Website Terms and Conditions of Use
BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO BARNYARN.COM, AND WE RESERVE THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME AND WITHOUT NOTICE TO YOU.
- This Agreement specifies the terms and conditions for access to and use of barnyarn.com (the "Site") and describes the terms and conditions applicable to a user’s access of and use of the Site.
- All content included on this Site is and shall continue to be the property of the Company or its content suppliers and is protected under applicable intellectual property laws, including copyright, patent, trademark, and other laws. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
- Intended Audience. YOU MUST BE AT LEAST 16 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE. IF YOU ARE 16 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE.
- You acknowledge the Company's exclusive rights in the barnyarn.com trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on this Site are the property of the Company or the party that provided such intellectual property to the Company. The Company and any party that provides intellectual property to the Company retain all rights with respect to any of their respective intellectual property appearing on this Site, and no rights in such materials are transferred or assigned to you.
- Personal and Non-Commercial Use of Website. The Site is for your personal and non-commercial use, unless otherwise specified. You may not use any service provided by the Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company. You may not: (a) modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to this Site; or (b) reverse engineer and/or break into the Site; or (c) use materials, products or services offered on the Site in violation of any law. The use of this Site is at the discretion of the Company and the Company may terminate your use of this Site at any time.
- Compliance with Laws. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
- You agree to indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.
- The use of this Site is at your sole risk. The Site and any information or service provided through the Site is provided on an "as is" and "as available" basis. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE SITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE SITE WILL BE CORRECTED. No advice or information, whether oral or written, obtained by you from or through the Company shall create a warranty not expressly stated in this Agreement.
- Limitation of Liability. THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR THE COMPANY WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE USE OF THE SITE OR ANY SERVICE IT PROVIDES.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Governing Law; Arbitration; Class Action. If there is any dispute about or involving the Site or this Agreement, you agree that any dispute shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. To the extent that such disputes cannot be resolved, the only forum and remedy will be final and binding arbitration conducted by the American Arbitration Association under its Commercial Arbitration Rules (unless you are an individual or otherwise qualify for its Supplementary Procedures for Consumer-Related Disputes).
All claims must be asserted in the your individual role and not as a plaintiff or class member in any class action, collective action, private attorney general action, or other representative proceeding. This waiver also applies to class arbitration which may not consolidate more than one person's claims without the Company’s consent. You also agree that under this Agreement, you and the Company are each waiving rights to a trial by jury.
- If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by us must be in writing and signed by an authorized representative of the Company.
- Modification and Termination of the Site. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any service provided by the Site (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any service.
- Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- Contact Information.