Bern Central

Terms of Use

You recognize and accept our “Policy”, specifically, that you, the “Buyer”, are purchasing from us, the “Seller” (bernmeister.com via bernmeister LLC), a conditional and limited License to use and enjoy certain specific “Digital Media” that is made available for download with your purchase after payment; the conditions and limitations of the License are as the Seller prescribes at or prior to purchase, and may be modified or revised for any reason, including but not limited to any obligation to meet any current law, at any subsequent time.

The current conditions and limitations of the License are that the nature of the License is to allow you full legally acceptable personal, non-commercial use and enjoyment of the media, while at the same time establishing that such media is not property that is owned by the Buyer or the ultimate user, the “Consumer”. As such, you may play the digital media repeatedly without any “per use” limitation; however, as the digital media is not “property” in which you (would) have any legal right of ownership, you (as a buyer who is a consumer only without actual legal right of ownership) may never sell same but instead only be reimbursed in connection with a transfer, as that may apply to a gift. In addition, you may not duplicate any such digital media, or otherwise violate copyright law or intellectual property rights. You (as a buyer who is a consumer without actual legal right of ownership) are not and will not be authorized for duplications of the digital media; you may transfer the digital media you have purchased by giving it to another as a gift. Such transfer as a gift must be without money or other consideration. Incidentally, this policy (of a purchaser obtaining digital media without owning the content but having limited right for use) is already the evolving de facto standard of an industry that sells content via digital download – we are just being up front and telling you about it in clear terms. This current approach of this policy differentiates between prior history and today’s standard. Consider for example when vinyl records were sold, buyers often collected and traded “singles,” which was proper as such items were their property. With this Policy, and the sale of a conditional and limited License and corresponding media specifically paired uniquely to that License which is uniquely paired to your purchase, that is no longer the case.

{This overall policy that you the Buyer are sold a License for non-commercial [personal] use remains consistent with a single buyer, in that there is always at any given time a single transaction with a single buyer presenting an authorized payment. If someone were to use their credit card, for example, to purchase items of digital media and license here at this website (or one affiliated with this website) for a friend without their own credit card, and then to be reimbursed by that friend, that would be acceptable because in such case the actual purchaser with the credit card is functioning as an intermediary in a transfer process from Buyer at point of sale to the consumer (typically the end user) who receives and uses the digital media. But again, in no cases may purchaser or consumer illegally use or duplicate the digital media, including by making and/or selling unauthorized copies.}

At the present time, the format of such digital media may resemble either a PDF file (Portable Document Format) or an MP3 file; and we may update that to include other file formats in the future, particularly to enable sale of audio-visual, as well as visual, media. However, any downloaded media types are, in fact, as represented, unique digital material which only otherwise happens to mirror PDFs and MP3s [or their successors] in every other way, even if the seller elects to employ convention and use the terms “PDF” and “MP3” [or their successors] [(also lower case nomenclature).

At some future time, Seller may modify or augment the sales process to enhance the sales transaction experience for Buyer and Seller. This may enable facilitate sale of items purchased here at the website, or by similar arrangement with Seller, which are purchased online but are not downloaded, resulting in an alternate delivery for fulfillment to buyer. (An example is a T-shirt for which the sales transaction is online, but which must then be shipped as directed.) Such quality control or other enhancements will be evident at this website at such time as is applicable.

Privacy Policy

We do not directly share any information received from you with third parties such as mailing list companies, etc.;  such information is processed through a shopping cart, etc., through WordPress and is shared with PayPal and credit card companies. We are not responsible/liable for any reason for any flowing of that information at any other time to any other party.

Sales Policy

All sales are final. Due to the unique nature of digital media; there are no refunds or exchanges. Further, no employee, agent, or other on behalf of this company (bernmeister.com, CO [“company”]) will advocate for any credit or other adjustment as to any credit card purchase. Purchases by credit card are between you and the credit card company. As to all purchases (especially those through electronic means such as credit card or direct payment entities such as PayPal) such are deemed final and same shall not be reversed unless required by law.

At present, all sales, being digital media, are fulfilled by download, so the above sales policy applies. If and when at this specific site sale of other items which cannot be delivered through download (such as a T-shirt) will be made available, a separate sales policy may be adopted specifically and exclusively for such products, and will be listed here at that time.

Return Policy

For reasons stated above, there is no return policy.

Refunds

For reasons stated above, there are no refunds, except as may be required by law.

Disclosure

You participate in this website at your own risk. Neither bernmeister.com (operated by bernmeister LLC) nor its ownership, employees, or agents or others as may be applicable are responsible, and specifically ARE NOT LIABLE in any way shape or form with your visiting or using the site in any manner. Same are also not responsible, and specifically ARE NOT LIABLE in any way shape or form for any experience you have in connection with any third party affiliated or non-affiliated but doing business with this site, including but not limited to any credit card company, for example, or Paypal, or any similar or such other financial services provider, whether that experience is while you are visiting or using the site in any manner, or at any subsequent time post such visit or use.

bernmeister.com is operated by bernmeister LLC, a wholly owned company.

Inquiries may be sent to inquiries@bernmeister.com.

Final Notes