Site Terms of Use

Last Updated: May 31, 2016

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

The Site website was created and maintains the site dedicated to providing artistic and scholarly information and resources to the public via the Internet about the art, and life of California artist, Barbara C. Barrett. By using the sites and its content you are agreeing to comply with and be bound by the following terms, which may be changed at any time.

Privacy Policy

Site is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents

The BarbaraBarrett.org Site (heretofore referred to as “Site”) is owned by the artist, Barbara C. Barrett, Rancho Mirage, CA, United States of America (“Owner”). Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Content”), is owned by Barbara C. Barrett, its licensors, or its third-party partners.

All elements of the Site, including the Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

You are authorized to view, download and print the Content subject to the following conditions:

  1. You must adhere to any and all additional terms or restrictions

provided within individual sections of the Web sites relating to particular Content;

  1. Unless otherwise restricted, you may only do so for your own personal and noncommercial use, or for fair use as defined in the United States copyright laws;
  2. Downloading, copying, or re-transmitting any or all Content for commercial use or for use on personal Web sites is prohibited without, or in violation of, a written license or agreement with the artist, Barbara C. Barrett;
  3. You may not remove any copyright, trademark, or other proprietary notices that have been placed in or near the Content by the Site;
  4. You may not modify the Content;
  5. You may not manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology;
  6. You may not use the Site or the Content other than for its intended purpose; and
  7. Any displays or printouts of the Content must be marked “© [insert year of display or printout Site. All rights reserved.”

Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

All parties downloading, printing or using the Content in any manner, represent and warrant that their use will be consistent with this license and that they will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Permissions and Requests for Images and Other Content

Except as expressly permitted above, reproduction or redistribution of the Content or any portion of the Content is strictly prohibited without the prior written permission of the artist, Barbara C. Barrett.

The Site Owner does not distribute or permit reproduction of any Site Content including but not limited to text, video, and images except as expressly permitted above.

U.S. Government Restricted Rights

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Owners proprietary rights in them.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Site has adopted a policy of terminating, in appropriate circumstances and at Owners sole discretion, account holders who infringe the intellectual property rights of Site or any third party.

Copyright Complaints

We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user’s e-mail address, or by written communication sent by first-class mail to a user’s address.

Blog/s

The Site sometimes provide blog/s for the exchange of ideas and information.

By posting comments to the Site blog you agree to avoid abusive language and refrain from posting any content that infringes upon any third party’s rights, including privacy, copyright, trademark, or patent. We have implemented automatic filter software to block offensive language. All comments are posted immediately upon receipt. We reserve the right to modify or delete comments we find to be inappropriate or offensive or not related to the topic. We will not correct spelling, grammar, or factual errors but we may comment on them. We hope you share your thoughts with us. Please note: We may discontinue our blogs at any time. We do not have the ability to remove comments upon your request. By submitting comments, you acknowledge that they will be posted immediately on the World Wide Web. You agree we have the right to quote from your comments in all media now known and hereinafter devised.

Unrestricted Forum/s

The Site Web sites sometimes provide unrestricted forum/s for the exchange of ideas and information by participants. The Site does not edit or control the information or materials posted to or distributed through these Forums (“Talk Content”). The Site is not in any way responsible or liable for Talk Content, and claims no proprietary rights of any kind arising from the posting or distribution of material through these Forums.

By posting or distributing information or material through these Forums, you expressly abandon any proprietary rights you may have in such Talk Content, and such information or material may be freely copied and distributed by others without your permission. You are responsible for obtaining permission from any third party owner of proprietary material, such as a copyrighted story or a news article written by another person, before you post or distribute such material through these Forums. The Site requires you to obtain all necessary permissions before posting or distributing any Talk Content.

The Site does not warrant that use of the materials displayed in these Forums will not infringe the rights of third parties not owned by or affiliated with the Site. For example, some works may be under copyright by the artist or the artist’s heirs holding rights to these works. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright.

Links to Third Party Web Sites Are Not Endorsements

The Site Web site may contain links to third party Web sites. The linked sites are not under the control of the Site, and the Site is not responsible for the contents of any linked site. The Site provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by the Site.

Disclaimer

THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” AND SITE AND ITS OWNER, DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT SITE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Site uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.

Site offers a search feature within the Site. The Site Site Owners explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Site also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Applicable Law and Jurisdiction

The Site (excluding links to Web sites operated by others) are controlled and operated by the Site from its offices in and around Rancho Mirage, California, United States of America. Although the Owner has made no effort to publish the Site elsewhere, they are accessible in all fifty U.S. states and in other countries due to their presence on the World Wide Web. As each of these states and countries have laws which may differ from those of California and from each other, and as you and the Site both benefit from establishing a predictable legal environment in which to publish, access and use the Site Web sites, by publishing, accessing, and/or using the Site Web sites you agree that all matters arising from or relating to the use and operation of the Site Web sites will be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Site Web sites will be heard and resolved in the courts of Riverside County, California and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise. If you choose to access the Site Web sites from locations other than Rancho Mirage, California, you will be responsible for compliance with all local laws of such other locations.

Indemnity

You agree to indemnify, defend, and hold the Site harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the Site Web sites.

Limitation of Liability

IN NO EVENT SHALL THE ARTIST, BARBARA C. BARRETT, THE SITE, ITS OWNER, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SITE’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SITE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SITE FOR ACCESS TO OR USE OF THE SITE.

Miscellaneous Provisions

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by the artist, Barbara Barrett. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Site Terms

Site reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit our websites.

Questions and Contact Information

Questions or comments about the Site or Site Terms may be directed to the Site Administrator at

BarbaraBarrett.org
C/O MaximillianGroup™ Inc
PO Box 2244
Rancho Mirage, CA 92270
United States