Terms Governing the Use of Berkuubik.com
These Terms of Service govern the contractual relationship between Berkuubik MB and the person using or accessing the www.berkuubik.com website.
By electronically accepting these Terms, the User agrees to the conditions governing access to the Site, use of its Content, and the rights and obligations described below.
Subject and Scope of the Terms
The subject of these Terms is to set out the terms and conditions regarding photographs, pictures, text, video, and other content reached from or shared on the Site (together, the “Content”), the use of the Site and services provided through the Site, and the rights and obligations of the parties in this respect.
All rules, notices, and declarations concerning the use of the Site that are presented on the Site shall be deemed annexes to and an integral part of these Terms.
By accepting these Terms, the User declares that they have read and understood all notices, warnings, and statements located or to be located on the Site.
Rights and Obligations of the Parties
User Conduct
The User shall comply with the terms that may be published on the Site from time to time, with the law, moral principles, and good faith in all operations conducted on the Site.
The User shall not conduct activities that may hinder the functioning of the Site or that violate or may violate the rights of third parties.
Intellectual Property
The Company owns all rights to the software, images, designs, texts, logos, and graphics on the Site.
Copying or using beyond the standard use of the Site any information or software used in the design, content, or creation of the database is prohibited.
Copying, transmitting, processing, or otherwise using pictures, text, images, documents, or other Content located on the Site is also prohibited.
Prohibited Actions
- Engaging in actions that may threaten the security of the Site or hinder the operation of software belonging to the Site or the use of the Site by other Users.
- Imposing a disproportionate load on the Site, accessing information or Content without authorisation, or copying, deleting, altering, or attempting to alter such information.
- Conducting activities that may threaten the general security of the Site or harm the Site, the Company, or other Users.
- Using or attempting to use software that affects the functioning of the Site or its software, or attempting to hinder, impair, reverse engineer, attack, occupy, or interfere with software, devices, or servers, or gain access to the Company’s servers.
- Using the Site in a manner that promotes, encourages, or involves spam, unsolicited bulk email, malware, viruses, or other malicious code.
- Infringing intellectual property rights, privacy rights, or confidentiality obligations owed to another User or any third party.
- Using an automated system, including robots, spiders, or offline readers, to access the Site in a way that sends more requests to the Company’s servers than a human can reasonably produce in the same period.
Privacy
Provisions regarding information and Content provided by the User are set out in the Privacy Policy. The Company shall not use or disclose User information outside the scope defined in these Terms and the Privacy Policy.
Site Maintenance
The User accepts that access to the Site may be temporarily interrupted in order to implement improvements and other changes.
Modifications
The Company reserves the right, at its sole discretion, to revise these Terms published on the Site without reason or prior notice, make additions, renew or reorganise the Site, change its subject, scope, and content, or cease transmission.
Changes to these Terms and other provisions shall enter into force on the date of publication on the Site. Continued use of the Site means the User is deemed to have accepted the current provisions.
Liability of the User
All legal, administrative, and criminal liability arising from use of the Site and transactions conducted through the Site shall belong to the User.
The Company shall not be held directly or indirectly liable for damages suffered or that may be suffered by third parties as a result of activities conducted by the User through the Site, transactions conducted through the Site, or actions contrary to these Terms or applicable law.
Claims made by third parties and damages suffered by the Company due to the User’s failure to fulfil obligations under these Terms or applicable legislation shall be recourse against the User, together with related damages.
Limitation of Liability
The Company shall not be liable for direct or indirect damages arising, other than through its own gross negligence, from a breach of these Terms, tort, access to or use of the Site, use of information, data, programs, services, or Content available through the Site, or other related reasons.
The Company shall not be liable for faults, negligence, deletion or loss of data, process or communication delays, computer viruses, communication errors, theft, destruction, unauthorised access, alteration, or use of records resulting from a breach of these Terms, tort, negligence, or other causes.
The Company is released from liability in relation to visits to the Site, linked websites, use of the Site, and related damages and claims, including court and other expenses.
The User shall solely bear all risks relating to use of the Site and benefiting from services. The User accepts, declares, and undertakes that no demand relating to use of the Site shall be made against the Company under any name, and that the Company provides no guarantee or undertaking regarding the Content. To the extent permitted by applicable law, the Company shall not be liable for direct, indirect, incidental, special, or criminal damages arising from use of the website, including loss of profit or reputation. The Site and the products, services, and other Content provided through it are offered “as is”. The Company provides no undertaking regarding their authenticity, accuracy, or security and makes no express or implied undertaking regarding merchantability, compatibility, or non-infringement for a particular purpose or use.
Third-Party Links
Links to websites, platforms, documents, or Content not under the Company’s control may be presented through the Site, and third-party services may be provided.
Such links do not support the relevant website, operator, or service provider and do not constitute a declaration or guarantee regarding the linked website or its information.
The Company is not liable for platforms, websites, documents, Content, services, or products reached through such links.
Service Quality
The User accepts that the availability and quality of the Site and the Content presented through it substantially depend on the service quality provided by the relevant internet service provider.
The Company is not responsible for problems arising from such service quality. The Site may contain defects, and technical malfunctions or access difficulties may occur from time to time.
Security
The User accepts that the Company does not guarantee that the Site will be free from viruses, worms, other attacks, unauthorised access, or the transfer of information to or from the Site.
Force Majeure
The Company shall not be liable for failure, delay, or incomplete performance of obligations under these Terms in cases of force majeure.
Events outside the relevant party’s control, including natural disasters, riots, war, strikes, lockouts, malfunctioning of telecommunications infrastructure, power outages, and bad weather conditions, shall be regarded as force majeure.
The rights and obligations of the parties shall be suspended for the duration of the force majeure event.
If the force majeure event lasts longer than one month, the party whose rights are affected shall be entitled to terminate these Terms.
Suspension, Transfer, and Termination of the Terms
If the User fails to comply with the provisions of these Terms published on the Site, or if the User’s activities pose a legal, technical, or information-security risk or violate the personal or commercial rights of third parties, the Company may temporarily or permanently suspend the Site or these Terms.
The Company may also temporarily or permanently suspend or terminate the Site or these Terms without reason. The User shall not make any demand for this reason.
The User may not transfer these Terms or any rights or obligations arising from them to third parties without the Company’s explicit written approval.
The Company has the right to transfer these Terms and its rights and obligations arising from them to third parties.
Dispute Resolution
In any dispute relating to these Terms, the provisions set out in these Terms shall apply first.
For matters not covered by these Terms, the laws of the Republic of Lithuania shall apply.
The competent courts and enforcement offices of Vilnius, Lithuania shall have exclusive jurisdiction over disputes arising from these Terms.