Terms of Use

Ownership of Site Content

All information, data, and content, including graphics, designs, text, photos, video, as well as the code that powers the site provided by Bard Watch, its associates, partners, and the users of the Site is owned by Bard Watch.

Bard Watch and its third party providers retain all copyright, intellectual property rights, trademark, and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted, or distributed without entering into an agreement with Bard Watch or obtaining Bard Watch’s expressed written permission. Any unauthorized use of any materials on the Site may violate copyright, trademark, and other laws.

However, you may download or print any portion of the Site Content for your personal, non-commercial use, provided that such copy has all proprietary and copyright notices posted with such content. You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation, or any database.The use of data mining, robots, or any type of data gathering or extraction methods on the Site is prohibited. The name of the Site and the designs and icons of the Site are trademarks of Bard Watch, and may not be copied, used, or imitated without the prior written permission of Bard Watch.

User Content

You are solely responsible for all content, including, without limitation, all videos, profiles, photos, information, listings, promotions, advertisements, and messages that are provided, posted, or uploaded on the Site or transmitted to other users by you or through your account (collectively this material is known as the “User Content”). You agree that Bard Watch has the right, in its sole discretion, but not the obligation, to delete at any time any and all User Content posted, uploaded, or transmitted by you without providing any notice to you. You are responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Bard Watch.

Disclaimers, and Limitation of Liability

Bard Watch does not guarantee or warrant that the Site or the Services will be uninterrupted, without delay, error-free, omission-free, impervious to hacking or other crimes, or free of viruses.

THE SITE, THE SERVICES, AND THE SITE CONTENT ARE PROVIDED “AS IS.” Bard Watch MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SITE CONTENT OR THE SERVICES OR THE RESULTS TO BE OBTAINED FROM USING THE SITE CONTENT AND THE SERVICES. Bard Watch (ITS OFFICERS, DIRECTORS, AND EMPLOYEES AND ITS LICENSORS AND THIRD PARTY PROVIDERS) SHALL HAVE NO LIABILITY WITH RESPECT TO ANY USER’S USE TO THE SITE, THE SERVICES, AND THE SITE CONTENT OR ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE SITE, THE SERVICES, OR THE SITE CONTENT. Bard Watch (ITS OFFICERS, DIRECTORS, AND EMPLOYEES AND ITS LICENSORS AND THIRD PARTY PROVIDERS) SHALL HAVE NO LIABILITY WITH RESPECT TO ANY FAULTS, INTERRUPTIONS, OR DELAYS IN PROVIDING THE SITE, THE SERVICES, OR THE SITE CONTENT. Bard Watch (ITS OFFICERS, DIRECTORS, AND EMPLOYEES AND LICENSORS AND THIRD PARTY PROVIDERS) HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, THE SERVICES AND THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT TO THE EXTENT RESTRICTED IN CERTAIN JURISDICTIONS, IN NO EVENT SHALL Bard Watch (ITS OFFICERS, DIRECTORS, AND EMPLOYEES AND ITS LICENSORS AND THIRD PARTY PROVIDERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS, DATA, CONTENT, REPUTATION, OR GOODWILL), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THE SITE CONTENT OR ANY CONTENT ACCESSED BY USE OF THE SITE OR THE SERVICES. IN THE EVENT THAT Bard Watch (ITS OFFICERS, DIRECTORS, OR EMPLOYEES OR ITS LICENSORS OR THIRD PARTY PROVIDERS) ARE DETERMINED TO HAVE ANY LIABILITY WITH RESPECT OT THE SITE, THE SERVICES OR THE SITE CONTENT, IN NO EVENT SHALL Bard Watch (ITS OFFICER’, DIRECTOR’, AND EMPLOYEES’) AGGREGATE LIABILITY TO ANY USER EXCEED ONE DOLLAR ($1.00).

Indemnification

You agree to indemnify and hold harmless Bard Watch, its affiliates, officers, directors, employees, licensors, and third party providers (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands, and expenses (including reasonable attorney’s fees and court costs) that the Indemnified Parties may incur arising out of or relating to (i) the breach of any of the user representation and warranties contained in these Terms of Services, (ii) any information, material, or content posted, provided, or uploaded on Site or the Services by you or through your account or (iii) any use of the Site or the Services by you or through use of your account.

Infringing Material

If you believe that any content or materials on the Site or provided through use of the Services infringes upon any copyright that you own or control, you shall provide written notice to the Designated Agent set forth below.

Bard Watch has designated Maeve Lazor as its agent under the digital Millennium Copyright Act for the receipt of any Notification of claimed Infringement that may be given under such Act. Maeve Lazor may be reached by Mail at ml4955@bard.edu.

The Digital Millennium Copyright Act requires that such notification must be in writing and include all of the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the material that is claimed to have been infringed or, if multiple copyrighted works of a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Bard Watch to locate the material.

Information reasonably sufficient to permit Bard Watch to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Governing Law and Venue

All disputes and claims arising out of or relating to the Site, the Site Content, these Terms of Service, or the Privacy Policy, including, without limitation, tort claims, shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You acknowledge and agree that Bard Watch has the right to seek injunctive relief (including preliminary and temporary relief) to protect its proprietary rights or to prevent any unauthorized use of the Site or the Site Content, without the posting of any bond. You and Bard Watch waive any and all rights to a jury trial. You agree that the sole jurisdiction and venue for resolving all claims and disputes is New York and you waive any defenses of inconvenient forum or lack of personal jurisdiction.

General

These Terms of Service and the Privacy Policy constitute the entire agreement between you and Bard Watch regarding the use of the Site, the Services, and the Site Content. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Bard Watch’s  failure to enforce any right or provision shall not be deemed a waiver of such right or provision.