Terms of Service

By subscribing to this website, you agree to be bound by the following Terms of Service:

1. All rights are hereby reserved with regard to the copyright of the names/trade-names/trade-marks used by the owner, creator and publisher of this website, as well as the original materials published on it.

2. These properties may not be used, nor reproduced, neither in whole nor in part, nor in any manner whatsoever, without the prior, express, written consent and acknowledgment of Michael O’Bernicia [aka The Bernician, hereinafter known as “Secured Party”], or by his implied consent in the event that this website has published, distributed or broadcast original material for educational or entertainment purposes in any medium, or for the purposes of providing social commentary.

3. This consent will be automatically revoked in the event of false and malicious statements being made or bad faith being demonstrated by any user of this website, (hereinafter known as “the User”), who is also prohibited from using any work associated with Secured Party’s intellectual property for financial gain, under any circumstances, for any purposes, whatsoever.

4. With the intent of being contractually bound by subscription, the User consents and agrees that upon service of these terms of use, they shall not display, recreate, reproduce, nor otherwise use in any manner, any of the trade-names/trade-marks (and all versions and derivatives thereof) and intellectual property held owned by the Secured Party, nor the artwork of any of its names, nor any derivative thereof, nor any variation in the spelling of any of the names (and all versions and derivatives thereof) without prior, express, written consent and acknowledgment from Secured Party.

5. For the avoidance of doubt, Secured Party neither grants, nor implies, nor otherwise gives consent for any unauthorized use of its names/trade-names/trade-marks (and all variations and derivatives thereof) or intellectual property, and any such unauthorized use is strictly prohibited; whilst any unauthorized User will become liable for substantial default charges.

6. That being said, all the original content published on this site can be freely shared and distributed online [without amendments, in whole or in part] for strictly non-commercial and educational purposes, provided that its creator, owner and publisher are clearly acknowledged as such with a link to the original post and/or an appropriate credit.

7. Secured Party is not now, nor has ever been, an accommodation party, nor a surety, for any of these names/trade-names/trade-marks, nor for any derivative thereof, nor for any variation in the spelling of said names, nor for any other juristic person, legal entity or individual.

8. Secured Party is hereunder indemnified by the User against any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, costs, fines, liens, levies, penalties, damages, interests and expenses whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered by, imposed upon and incurred by any of its names for any and every reason, purpose and/or cause whatsoever, or material evidence demonstrating its direct involvement in any action for which Secured Party’s intellectual property or his person are alleged to be liable.

Default Terms

In event of a breach or breaches of these terms, the User will given thirty (30) days to respond to the allegation of default. Secured Party reserves the right to suspend indefinitely or cancel the subscription of any User who is found to be in default, whether before of after receiving a User’s response to a notice of default by email.

Dispute Resolution

Any dispute arising over the copyright of the properties described in these Terms of Service which has not been settled privately within six months will be resolved by an independent arbitrator, unless otherwise agreed between the parties.