
Emmerich Berlon Terms & Conditions

Copyright © 2006-2007
Please read this Notice carefully before using this Website. Using this
Website indicates that you accept the terms below regardless of whether
or not you choose to register with us, together with accepting in full
our Standard Conditions of Sale. If you do not accept either of these
terms, do not use this Website. This is the Website for EMIR Commercial Sales.
The content of this web site may not be copied, replaced, distributed,
published, displayed, modified, or transferred in any form or by any
means except with the prior permission of the Emmerich Berlon. Copyright infringement
is a violation of federal law subject to criminal and civil penalties.
Introduction
a) Most of the website can be accessed by you without registering with
us. However there are certain areas of this Website which are only available
to registered users.
b) Through accessing any part of this Website, you shall be deemed to
have accepted this legal notice in full, together with our Conditions
of Use. If you do not accept these legal notices in full, you must leave
this Website immediately.
c) Emmerich Berlon may revise this legal notice at any time. Certain provisions
of this legal notice may be superseded by expressly designated legal
notices or terms located on other pages of the Website
ATTENTION: This legal notice applies to the contents of this website
under the domain name www.emir.co.uk and to any
correspondence by e-mail.
Links to Third Party Sites
Any links provided herein may allow the user to leave this site. The
linked sites may not be under the control of the Emmerich Berlon and Emmerich Berlon shall not be responsible for the content of any linked site or link
contained in a linked site. Emmerich Berlon may provide these links as a convenience
only, and the inclusion of any link does not imply an endorsement by
the Emmerich Berlon of that site.
Software
Any software ("Software") that may be made available to download from
the server of this Site may be the copyrighted work of the Emmerich Berlon
and/or its suppliers. Use of the Software is governed by the terms of
the end user license agreement, if any, which accompanies or is included
with the Software ("License Agreement"). The Software is made available
for downloading solely for use by end users according to the License
Agreement. Any reproduction or redistribution of the Software not in
accordance with the License Agreement is expressly prohibited by law.
Without limiting the foregoing, copying or reproduction of the software
to any other server or location for further reproduction or redistribution
is expressly prohibited. The software is warranted, if at all, only according
to the terms of the license agreement. Except as otherwise limited by
applicable law and except as warranted in the license agreement, Emmerich Berlon hereby disclaims all warranties and conditions with regard to the
software, including all implied warranties and conditions of merchantability,
fitness for a particular purpose, title and non-infringement.
License
a) You are permitted to print and download extracts from this Website
for your own use on the following basis:
i) No documents or graphics on this Website are changed
ii) The Website’s Logo and Emmerich Berlon appears in all copies.
b) Unless otherwise stated, the copyright and other intellectual property
rights in all material on this Website (including without limitation
photographs and images) are owned by Emmerich Berlon. For the purposes of
this legal notice, any use of pictures or other extracts from this Website
other than in accordance with paragraph 2(a) for any purpose is prohibited.
c) If you breach any of the terms in this Legal notice, your permission
to use this Website automatically terminates and you must immediately
destroy any downloaded or printed extracts from this Website.
d) Subject to paragraph (a), no part of this Website may be copied or
stored in any other website or included in any public or private electronic
retrieval system or service without the Emmerich Berlon’s written permission.
Disclaimer
Emmerich Berlon does not warrant that the functions contained in this site
will be uninterrupted or error-free, that defects will be corrected,
or that this site, including bulletin boards or the server that makes
it available are free of viruses or other harmful components. This disclaimer
of liability applies to any damages or injury caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration of, or use
of record, whether for breach of contract, tortuous behaviour, negligence,
or under any other cause of action. You specifically acknowledge that
Emmerich Berlon is not liable for the defamatory, offensive or illegal conduct
of other subscribers or third parties and that the risk of injury from
the foregoing rests entirely with you.
Limitation of Warranty
The data and information contained in this web site are believed to
be accurate, but are provided "as is" without warranty or condition of
any kind, either express or implied including, but not limited to the
implied warranties of merchantability and fitness for a particular purpose.
In no event shall Emmerich Berlon be liable for any damages of any kind whatsoever,
including any special, indirect, or consequential damages, relating to
the use of this site except as otherwise limited by applicable law. Emmerich Berlon recommends only those applications for its products that are specified
in its catalogues or other Emmerich Berlon literature, and hereby disclaims
any liability for uses other than those specified. The products are warranted,
if at all, only according to their terms and conditions of sale.
Indemnification
You agree to defend, indemnify and hold harmless Emmerich Berlon, its affiliates,
licensees and their respective directors, officers, employees and agents
from and against all liabilities, claims, damages, and expenses, including
attorneys' fees, arising out of your use of the site, or your violation
or alleged violation of the terms of this Agreement.
Other
This agreement shall be governed by and construed in accordance with
the English laws without giving effect to any principles or conflicts
of law. If any provision of this agreement shall be unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability
of any remaining provisions.
Availability of the Website
Emmerich Berlon will always try to ensure that this Website is available
24 hours a day. If this is not the case, Emmerich Berlon is not liable for
any reason or loss caused by non availability of the site.
a) Access to this Website may be suspended temporarily and also without
notice in the case of system failure, maintenance or updating.
Use of the Website
a) Any information you transmit or post to this Website shall be kept
secure and not distributed to any third parties or agencies.
b) You are prohibited from posting or transmitting to or from this Website
any material:
(I) that is offensive, threatening, obscene, indecent, pornographic,
abusive, or liable to incite racial hatred,
(ii) For which you have not obtained all necessary licenses and/or approvals
(iv) Which constitutes or encourages conduct that would be considered
a criminal offence or give rise to civil liability, or otherwise be contrary
to the law of or infringe the rights of any third party
(v) electronically disruptive (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components, corrupted
data or other malicious software or harmful data).
c) You may not misuse the Website (including hacking).
Registering on the Site
a) Each registration is for a single user only. Emmerich Berlon does not
permit you to share your user name and password with any other business
or third party.
b) Responsibility for the security of any passwords issued by Emmerich Berlon or changed by yourself rests with you.
c) If an order is made through your registration, it will be treated
as made by yourselves and you will be held liable for the debt and deemed
to have made the transaction yourself, regardless of whether it was yourselves
whom placed the order.
User Access
Emmerich Berlon may at any time, in its sole discretion: (1) revoke the access
of any user to this Site; (2) modify, change, withdraw, or delete this
site and/or any of these conditions of use in whole or in part.
Termination
This agreement is effective until terminated by Emmerich Berlon, at any time
without notice. In the event of termination, you are no longer authorized
to access the bulletin boards, and the restrictions imposed on you with
respect to material downloaded from the bulletin boards, the disclaimers
and limitations of liabilities set forth in this agreement, shall survive.

