Bauwerks, Inc. Online Service. By using the bauwerks.com website you (the
“User”) agree to these terms and conditions. If you do not agree to the terms
and conditions of this agreement, you should immediately cease all usage of this
website. We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted at bauwerks.com website.
Your continued use of the Service after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its modifications. Except as
provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Bauwerks, Inc. is providing users with photography services and information thereof. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site is provided by Bauwerks, Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Bauwerks, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Bauwerks, Inc. shall have no liability for any interruptions in the use of this Website. Bauwerks, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
Bauwerks, Inc. SHALL NOT be liable for any damages whatsoever, and in particular Bauwerks, Inc. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Bauwerks, Inc. has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
User agrees to indemnify and hold Bauwerks, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Bauwerks, Inc. reserves the right to modify or discontinue the Service with or without notice to the User. Bauwerks, Inc. shall not be liable to User or any third party should Bauwerks, Inc. exercise its right to modify or discontinue the Service. User acknowledges and accepts that Bauwerks, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Bauwerks, Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Bauwerks, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts in the State of Illinois
9. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright ©Bauwerks, Inc., with all rights reserved, or is the property of Bauwerks, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Bauwerks, Inc. is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Bauwerks, Inc.. Bauwerks™ and Bauwerks.com™ are proprietary marks of Bauwerks, Inc.. Bauwerks, Inc.’s trademarks may not be used in connection with any product or service that is not provided by Bauwerks, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bauwerks, Inc.. All other trademarks displayed on Bauwerks, Inc.’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Bauwerks, Inc..
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Bauwerks, Inc. designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail: Bauwerks, Inc., 2475 North Clybourn Avenue, Chicago, IL 60614. By Telephone: 773.377.5603. By Email: Please browse to our contact section.
12. Other Terms
updated on Wednesday, April 05, 2006.
Bauwerks.com Privacy Statement
1. Acknowledgement and Acceptance of Terms
Bauwerks, Inc. is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website. By accessing bauwerks.com, you acknowledge and fully understand Bauwerks, Inc. ’s Privacy Statement and freely consent to the information collection and use practices described in this Website Privacy Statement.
2. Participating Merchant Policies
Related services and offerings with links from this website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in Bauwerks, Inc. services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.
3. Information We Collect and How We Use It
Bauwerks, Inc. collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with Cookies
A. Web Server Logs
When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:
Visitors to our website can register to purchase services. When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information. If you are purchasing a service, we will request financial information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including: To fulfill your service requests for services
4. Use of Web Beacons or GIF files
Bauwerks.com Web pages may contain electronic images known as Web beacons – sometimes also called single-pixel gifs – that allow Bauwerks, Inc. to count users who have visited those pages and to deliver co-branded services. Bauwerks, Inc. may include Web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon. Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our website and how you use the site. Bauwerks, Inc. prohibits Web beacons from being used to collect or access your personal information.
5. Accessing Web Account Information
We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting us by sending an email via our contact section.
6. Contacting Us
If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please e-mail us via our contact section or send your comments to : Bauwerks, Inc., 2475 North Clybourn Avenue, Chicago, Illinois 60614.
7. Changes to this Statement
Bauwerks, Inc. has the discretion to occasionally update this privacy statement. When we do, we will also revise the “updated” date at the bottom of this Privacy page. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates. Bauwerks, Inc. will use commercially reasonable efforts to promptly respond and resolve any problem or question.