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”). 

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. 

Right of Limited Use. User may use SBART.COM for your personal, non-commercial use only. Artist grants User a limited right to reproduce, copy, download, transmit and repost any content or image from SBART.COM for User’s private, non-commercial use only. User shall attribute Artist and/or SBART.COM as the original source of the image, content, photograph, video, text, image, graphic, digital image or digital asset obtained from SBART.COM. Outside of this limited use for personal, non-commercial purposes, User may not copy, reproduce, republish, publicly display, download, upload, post, transmit, distribute, modify, reuse, repost, or make any other use of any text, image, photograph, content, digital image or digital asset of SBART.COM, or any portion thereof without express written permission of Artist. Such written permission, if given, may involve monetary or other forms of compensation for use.  For any content, images or other protected information User takes from SBART.COM within the scope of this limited personal use license granted herein, User must retain all copyright and other proprietary notices contained in the original content. Some content may contain digital watermarks which indicate their source and ownership. User agrees not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks.
Restrictions on Use. In addition to the prohibitions under Rights of Limited Use, User may not sell, resell, republish, repackage, prepare derivative works based on SBART.COM (including, without limitation, any content, image, digital images, digital assets, text, photographs, video, graphics, Artist commentary, blogs, summaries of the content or thumbnails of any images therein), or any portion thereof, or reproduce, publicly display, distribute, or otherwise use SBART.COM, or any portion thereof, in any way for any public or commercial purpose. The use of any information or images contained on SBART.COM or for any purpose other than personal browsing and use of the SBART.COM without the express prior written permission of SBART or as allowed under Rights of Limited Use is strictly prohibited. Notwithstanding the above, User may view and download images solely for your personal, non-commercial use. 
Prohibited Behavior. User shall not use SBART.COM in any defamatory, disparaging, or otherwise objectionable manner or in any manner that would give rise to User or Artist for civil or criminal liability. User will not use SBART.COM or the information contained therein in unsolicited mailings or spam material. By use of and access to SBART.COM, User agrees: (1) not to use SBART.COM for illegal purposes; (2) not to use SBART.COM in any manner inconsistent with the TOU; (3) to protect the proprietary rights of Artist and all others having rights in SBART.COM during and after the term of this TOU; (4) to comply with all reasonable written requests made by Artist or its providers of content, equipment, or otherwise ("Providers") to protect their and others' contractual, statutory, and common law rights in SBART.COM; and (5) not to use, transfer, distribute, or dispose of any information contained on SBART.COM in any manner that could compete with the business of Artist. User further agrees to notify SBART in writing immediately upon becoming aware of any unauthorized access or use of SBART.COM by any party or of any claim that SBART.COM infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
Copyright Management Information. Images on SBART.COM may contain copyright management information (“CMI”) at the discretion of Artist in the form of either a copyright notice © and/or other copyright and ownership information embedded in the metadata or elsewhere, such as digital watermarks. Removing and/or altering such information is strictly prohibited and constitutes a violation of the Digital Millennium Copyright Act (“DMCA”). User will be responsible to Artist for any penalties and awards available under DMCA.

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.