Barbra Archives: Terms & Conditions
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The use of this site is governed by the policies, terms and conditions set forth below ("Terms and Conditions of Use"). Please read them carefully. Your use of this site indicates your acceptance of these Terms and Conditions of Use. Your submittal of any personal information to Barbra-Archives.com indicates acceptance of these Terms and Conditions of Use. These Terms and Conditions of Use shall supercede any subsequent terms or conditions included within this website, whether or not such terms or conditions are signed by Barbra-Archives.com. Barbra-Archives.com reserves the right to make changes to this site and these Terms and Conditions of Use at any time.
Copyright and Trademark Notices
All editorial contents and graphics on this site are copyrights of Barbra-Archives.com, except where noted, and the related logos are trademarks of Barbra-Archives.com. Other products and company names mentioned herein may be the trademarks or tradenames of their respective owners.
Disclaimer of Warranties
THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. Barbra-Archives.com MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Barbra-Archives.com DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Barbra-Archives.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Barbra-Archives.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
Barbra-Archives.com will not be liable for:
- the contents of any communication, message, or information provided to Barbra-Archives.com by you or other third parties;
- the contents of any website not controlled, owned, or operated by Barbra-Archives.com that is accessed from or linked to this website by direct or indirect means;
- any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
- any direct, indirect, incidental, special, or consequential damages whether in contract, tort, strict liability or otherwise, arising out of or relating to use of or inability to use this website, even if Barbra-Archives.com has been advised of the possibility of such damages. If certain states do not allow the limitation of liability for consequential or incidental damages, the above may not apply to you.
- if you submit material to Barbra-Archives, you grant Matt Howe and Barbra-Archives.com a nonexclusive, royalty-free, perpetual right to use, reproduce, modify, adapt, publish, distribute, and display such content throughout the world in any media.
You agree to indemnify and hold Barbra-Archives.com, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (a) your use of this website; (b) any alleged breach of these Terms and Conditions of Use.
This website is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the system, Barbra-Archives.com website as a whole software, products or services obtained from or available as part of or in conjunction with this system. You are granted a non-exclusive, non-assignable and non-transferable license to use this system only under these Terms and Conditions of Use.
This license is not a sale of any of the owner's rights. The Barbra-Archives.com website may be used only by you, and you may not rent, lend, sub-license or transfer the website or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the website. You may not transfer to or store any data residing or exchanged over the Barbra-Archives.com website in any electronic network for use by more than one user unless you obtain prior written permission from Barbra-Archives.com.
The Terms and Conditions of Use shall be governed by the laws of the District of Columbia, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and Barbra-Archives.com or its affiliates.
This site is operated by Matt Howe from the District of Columbia, United States of America. Barbra-Archives.com makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions of Use shall be governed by internal D.C. and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Washington, D.C. Use of this site is unauthorized in any jurisdiction that does not effect to all provisions of these Terms and Conditions of Use, including without limitation this paragraph.
Given the nature of these terms, you understand and agree that, in addition to money damages, Barbra-Archives.com will be entitled to equitable relief upon a breach of them by you.
No waiver by Barbra-Archives.com shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival of Provisions
Each provision of the Terms and Conditions of Use shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. These Terms and Conditions of Use shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by the competent court.
We intend that these Terms and Conditions of Use constitute the entire agreement between Barbra-Archives.com and you. Any changes to these Terms and Conditions of Use between Barbra-Archives.com and you must be in writing and signed by both parties.
If you have any questions concerning this site or its policies, please contact us by emailing me at matt [at] barbra-archives [dot] com.