1. General Terms and Conditions of Use for the BERNINA blog
2. Scope of application
The BERNINA blog (blog.bernina.com) provides Internet services that enable natural persons and businesses to obtain information, to use services or to publish editorial publications. Publication of advertising content is strictly prohibited. The blog offers the opportunity to exchange ideas with like-minded individuals, acts as a communication tool and provides a source of information and inspiration for creative sewing and textile projects. Certain services on the BERNINA blog, such as the writing of articles, are exclusively reserved for registered users.
3. Registration as a user
You have the opportunity to join the free BERNINA community and to register as a user of the BERNINA blog. The registration requires a valid e-mail address or an active social media profile (e.g. Facebook, Twitter or Google+), via which you can be clearly identified as a user and sender of your messages. Joining under a false name and using bogus email addresses is prohibited. Please note that you are not permitted to divulge your password to any other person. Each blog user is only allowed to access and/or use the blog with his or her own password, and not with the login details of third parties.
On registering for the Internet services from BERNINA, you affirm that you will only use the BERNINA blog for private, non-commercial purposes and will, in particular, treat the information entrusted to you by other members as confidential and not use this information for commercial purposes.
A user is entitled to de-register in writing or by e-mail at any time without stating reasons.
5. User posts
On joining and/or using the BERNINA blog, you have the option to configure and upload themes, posts, links, comments, photos, sketches and instructions etc. As a registered user, you can supplement your profile with personal information, descriptions, pictures, etc., that are useful for communicating with other users.
Please note that you are fully responsible and liable for your activities in the blog. Within the context of the use of the BERNINA blog, you declare and warrant that you alone are entitled to the configured or uploaded content and that no third party rights (copyright, personal rights, trademark rights, etc.) are violated. BERNINA is indemnified from any and all claims arising by third parties in connection with the use of your content.
We hope that the BERNINA blog is characterised by high standards and a certain intellectual level. People you chat with in the Forum therefore deserve to be treated with respect through the appropriate choice of words and afforded all due courtesy while ensuring accurate spelling as far as possible. Personal hostility, vilification, or posts containing hatred, violence, pornography or threats, or that are obscene, violate the privacy of others, discriminate against other people groups, minorities, etc., or that are contrary to the accepted principles of morality or any existing laws, or that are made for amusement at the expense of other blog participants, are expressly forbidden. BERNINA has instructed the blog administrators to pay particular attention to ensuring fairness in users’ dealings with others. BERNINA has the right to delete posts or comments without stating a reason for doing so. Moreover, we reserve the right, without explicitly stating reasons, to revoke the posting privileges of participants either temporarily or permanently without setting a time limit, to suspend their user accounts or to permanently deny blog members access to the blog.
5.1 Special conditions for the use of the event calendar
The BERNINA event calendar provides a platform for publishing events. Registered users can use it to post events, such as exhibitions, sewing classes, sewing evenings, book launches related to sewing, etc. The events posted by users are usually published immediately. However, BERNINA reserves the right to remove or subsequently edit posted events if they contain spelling mistakes, obviously incorrect information, or are off-topic, as well as any entries that do not refer to a specific event, but are of a general advertising nature. In particular, we do not permit the publication of serial dates that do not refer to a specific scheduled event. However, BERNINA does not check the events for accuracy. BERNINA is not responsible for any incorrect information provided by the users of the blog.
BERNINA expects users to provide a full and appealing description that accurately and comprehensibly conveys the essential content of the event. As other blog users have to rely on the information provided, users who post events in the event calendar must schedule the events correctly and keep them up-to-date. This applies in particular to cancellations or changes to the time or location of an event. Any changes should be entered immediately or the relevant information should be corrected immediately if necessary.
The requirements and conditions for uploaded content specified in Section 5 of these terms and conditions of use also apply to the use of the event calendar.
6. BERNINA content
This website may contain general information, promotional material and descriptions of BERNINA products. The information and images it contains represent examples of the extensive BERNINA product range, but do not constitute offers of products or services, binding offers or an invitation to make an offer by BERNINA, its Group companies or distributors. If a webshop is provided, all e-commerce offers are non-binding.
BERNINA does not guarantee that all the products mentioned on the website are available in your country. Some of the accessories mentioned are optional, depending on the country. Your BERNINA dealer can provide you with details of the BERNINA products available in your country.
7. Sewing instructions, patterns and embroidery designs
The patterns and instructions are only licensed for personal and private use, not for commercial or business purposes. The transfer of the acquired data is prohibited.
8. Copyright and trademark protection
8.1 Rights to use content from users for marketing purposes
As part of the use of the BERNINA blog, you grant BERNINA the non-exclusive right, without limitation in terms of location or time, to use your uploaded content (photos, pictures, instructions, etc.) free of charge for marketing purposes. This in particular includes rights with respect to editing, copying, distribution and reproduction, as well as any other form of disclosure to the public (print, electronic, etc.), at BERNINA’s discretion.
8.2 BERNINA trademarks and copyrights
The content elements contained on the BERNINA website or in the BERNINA blog, such as information, text, images, photographs, designs and all other data files on our website are protected by law. Unless otherwise stated, they are subject to copyright, trademark protection or other rights of BERNINA International AG or its subsidiaries and affiliates or licensors. No rights of any kind are transferred to you by downloading, copying, translating or inclusion in other media – e.g. on your own website or in a database. BERNINA, bernette, bernina.com and berninausa.com are registered trademarks of BERNINA International AG.
The content is freely usable for browsing purposes only. If content is reproduced in full or in part in any form – electronically or in writing – for personal and non-commercial use, the source must be cited by name and all existing copyright and other proprietary notices must be observed.
Any use, reproduction, copying etc. of our website for commercial or non-personal use, in whole or in part, is only permissible with the prior written consent of BERNINA International AG.
9. No liability for third-party websites
BERNINA’s website also contains links (‘hyperlinks’) to Internet websites created and maintained by third parties. BERNINA has no influence on the content of these third-party websites and therefore cannot know the content of them in detail.
The hyperlinks on the website serve exclusively to facilitate navigation for the user of the BERNINA website. By including hyperlinks, BERNINA is simply facilitating access to these other websites and assumes no responsibility whatsoever for their content. In particular, BERNINA does not endorse the content of the websites accessible by hyperlink. The owners of the linked sites are solely responsible for their content and for any products offered there and the ordering of said products.
When using the BERNINA website, you agree that BERNINA is not liable for any legally prohibited statements or representations on the websites referenced by hyperlink. In particular, BERNINA assumes no liability for infringement of copyrights, trademark rights or personal rights by the contents of these websites or for any content which you have posted or uploaded.
10. No guarantee
BERNINA takes all reasonable measures to ensure the accuracy of the information on this website and in the BERNINA blog. However, BERNINA is unable to provide any assurances or guarantees as to its timeliness, completeness or correctness, or with regard to its functionality, links or contents. In particular, BERNINA can neither give an assurance nor guarantee that by using the website, no rights of third parties not owned by BERNINA or BERNINA Group companies will be infringed.
11. Limitation of liability and disclaimer
As part of their blog activities, which they carry out on a voluntary basis, the blog moderators and experts share their knowledge free of charge to other members. In the context of the use of this forum and, in particular, in the event of utilisation of the assistance/advice provided, all moderators and experts are released from any liability to the extent permitted by law.
Any of the information, pages and functions of this website may be temporarily suspended or completely discontinued by BERNINA. The company is in no way legally responsible or liable for any temporary or permanent interruption or suspension of information, pages or functions of this website.
To the extent permitted by law, BERNINA and its Group companies assume no liability or legal responsibility for damage, defects or losses, in particular compensation claims for direct, indirect, consequential or subsequent damage, loss of profit, loss of use or data corruption or loss incurred by you or a third party arising in connection with this website. BERNINA is not liable under any circumstances for the storage of illegal content or for the improper use of data by the user, or for the loss of data or the presence of viruses or other harmful components. This limitation of liability applies irrespective of the legal basis of the liability. Further compulsory legal liability, for example in the case of gross negligence or unlawful intent, remains reserved.
12. Other provisions