T & C
TERMS AND CONDITIONS OF USE
The www.burgau.co.uk, the “Site” is owned and operated by BEN VEIT.
Listed below are the terms and conditions of use (the “Terms”) for this Site.
By using, accessing and/or viewing information on the Site, you (the .Participant.) agree to be bound by these Terms. If you violate these Terms, BEN VEIT has the right to terminate your use of the Site and/or take appropriate legal actions against you.
We reserve the right to change these Terms at any time by posting on the Site. The participant understands and agrees that its use of this Site is a benefit voluntarily given by BEN VEIT and that BEN VEIT may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion.
If you do not agree to the Terms you cannot use this Site or the services and information offered herein.
1. PERMITTED USE. You may use the Site and the features, information, pictures and other data contained therein (collectively, the “Data”) only for personal, non-commercial purposes. You may access, view and make copies of the Data in the Site for your personal, non-commercial use and will not publish or otherwise distribute the Data for any other purpose. Without limiting the foregoing, you may not utilize the Site to sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Data, in whole or in part. Further restrictions on the use of this Site and its Data are provided in Sections 2, 6 and 9 of these Terms and in the Photo Gallery Agreement (where applicable).
2. OWNERSHIP/TRADEMARKS. Participant does not acquire or have any ownership, license or other proprietary interest in the Site or the Data. You understand that the Site and the Data are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material except as permitted by law.
4. Monitoring. BEN VEIT shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, BEN VEIT shall have the right, but not the obligation, to remove any material we in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. However, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not that of BEN VEIT.
5. LINKS. The Site may include links and advertisements to other websites, products or services. You acknowledge that these links are provided solely as a convenience to you and not as an endorsement by BEN VEIT or by any of its third-party providers regarding the content of those other websites. Neither BEN VEIT nor its third-party providers are responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content. If you decide to visit any other website or forum for any reason, you do so at your own risk.
6. BLOGS/DISCUSSIONS. .Blogs or web discussions, are a place for individuals to share their interest in Burgau with other users of the site. Areas of the Site allow for public discussion of various ideas, facts and opinions. BEN VEIT is not an editor or publisher of the information, advice, ideas, statements, offers, sources or opinions (collectively, the .Shared Information.) supplied by third parties and users of the Site and does not have editorial control over such Shared Information. Any Shared Information expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of BEN VEIT, its employees, agents, representatives or affiliates. BEN VEIT does not monitor the content of all the Shared Information twenty-four hours a day and, therefore, does not endorse and cannot be responsible for the appropriateness, accuracy or reliability of any Shared Information made by anyone other than BEN VEIT.s authorized employees and representatives while acting within the scope of their official capacities. You may post information that is appropriate for general readership. You may not post information that is objectionable, inappropriate or offensive for general readership. BEN VEIT is not responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content. You may not use the Site and/or the discussion forums to advertise or sell a product or service, or to advertise or direct activity to other websites. You may not use the Site for any commercial purpose without the prior written approval of BEN VEIT. BEN VEIT shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Site including any material that BEN VEIT, in its sole discretion, finds to be objectionable or inappropriate in any way.
7. ADVERTISERS/VENDORS/SERVICE PROVIDERS. The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for insuring that materials submitted for inclusion on the Site are accurate and comply with applicable laws. BEN VEIT will not be responsible for the illegality of or any error in accuracy in any advertisers/or sponsors/materials. The participant understands and agrees that, in order to provide for the use of this Site, BEN VEIT contracts with certain vendors and service providers, which have certain rights, limitations of warranties, and limitations of liability in those contracts. Participant understands and agrees that it is not a third party beneficiary under any such agreements, that it has no rights whatsoever pursuant to such agreements, and that it has no contractual or other relationship with any advertiser, business affiliate, vendor or service provider by reason of the use or information provided on this Site or any agreement relating to the Site. To the extent that Participant has any such rights or claims by operation of law or otherwise, Participant hereby waives any and all rights and claims whatsoever against those vendors and service providers whether resulting from the exercise of any right by such vendors or service providers pursuant to such agreements, the any error or omission in the services provided, not provided, withdrawn or terminated, or the use of this Site.
8. LIMITATION OF LIABILITY. BEN VEIT assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any Data contained in the Site. THE SERVICES OF THE SITE ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the forgoing, you agree that neither BEN VEIT nor any of its affiliates, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Site or any viewing or use of any information on the Site. You acknowledge that the limitations in this Section are reasonable and appropriate. BEN VEIT DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
9. UNAUTHORIZED USE/NO INTERFERENCE. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Site or use and/or monitor any information in or related to the Site for any unauthorized purpose. Specifically, each Participant, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party) do any of the following:
• Upload, post, email, transmit or otherwise make available any Data or content on the Site as to which you do not possess all of the patent, trademark, copyright, trade secret, license or other rights to do so;
• Violate any applicable laws and regulations, local, national, foreign or international, applicable to the Site;
• Use this Site or the Data or provide, link, or otherwise make available, any information on the Site that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
• Impersonate any person or entity, or otherwise misrepresent your affiliation;
• Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
• Upload, post, email, transmit, link to or otherwise make available any information on the Site that infringes any intellectual property rights or other proprietary rights of others, or that contains any virus, computer code, file, or other material which has as its intended purpose, the interruption, destruction, or loss of functionality of any computer software, Data, hardware, telecommunications equipment, or communications ability;
• Attempt to gain access to confidential information to which you are not entitled;
• Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by this Site;
• Alter or delete information not provided by you, or interfere with the operation of this Site including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
• By providing Data or material, you also agree to be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to BEN VEIT’s policies regarding privacy, all e-mails, messages, postings, ideas, suggestions, concepts or other ideas or materials submitted will be treated as non-confidential and non-proprietary and may be used freely thereafter by BEN VEIT for any purposes it deems appropriate including commercial gain. By submitting information to BEN VEIT, you automatically grant, or warrant that the owner of such material has expressly granted BEN VEIT a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also agree to permit any other user of the Site to access, view, download or reproduce the material for any use permitted by the Site. You grant BEN VEIT the right to edit, copy, display, publish and distribute any information or material made available on the Site by you.
10. INDEMNIFICATION. You agree to indemnify and to hold BEN VEIT, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorneys fees) arising out of your use of the Site, including, without limitation, any violations by you in the terms and conditions for your use of the Site.
11. VIRUSES. We will use commercially reasonable efforts to maintain the Site free of viruses and other harmful components. However, as the Site is accessible by third parties, we cannot assume any responsibility for any viruses or other harmful components that may affect your computer equipment or other property as a result of your access to, viewing of or downloading any Data from the Site. We do not warrant that the Site, its servers or any Data downloaded from the Site is free from viruses, bugs or other harmful components.
12. MODIFICATIONS/TERMINATION. Without limiting its other remedies, BEN VEIT may immediately discontinue, suspend, terminate or block your and any user’s access to this Site at any time in its sole discretion. BEN VEIT may amend or modify these terms and conditions at any time. Any such changes will become effective immediately upon the date they are first posted to this Site. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. BEN VEIT does not assume any obligation to notify you of changes to these terms and conditions.
13. GOVERNING LAW/JURISDICTION. These terms and conditions and your access to and use of information from the Site are governed by the laws of the United Kingdom.
14. ENTIRE AGREEMENT. These terms and conditions of use for this website constitute the entire agreement between you and BEN VEIT regarding your access to the Site and your reproduction and use of any information in the Site. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of BEN VEIT
BEN VEIT is strongly committed to protecting your privacy.
“Services” include www.burgau.org website, (the “Site”), and other Internet enabled or wireless means by which BEN VEIT provides content to you or receives content from you, including, without limitation, downloadable software applications (including Desktop Gadget and Dashboard Widget desktop applications), mobile web sites, mobile downloadable applications, content and blog submission services, chat rooms, SMS messaging, and delivery of content to you at your request.
“Services” also includes alert products.
We hope that this disclosure will enhance your experience and reinforce the trust that you place in BEN VEIT’S products and services.
1. Information Collected by us within the Services
In order to maximize your experience and to provide you with enhanced products and services, BEN VEIT may collect personally identifiable information (“PII”) from you including your name, e-mail address, address, and phone number. For example, we collect PII when you become a member, sign up your webcam, sign up for email or text alerts, or any other desktop application. Other examples of when we collect personally identifiable information are when you:
• Complete a survey
• Register for a promotion
• Send us an e-mail message or complete an inquiry form to receive additional information
• Submit a photo to www.burgau.co.uk
• Participate in an online forum or community,
• Request tweets from us, or
• Customize the Services.
We also may collect certain information through automated means, such as:
• Specific geographic location where you are currently located
• Information about your device and device capabilities
• Information about your device operating system
• Information about the applications on your device
• Information about how you use the Services
• Your activities on the Services
• IP address
• Device identifier
• Browser Type
• Browser Identifier
• Referring URL
Chat Sessions, Blogs, and Submissions
In the case of participation in a chat session, we require that you use the handle you selected when you registered. Please be aware that chat sessions are recorded and may be monitored. Any information including personally identifiable information, that you submit during a chat session, in blog comments, in community discussions, in any other user comment field, or in connection with your content submissions, including photo submissions, can be read, collected, or used by others who access them, and could be used by other users to send you unsolicited messages. We are not responsible for the information, including personally identifiable information you choose to submit in these forums.
If you upload or rate photos in www.burgau.co.uk or blog comments, you have to be registered and logged into this feature, and you will be required to provide us with a handle and email address. If you provide us with content, including, without limitation, submissions to www.burgau.co.uk and user comments, any metadata, including, without limitation, geo-location and tags, in that content will become publicly available.
In certain instances in our Services, you will be able to input specific location information in order for us to bring up the weather for that location. For that Service, we will ask you to input specific location such as address, city and state, latitude and longitude, country, neighbourhood name, beach location, or postal code.
To offer you certain Services, provide advertisements based on your physical geographic location, and engage in the other uses described below, on some devices we provide you the option to opt-in to allow us to use your physical geographic location using GPS, cellular network location based services on your device, or browser services. You may at any time opt-out from these geo-location services by going to the settings on your mobile device.
Alerts and notifications.
In certain of our Services, you have the ability to receive notifications or related updates. To provide these services, we may need to collect your email address, phone number, device information, and mobile carrier information, in addition to the postal code or geographic area to which the alert, update or notification pertains. If you no longer wish to receive these types of notifications you may opt-out by turning them off within the settings of your mobile device or the particular Service for which you registered.
2. How We Use and Share Your Information
One of the most valuable assets of our business is you. Except as described below, BEN VEIT does not rent, sell or share personally identifiable information about you with other people or non-affiliated companies.
A. BEN VEIT and its Affiliates
We use information collected on the Services, and disclose information to third parties, including your physical geographic location, to help fulfil your requests or in connection with the operation of the Services, for example to service your account, conduct a transaction or provide a service that you have requested, display information and advertisements that we believe match your interests and profile, facilitate updates to the Services, provide support, notify you if you’ve won a competition, improve the working of the Services, and compile statistics about our users and your use of the Services. We and such third parties may on occasion combine information about you with information obtained from other parties to market to you products or services that may be of interest to you. If you sign up for communications from BEN VEIT, they may also contain offers from third parties.
At various points, we may provide you with the opportunity to opt in to receive special offers from BEN VEIT and its affiliates. If you choose to opt in, BEN VEIT and its affiliates will use your personally identifiable information to inform you of other products or services available from BEN VEIT and its affiliates.
B. Companies Offering Promotions, Products, or Services
At times we will provide you with the opportunity to opt-in to receive promotions, products or services from third party sponsors. With your permission, BEN VEIT will periodically send to you, via e-mail, offers and promotions from our third party sponsors which we select based upon your interests or user profile. In this case we do not share your information with the third party sponsors-we do the mailing for them. You will always have the opportunity to opt- out of receiving future offers by following the unsubscribe link included with each email. In other instances, we provide you with the opportunity to receive products and services directly from specifically identified third parties through the Services. In these instances, you must explicitly consent to receive each offer. When you explicitly agree to receive offers from specific third parties, your information is shared with the specific third party to enable them to provide you with the offer you have requested. We are not responsible for the information collection practices of these third parties, and all information provided is governed by the privacy policies of these third parties. You should review the privacy policies of these parties before supplying personally identifiable information to them.
C. Third-Party Processors
When your information is collected on the Services, it may be collected directly by or shared with selected third parties in connection with the operation of the Services or the provision of services to you (“Third Party Processors”). These Third Party Processors may include, for example, companies that operate our online webcams, that process credit card information or handle shipping for BEN VEIT, that deliver materials to you via e-mail or postal service, that organize, administer, process, or provide advertising services, and/ or that analyze data on our behalf to help us provide more relevant offers to you and to eliminate the delivery of duplicate offers as well as correcting and/or updating users’ data based on information we provide them. We also provide your information to third party mapping service providers to provide you map content for the Services. Third party processors are authorized to use your information that we provide to them only to carry out the service they are providing for BEN VEIT. We require that the third party processors securely store the personally identifiable information we provide to them and maintain it so that it can be accessed when needed for future purposes, and all such Third Party Processors are contractually bound by us to keep the personally identifiable information confidential.
D. Other Web Sites, Other Services, and Links
E. Use by us of IP Addresses, Cookies, Web Beacons, Single-pixel Gifs, and Information Saved by Other Technologies
BEN VEIT and Third Party Processors acting on our behalf use various Internet technologies which help us to manage the operations of our Services and track usage behaviour so that we can tailor information and advertisements to make your visits more enjoyable and meaningful. These Internet technologies include:
• IP Addresses: numbers assigned to individual computers which accompany every packet of information across the Internet.
• Cookies: small electronic files transferred from our services to your electronic device.
• Beacons and single-pixel Gifs: electronic tags.
• HTML5 LocalStorage: storage within your browser on your electronic device.
Information that BEN VEIT collects via the technologies described in this section may be linked to other information about you. BEN VEIT uses the technologies described in this section, alone or in combination, to provide and administer our services, understand user behaviour, manage services operations, measure the effectiveness of advertisements and our service operations, target advertising, help diagnose problems, recognize repeat visitors, track and analyze usage behaviour, facilitate your access to and use of our services, serve, target, control, and measure advertisements on our Services, count users who have visited certain areas of our Services we wish to track, and help determine the effectiveness of advertising campaigns on our services. In addition, we may share demographic information, location data, IP address, aggregate (not individual) usage statistics for our Services, other identifiers and information with advertisers and other third parties. For example, we may share IP address, random or anonymous device identifier, city and state, postal code, and specific geo-location with the parties identified in subparagraph F below.
Your browser may allow you to manage your cookies and HTLM5 LocalStorage. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies and HTML5 LocalStorage. If you turn Cookies or HTML5 Local Storage off, however, you won’t have access to many of the features which make your experience more efficient and some of our Services will not function properly.
BEN VEIT contracts with certain Third Party Processors to track, analyze and report data about the usage of our Services using these Internet technologies. These Third Party Processors include Google Analytics and Paypal.
F. Use of Cookie, Web Beacon and Other Technologies by Advertisers, Ad Networks, Ad Servers and Analytics Companies
You can also opt out of future information collection from our Services by ceasing use of the Service or in the case of an application, uninstalling the application.
G. Other Limitations on Privacy
We may provide personally identifiable information without your permission (i) pursuant to judicial or other government subpoenas, warrants, or orders or otherwise to comply with law; (ii) where The BEN VEIT believes the rights, property or an individual’s safety or security is at risk; iii) if we find that your actions violate our Terms and Conditions of use; or iv) where otherwise required by law.
E-mail a Friend
If you choose to use our service that allows you to e-mail parts of our Services to a friend, in most circumstances we need to have access to your and your friend’s e- mail addresses temporarily to send the e-mail due to technical requirements. This information is not used for any other purpose.
F- Opting-Out, Corrections and Cancellations
If you receive an offer or promotion from BEN VEIT or a third party related to BEN VEIT services, you must have opted in. To ensure we have your consent, we make sure that each e-mail sent to you by BEN VEIT presents the additional opportunity to opt-out of receiving future e-mails.
If you have registered with us and have obtained a password, you may reset your password, update your personally identifiable information, correct information, make changes to your preferences, unsubscribe to any e-mail subscriptions or opt-out of certain services, by accessing your profile online at the member settings page or within the settings of a particular application or you may contact us directly at address
3. Data Retention of Account Information
If you wish to cancel your account or request that we delete or no longer use your account information to provide you Services, contact us at . Subject to applicable law, we will retain and use your account information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
4. Children’s Privacy
BEN VEIT is committed to protecting the safety and privacy of young people using the Internet. We do not knowingly collect personally identifiable information from children under the age of 13 and believe that children should get their parents’ or guardians’ consent before giving out any personally identifiable information.
The Services may contain links to third party websites and other services geared to children. The linked sites and services are not under the control of BEN VEIT. We are not responsible for the contents of any linked site or service or any link contained in a linked site or service, nor are we responsible for the privacy practices of the operators of those sites or services with respect to children. We strongly encourage parents and guardians to review the privacy policies of all linked sites and services.
5. Our Commitment to Security
Keeping the information you provide to BEN VEIT secure is important to us. We have put in place appropriate physical, electronic and managerial procedures designed to protect and safeguard your data. Of course, although BEN VEIT uses standard industry practices to protect your personally identifiable information, we cannot guarantee that your communications with the Services will never be unlawfully intercepted, or that your personally identifiable information will never be unlawfully accessed by third parties.
BEN VEIT reserves the right to change these general or special terms at any time by posting on the Site. You understand and agree that your use of the Site www.burgau.co.uk Data Feed is a benefit voluntarily given by BEN VEIT and that BEN VEIT may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to these general and special terms, you cannot use www.burgau.co.uk Data Feed or the services and information offered therein.