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Welcome to ShopBarbara.com. The goal of this web site is to provide access to
the best assortment of clothing and lingerie and services to the
largest group of people possible. To insure a safe, nonoffensive environment
for all of our users, we have established our Terms of Use. It spells out what
you
can expect from us and what we expect from you. By accessing any areas of
ShopBarbara.com, users ("Users") agree to be legally bound and to abide
by the terms set forth below. *
I. TRADEMARKS
Shopbarbara.com graphics, logos and service
marks and trademarks of ShopBarbara.com and its affiliates may not be used
without prior written consent of ShopBarbara.com or its affiliates, as the case
may be. All other trademarks, product names, and company names and logos
appearing on ShopBarbara.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of ShopBarbara.com is at User's sole risk. Neither
ShopBarbara.com, nor its affiliates, nor any of their officers, directors, or
employees, agents, third-party content providers, merchants, sponsors, licensors
(collectively, "Providers"), or the like, warrant that ShopBarbara.com
will be uninterrupted or error-free; nor do they make any warranty as to the
results that may be obtained from the use of ShopBarbara.com, or as to the
accuracy, reliability, or currency of any information content, service, or
merchandise provided through ShopBarbara.com.
THIS SITE IS PROVIDED BY ShopBarbara.com ON AN "AS IS"AND "AS
AVAILABLE" BASIS. ShopBarbara.com MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, ShopBarbara.com DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. ShopBarbara.com WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL
ADVICE OR WRITTEN INFORMATION GIVEN BY ShopBarbara.com NOR ITS AFFILIATES, NOR
ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE,
SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall ShopBarbara.com or any other party involved in
creating, producing, or distributing ShopBarbara.com be liable for any direct,
indirect, incidental, special, or consequential damages that result from the use
of or inability to use ShopBarbara.com, including but not limited to reliance by
a User on any information obtained from ShopBarbara.com 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 ShopBarbara.com's records, programs, or
services. User hereby acknowledges that this paragraph shall apply to all
content, merchandise, and services available through ShopBarbara.com. Because
some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states liability is limited to the
fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that ShopBarbara.com contains information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds, and other
material (collectively "Content") that are protected by copyrights,
trademarks, trade secrets, or other proprietary rights, and that these rights
are valid and protected in all forms, media and technologies existing now or
hereinafter developed. All Content is copyrighted as a collective work under the
U.S. copyright laws, and ShopBarbara.com owns a copyright in the selection,
coordination, arrangement, and enhancement of such Content. User may not modify,
remove, delete, augment, add to, publish, transmit, participate in the transfer
or sale of, create derivative works from, or in any way exploit any of the
Content, in whole or in part.
b. SINGLE COPY LICENSE
Subject to all provisions herein, you may make one copy, by either downloading
or copying, text, photographs, images, video, and audio contained in this site
on a single computer for your personal, non-commercial use only. However, any
use of ShopBarbara.com, including the downloading or copying of our materials
from this Web site for your personal use, will indicate your consent and
agreement to the terms stated in this notice. No right, title or interest in our
material downloaded or copied from this Web site is conveyed to you as a result
of any such downloading or copying, and such downloaded or copied material may
not be used for any commercial purpose. This is a license, not a transfer of
title to our material, and such license is subject to the following
restrictions:
- you may not reproduce, publish, transmit, distribute, perform, display,
modify, create derivative works from, sell, rent, or otherwise exploit this
site or any of its contents without our prior written permission;
- you may not post, upload, display or otherwise transmit our materials to
another Web site, including but not limited to, any personal or commercial
Web sites; and
- you agree to prevent any unauthorized copying of our materials.
If no specific restrictions are displayed, Users may make one copy of select
portions of the Content, provided that the one copy is made only for User's
personal use and that User maintains any notices contained in the Content, such
as all copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted by the
fair use privilege under the U.S. copyright laws (see,e.g., 17 U.S.C. Section
107), User may not upload, post, reproduce, or distribute in any way Content
protected by copyright, or other proprietary right, without obtaining permission
of the owner of the copyright or other propriety right. In addition to the
foregoing, use of any software Content shall be governed by the software license
agreement accompanying such software.
c. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise
distribute on ShopBarbara.com only Content that is not subject to any copyright
or other proprietary rights protection (collectively, "Public
Content"), or Content in which the author has given express authorization
for distribution on the World Wide Web. Any copyrighted or other proprietary
Content distributed with the consent of a copyright owner should contain a
phrase such as "Copyright, owned by [name of owner]; used by
permission." The unauthorized submission or distribution of copyrighted or
other proprietary Content is illegal and could subject the User to criminal
prosecution as well as personal liability for damages in a civil suit. User will
be liable for any damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from such submission. Neither
ShopBarbara.com, nor its affiliates, nor any of their officers, directors,
employees, agents, Providers, or the like, will be liable for any damage
resulting from any infringement of copyrights or proprietary rights, or from
any
other harm arising from such User submission. In compliance with the Digital
Millennium Copyright Act, Users and other persons can report infringement to customerservice@ShopBarbara.com.
By submitting Content to any User-submit areas, User automatically grants, or
warrants that the owner of such Content has expressly granted ShopBarbara.com
the royalty-free, perpetual, irrevocable, nonexclusive right and license to use,
reproduce, publish, translate, sublicense, copy, and distribute the Content in
whole or in part worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed for the full term of any
copyright that may exist in such Content. User also permits any other User to
access, store, or reproduce the Content for that User's personal use. Subject
to
this grant, the owner of Content placed on ShopBarbara.com retains any and all
rights that may exist in such Con tent.
d. THIRD-PARTY CONTENT
ShopBarbara.com is a distributor and not a publisher of Content supplied by third
parties and Users. ShopBarbara.com has no more editorial control over such
Content than does a public library or newsstand. Any opinions, advice,
statements, services, offers, or other information that constitutes part of
Content expressed or made available by third parties, including Providers or any
other User of ShopBarbara.com, are those of the respective authors or
distributors and not of ShopBarbara.com or its affiliates or any of their
officers, directors, employees, or agents. Neither ShopBarbara.com nor its
affiliates, nor any of their officers, directors, employees, or agents, nor any
third party, including any Provider, or any other User of ShopBarbara.com,
guarantees the accuracy, completeness, or usefulness of any Content, nor its
merchantability or fitness for any particular purpose. In many instances, the
Content available through ShopBarbara.com represents the opinions and judgments
of the respective Provider, or User not under contract with ShopBarbara.com.
ShopBarbara.com neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice, or statement made on ShopBarbara.com by
anyone other than authorized ShopBarbara.com employees. Under no circumstances
shall ShopBarbara.com, or its affiliates, or any of their officers, directors,
employees, or agents be liable for any loss, damage or harm caused by a User's
reliance on information obtained through ShopBarbara.com. It is the
responsibility of User to evaluate the information, opinion, advice, or other
Content available through ShopBarbara.com.
e. EXPORT
The U.S. export control laws regulate the export and reexport of technology
originating in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
User agrees to abide by these laws and their regulations -- including but not
limited to the Export Administration Act and the Arms Export Control Act and not
to transfer, by electronic transmission or otherwise, any Content derived from
ShopBarbara.com to either a foreign national or a foreign destination in
violation of such laws.
f. LINKS
ShopBarbara.com is not responsible for the availability of external sites or
resources linked to this site, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such sites or resources. ShopBarbara.com shall not be responsible
or liable, directly or indirectly, for any damages or loss caused or alleged to
be caused by or in connection with use of or reliance on any such content,
goods, or services available on or through any such site or resource.
g. IMPORTANT NOTICE TO WEBMASTERS
Regarding the use of trademarked names in metatags and/or hidden text,
ShopBarbara.com has a no-tolerance policy. The use of trademarked names in
metatag keywords is trademark infringement, and the use of trademarked terms in
page text, metatags, and/or hidden text for purposes of gaining higher rankings
from search engines is unfair competition. Linking to any ShopBarbara.com web
page is prohibited absent express written permission from ShopBarbara.com.
Framing the ShopBarbara.com web site with links, advertisements and/or other
information not originating from the ShopBarbara.com web site is expressly
prohibited.
h. PRICING
All prices listed are accurate to the best of our ability. In the rare case an item is mislisted, ShopBarbara.com, Inc. reserves the right to refuse to sell the item at the listed price.
IV. ONLINE CONDUCT
User agrees to use ShopBarbara.com only for lawful purposes. User is prohibited
from posting on or transmitting through ShopBarbara.com any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or otherwise objectionable material of
any kind, including but not limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international law.
If ShopBarbara.com is notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Content provided by User, ShopBarbara.com may investigate
the allegation and determine in its sole discretion whether to remove or request
the removal of such Content from ShopBarbara.com. ShopBarbara.com may disclose any
Content or electronic communication of any kind
- to satisfy any law, regulation, or government request;
- if such disclosure is necessary or appropriate to operate ShopBarbara.com;
or
- to protect the rights or property of ShopBarbara.com, its Users or
Providers.
ShopBarbara.com reserves the right to prohibit conduct, communication, or Content
that it deems in its sole discretion to be harmful to individual Users,
ShopBarbara.com, the communities that make up ShopBarbara.com, or any rights of
ShopBarbara.com or any third party, or to violate any applicable law.
Notwithstanding the foregoing, neither ShopBarbara.com nor its Providers can
ensure prompt removal of questionable Content after online posting. Accordingly,
neither ShopBarbara.com, nor its affiliates, nor any of their officers,
directors, employees, or agents, nor Providers shall assume liability for any
action or inaction with respect to conduct, communication, or Content on
ShopBarbara.com.
V. PRIVACY POLICY
In accordance with the terms of ShopBarbara.com's
Privacy
Policy ShopBarbara.com respects the privacy of its Users.
VI. TERMINATION OF USAGE
ShopBarbara.com may terminate User's access, or suspend any User's access to all
or part of ShopBarbara.com, without notice, for any conduct that ShopBarbara.com,
in its sole discretion, believes is in violation of any applicable law or is
harmful to the interests of another User, a third-party Provider, a service
provider, or ShopBarbara.com.
VII. USAGE BY MINORS
ShopBarbara.com cannot prohibit minors from visiting this site. ShopBarbara.com
must rely on parents, guardians and those responsible for supervising minors to
decide which materials are appropriate for such children to view.
ShopBarbara.com requires that all purchases be made by an adult.
EACH TIME YOU PURCHASE A PRODUCT AT ShopBarbara.com, YOU ARE REPRESENTING TO
ShopBarbara.com THAT YOU ARE AN ADULT.
VIII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any
reason any provision of these Terms of Use shall be held invalid or
unenforceable in whole or in part in any jurisdiction, such provision shall, as
to such jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions hereof in any
jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents
referenced herein, represents the entire understanding between you and
ShopBarbara.com regarding your relationship with ShopBarbara.com and supersedes
any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF
USE by using the ShopBarbara.com web site. The aforementioned Terms of Use are
subject to change.
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