OF INTERRUPTIONS AND COMPLETELY SECURE;
VI) WARRANTIES THAT THE ERRORS AND OMISSIONS WILL BE CORRECTED;
VII) WARRANTIES REGARDING ANY DECISION THAT MAY BE FOUNDED ON ANY INFORMATION YOU HAVE OBTAINED VIA THE SERVICES. PLEASE NOTE THAT CAPITALBERG DOES NOT OFFER ANY TYPE OF FINANCIAL, HEALTH OR PERSONAL ADVICE AND AS SUCH, YOUR DECISIONS ARE YOUR SOLE RESPONSIBILITY.
LIMITATION OF LIABILITY
In no event and under no circumstance will Capitalberg, its officers, managers, partners, parent companies, employees, directors, contributors, successors, affiliates, subsidiaries or distribution partners be held liable for damages (be they indirect, incidental, consequential, exemplary or special) even in the case that Capitalberg has received prior warnings as to the possibility of such damages, that may have arisen out of, due to, relating to or in any way connected with your use, misuse or inability to use the website or these terms and conditions.
The same limitations of liability are also applicable in the case of damages that have occurred as a result of services or products which you may have obtained through the services, or advertised in connection with the website, the Services or links present on the website. Additionally, please understand that the same limitations apply with respect to costs, damages and losses that may have occurred as a result of your use of a third-party product or website.
Notwithstanding the aforementioned, under no circumstance shall the cumulative liability of Capitalberg, its officers, managers, partners, parent companies, employees, directors, contributors, successors, affiliates, subsidiaries or distribution partners exceed more than the total payments that Capitalberg has received from you during the preceding 12 month period or $100.
Termination, Suspension and Additional Terms
Capitalberg reserves the right to terminate, suspend or restrict your access to the services at our sole discretion, at any time and without any prior notice to you. However, even in the case of such as suspension, your obligations to us as they are presented to you in this agreement shall remain unaffected.
Last Update: 14.08.2015