PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TOU”) BEFORE USING THIS WEBSITE. THE WEBSITE WWW.SHERRYBARRETTART.COM (”SBART.COM”) HAS BEEN CREATED AND IS OWNED BY SHERRY BARRETT (“ARTIST”). BY CONTINUING TO ACCESS OR VISIT THIS SITE, OR BY USING ANY SERVICE PROVIDED ON THIS SITE, YOU (“USER”) SIGNIFY YOUR ACCEPTANCE OF THE TOU FOR WWW.SHERRYBARRETTART.COM (“SBART.COM”). ARTIST RESERVES THE RIGHT TO AMEND, MODIFY, CHANGE, OR ADD TO THE TOU AT ANY TIME. ANY SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY. ACCORDINGLY, YOU SHOULD REVIEW THE TOU WHENEVER ACCESSING OR USING THIS SITE. YOUR USE OF THIS SITE, OR ANY SERVICE ON THIS SITE, AFTER THE POSTING OF MODIFICATIONS TO THE TOU, WILL CONSTITUTE YOUR ACCEPTANCE OF THE TOU, AS MODIFIED. IF YOU DO NOT WISH TO ACCEPT THE TOU, YOU MAY NOT USE OR ACCESS THIS SITE. ANY CHANGES, MODIFICATION, ALTERATIONS, OR DELETIONS OF ANY TERMS AND/OR CONDITIONS PROPOSED BY YOU THAT ARE IN ADDITION TO OR WHICH CONFLICT WITH THE TOU ARE EXPRESSLY REJECTED BY ARTIST AND SHALL HAVE NO FORCE OR EFFECT.
Intellectual Property Rights. This website SBART.COM, including, but not limited to, its content, art, images, graphics, digital assets, digital images created or taken by Artist, photographs, video, graphics, services, and material of any nature, is protected by copyrights, trademarks, service marks, international treaties, and other proprietary rights and laws of the U.S. and other countries. SBART.COM is also protected as a collective work or compilation under U.S. copyright laws and other laws and treaties. All individual art, photographs, images, blogs, articles, Artist commentary and other elements making up SBART.COM are also copyrighted works. All images and rights relating to them, including copyright and ownership rights in the media in which the images are stored, remain the sole and exclusive property of SBART.COM and Artist. You acknowledge that SBART.COM has been created, developed, compiled, prepared, selected, and arranged by Artist and others through the application of methods and standards of judgment developed and that this has been accomplished through the expenditure of substantial time, effort, and money and as such, constitutes valuable intellectual property and trade secrets of Artist and others. All present and future rights in and to any copyrights, trademarks, service marks, patents, and other proprietary rights of any type under the laws or regulations of any governmental authority, domestic or foreign, including rights in and to registrations, the creation and the running of SBART.COM ("Intellectual Property Rights") are and remain the sole and exclusive property of Artist. All present and future rights in and ownership and/or title to SBART.COM (including the right to control, merchandise and promote SBART.COM and any portions of SBART.COM over any present or future developed technology) are reserved to Artist for her exclusive use and control. Except as specifically permitted herein, you shall not use Artist’s Intellectual Property Rights or SBART.COM, or the names of any individual participant in, or contributor to, SBART.COM or any variations or derivatives thereof, for any purpose, without Artist's prior written approval.
License. User does not acquire any rights or licenses in or to SBART.COM, or any portion thereof, other than the limited right to utilize SBART.COM in accordance with the TOU, including Rights of Limited Use. User may not assign or transfer the Right of Limited Use or any rights granted by the TOU. Linking and Framing. User may only link to the home page of SBART.COM, not to any internal pages. User may not frame SBART.COM from another website, such as presenting content of SBART.COM within another website. User may not link to SBART.COM from any website containing defamatory, obscene, profane, indecent or unlawful material or information, including its domain name, or with any material or information that infringes or violates any applicable intellectual property, proprietary, privacy or publicity rights.
Account Registration. Artist reserves the right, in its sole discretion, to require registration and account creation to obtain access to SBART.COM or certain portions of SBART.COM.
Disclaimer. ALL IMAGES AND CONTENT PROVIDED AT SBART.COM ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. USER AGREES THAT YOUR USE OF SBART.COM IS AT YOUR SOLE RISK. USER ACKNOWLEDGES THAT SBART.COM AND ITS CONTENTS, INCLUDING IMAGES, ("CONTENTS") ARE PROVIDED "AS IS" AND “AS AVAILABLE.” ARTIST MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO SBART.COM OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR AVAILABILITY. ARTIST DOES NOT WARRANT THAT SBART.COM IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT IT WILL BE AVAILABLE FOR USE ON ANY DAY OR TIME. ARTIST DOES NOT WARRANT THAT SBART.COM IS FREE OF ERRORS, VIRUSES, WORMS OR ANY OTHER HARMFUL, INVASIVE, MALWARE, AND IS NOT LIABLE FOR ANY DAMAGE USER MAY SUFFER ACCESSING SBART.COM AS A RESULT OF SUCH VIRUSES OR MALWARE. THE CONTENT OF OTHER SERVICES, GOODS, OR ADVERTISEMENTS THAT MAY BE LINKED FROM SBART.COM IS NOT MAINTAINED OR CONTROLLED BY ARTIST. ARTIST IS NOT RESPONSIBLE FOR THE AVAILABILITY OR ACCURACY OF SBART.COM. ARTIST DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO LINKS PROVIDED ON, OR TO, SBART.COM. ARTIES DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS, OR ADEQUACY OF ANY SERVICES, GOODS, OR ADVERTISEMENTS THAT MAY BE LINKED FROM SBART.COM. Limitation of Liability. ARTIST SHALL NOT BE LIABLE TO USER FOR ANY FAULT, FAILURE, ERRORS, INACCURACY, UNAVAILABILITY, OMISSION, DELAY, INJURIES, OR DAMAGES OF ANY TYPE ARISING FROM USE OF OR INABILITY TO USE SBART.COM OR ANY LINKS FROM SBART.COM, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Liability for Submitted Material. Artist takes no responsibility and assumes no liability for any material submitted by User or any third party.
Ability to Contract. User represents and confirms that User is at least eighteen (18) years old and has the power and authority to enter into this TOU.
Indemnification. User agrees to indemnify and defend Artist against any claim, suit, or other proceeding brought against Artist by a third party to the extent that such claim, suit, or other proceeding brought against Artist is based on or arises in connection with SBART.COM or any links on SBART.COM, including, but not limited to: (i) a violation of the TOU by User or anyone using User’s computer; (ii) a claim that use of SBART.COM by User or someone using User’s computer infringes any Intellectual Property Right of any third party or any right of personality or publicity; or (iii) any deletions, additions, insertions, or alterations to SBART.COM by User or someone using User’s computer. User agrees to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with any such claim, suit or proceeding attributable to any such claim brought against User by Artist under the TOU. Waiver.No action by User or Artist may be construed to waive any provision of the TOU. A partial exercise of any term by Artist will not preclude further exercise of other rights or remedies under the TOU.
Governing Law. The TOU shall be governed, interpreted, and enforced in accordance with the laws of the State of California. Any claim or litigation arising out of the use of or in connection with SBART.COM, or from a dispute as to the interpretation or breach of the TOU, may be commenced only in courts physically located in Los Angeles, California, and the parties hereby consent to the personal jurisdiction of such courts.
Severability. If any provision of the TOU is found invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
Entire Agreement. The TOU and any other terms and conditions of service on SBART.COM constitute the entire agreement between you and Artist and govern your use of SBART.COM.
Termination. Artist and User may terminate the TOU with or without cause at any time. Such termination is effective immediately. User may terminate the TOU by discontinuing your use of SBART.COM. Artist may terminate the TOU immediately without notice if User fails to comply with any provision of the TOU. Upon termination by User or Artist, User must promptly destroy and/or delete all materials obtained from SBART.COM and any copies thereof, even granted under the Right of Limited Use.
SHERRYBARRETTART.COM® is a trademark of Sherry Barrett. All rights reserved.