Terms & Conditions
Welcome to Bermark Design Ltd.'s web site. The following terms and conditions govern your use of this site. By accessing, viewing, or using the material on this site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you are not granted permission to use the site and should exit immediately.
Subscribers to Bermark agree to disclose and grant access to Bermark all their websites so Bermark can view and verify that images used from Bermark are used in accordance to these Terms and Conditions stated herein. Failure to grant access will constitute a violation of our Terms and Conditions and the member will be terminated immediately with no compensation for early termination.
Bermark Design Ltd. reserves the right to change the terms and conditions under which this site is offered. These changes are effective immediately upon posting. You are responsible for regularly reviewing these terms and conditions. Your continued use of this site constitutes your agreement to all such terms and conditions.
This site and all of its content are protected by copyright pursuant to U.S., European Union and international copyright laws. You may not claim in any fashion that any of the designs used by you are owned or copyrighted by you or owned by anyone else but Bermark Design Ltd.
Terms of Sale of Products
Bermark Design sells all its jewelry design products solely for purposes of making finished jewelry. Any customer or subscriber found to selling Bermark Design products as jewelry designs, CAD Files, 3D printed wax or resin, casting, molds or models will be considered to be violating our terms of sale, will be terminated as a subscriber with no compensation for early termination, and will be liable for damages for breach of our Terms of Sale in the amount of $300 per design used per day.
Bermark Design Ltd hereby grants to you, as an activated, bona fide subscriber the right to show any design contained on this site in whole or in part without the express authorization of Bermark Design Ltd. for purposes of presentation, sales and the use of making jewelry only. You may publish in website or print form only designs purchased from us as Rendered or Animated products.
Subscribers are prohibited to copy designs in any way, including saving images on any any device or by redrawing designs.
Further you are hereby put on notice that Bermark Design Ltd is a design originator and does not purposely or intentionally copy any designs of anyone else. However as Bermark Design Ltd has many sources of its designs and is not able to check all publications and copy written jewelry designs worldwide, we hereby give notice that we will remove from our site immediately any of our designs that unknowingly violates any published or claimed design by any party once that predates our design, once we have been given proof of such violation.
Elements of Bermark Design Ltd.'s web site are protected by trade dress, trademark, unfair competition, and other laws and not be copied or imitated in whole or in part. No logo, image, or sound from the site may be copied or transmitted unless expressly permitted by Bermark Design Ltd.
Except as indicated, Bermark Design Ltd. owns all trademarks, service marks, certification marks, and logos featured on this site, including the terms "Bermark Design Ltd." Use of these marks without the express written permission of Bermark Design Ltd. is expressly prohibited.
You agree to indemnify and hold Bermark Design Ltd., its officers, members, and employees harmless from any claims, demands, or damages, including attorney fees, asserted by any third party due to or arising out of your use of or conduct on the site.
Disclaimer of Warranty and Liability
BERMARK DESIGNLTD. MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY, OR LACK OF VIRUSES FOR THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SITE. ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
BERMARK DESIGN LTD SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BERMARK DESIGN LTD . TO YOU BASED ON ANY CAUSE OF ACTION EXCEED $100.
Links to Third Party Sites
These sites may contain links to third party web sites ("linked sites").The linked sites are not under the control of Bermark Design Ltd.. Bermark Design Ltd. is not responsible for the content of any linked site and makes no representations regarding the content or appropriateness of content on such sites. Bermark Design Ltd. does not promote, endorse or have any affiliation with any other linked site or linked site owner unless expressly stated in Bermark Design Ltd.'s site. When you access a linked site from this site, you leave this site and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions of use posted on the linked site.
Any commercial transactions or business activities between you and third parties (including advertisers) included in the site are solely between you and the third party and Bermark Design Ltd. shall not be responsible or liable for any part of such dealings or promotions.
Third-Party Web Sites Seeking to Link With Bermark Design Ltd. Site
You may link to Bermark Design Ltd.'s site, provided that you comply with the following restrictions:
You do not create a browser or border environment around the Bermark Design Ltd. content.
You do not imply that Bermark Design Ltd. is endorsing your site or your products.
You do not misrepresent your relationship with Bermark Design Ltd., its members, officers or directors.
You do not present false information about Bermark Design Ltd., its activities, or its members.
You do not display the Bermark Design Ltd.'s name, logo, trademark, or other identifier on your site without Bermark Design Ltd.'s permission.
You do not remove, conceal, or obliterate any copyright or other proprietary notice, source identifier, or credit line.
You do not link from a web site that could be construed as distasteful or offensive, obscene, defamatory, libelous, misleading, or is being used for illegal purposes.
You do not link from a web site that infringes upon any intellectual property or other right of any entity or person.
If in the opinion of Bermark Design Ltd., you violate any of these restrictions, you agree to immediately remove Bermark Design Ltd.'s link from your site.
You agree that Bermark Design Ltd. will not be liable for any loss resulting from a cause over which Bermark Design Ltd. does not have direct control, including but not limited to the failure of electronic or mechanical equipment, communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes, wars, or government/judicial restrictions.
Nothing contained in this Site is intended as, nor shall be construed as legal advice, guidance, or interpretation. No attorney-client relationship is established between Bermark Design Ltd. and you by your use of this site. The information provided on this site is for general educational purposes only and specific questions about any law, statute, or regulation should be directed to an attorney with expertise in the area.
Bermark Design Ltd. controls and operates this site from Bangkok, Thailand. . The terms and conditions for this site will be governed by and construed in accordance with the laws of Thailand . By accessing, viewing, or using the material on this site, you consent to the jurisdiction of the courts presiding in Thailand e and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. Bermark Design Ltd. makes no representation that materials on the site are appropriate for use in other countries and access to them from countries where the content is illegal is prohibited. You are responsible for complying with applicable local laws that regulate the content of this site.
Access to Secure Areas
You agree that you will not attempt to access password protected and/or secure areas of this site unless you are an authorized user. If you are an authorized user, you agree not to assist third parties in obtaining access to these areas without Bermark Design Ltd.'s approval.
Submissions and Postings
This site may contain bulletin board services, chat areas, forums, and/or other message facilities designed to enable you to communicate with others or with Bermark Design Ltd..
You agree that nothing submitted by you to this site shall contain any material which:
Defames, abuses, harasses, threatens others.
Contains any inappropriate, defamatory, obscene or unlawful topic, name, material or information.
Infringes any intellectual property or other property right of any entity or person, including, but not limited to violating anyone's copyrights, trademarks, or confidential information.
Violates any laws or regulations including, but not limited to, federal and state antitrust laws.
Contains viruses or similar programs that may damage the operation of another's computer or property.
Advertises or offers to sell or buy any goods or services for any business purpose unless specifically authorized by Bermark Design Ltd..
Uses a false identity for the purpose of misleading others.
Deletes any copyright or proprietary notice other designations that identify the source or origin of any materials.
Contains any material posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
By posting materials, you warrant and represent that you own the copyright to such materials, have received permission from the copyright owner, or that the material is in the public domain. You further represent and warrant that you have the full and unencumbered right to post such materials and that the posting will not infringe upon any rights of others. You grant Bermark Design Ltd. and users of the site a non-exclusive, irrevocable, royalty free license to display, copy, transmit, print and use this information in any manner.
You acknowledge that you are responsible for the legality, accuracy, and appropriateness of the materials that you submit. Although Bermark Design Ltd. has no obligation to monitor these materials, Bermark Design Ltd. reserves the right to review materials that are posted on the site and has the right to terminate your access to the site at any time and for any reason without providing notice to you. Bermark Design Ltd. reserves the right to remove, edit, or refuse to post any information that it deems inappropriate.
You agree that Bermark Design Ltd. may disclose any information involving you (including your identity) if Bermark Design Ltd. believes that there is a violation of law or in response to any applicable law, regulation, legal process or government request.
Claims of Copyright Infringement
Anyone who believes that Bermark Design Ltd. has used their work on the site in a manner that constitutes copyright infringement should send a notice to the Bermark Design Ltd. at the address listed below. The notice should contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an work in question;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Bermark Design Ltd. to locate the material;
The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Copyright infringement claims and notices should be sent to Bermark Design Ltd by mail to: 1249/163, 20th Fl Gems Tower, Charoenkrung Rd, Suryawong, Bangrak, Bangkok 10500, Thailand, by fax: +66-2-2674919, by e-mail: firstname.lastname@example.org
It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soint rédigés en anglais.
As a condition of your use of this site, you agree not to use the site for any purpose that is unlawful or prohibited by this agreement.
Use of the site by you is unauthorized in any jurisdiction that does not give effect to all provisions contained in this agreement.
You agree that no joint venture, partnership, employment, employment, or agency relationship exists between you and Bermark Design Ltd. as a result of this agreement.
If any part of these terms and conditions is held to be invalid or unenforceable for any reason including, but not limited to, the warranty disclaimers and liability limitations specified above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement will remain in full force and effect.
A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These terms and conditions constitute the entire agreement between you and Bermark Design Ltd. with respect to your use of the site. You acknowledge that, in providing you access to and use of the site, Bermark Design Ltd. has relied on your agreement to be legally bound by these terms and conditions