TERMS AND CONDITIONS OF USE

Introduction

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 BarbaraEden.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 BarbaraEden.com. BarbaraEden.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 BarbaraEden.com, except where noted, and the related logos are trademarks of BarbaraEden.com. Other products and company names mentioned herein may be the trademarks or tradenames of their respective owners. If you are, or represent a photographer who's photography is present on this site and would like to be credited (if a credit is not present) please contact us. If you represent a photographer or are the photographer of an image on this site and would like a photo removed please contact the site.

Disclaimer of Warranties

THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. BarbaraEden.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, BarbaraEden.com DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BarbaraEden.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. BarbaraEden.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.

BarbaraEden.com will not be liable for:

  • the contents of any communication, message, or information provided to BarbaraEden.com by you or other third parties;
  • the contents of any website not controlled, owned, or operated by BarbaraEden.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 BarbaraEden.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.

Indemnification

You agree to indemnify and hold BarbaraEden.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.

Limited License

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, BarbaraEden.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 BarbaraEden.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 BarbaraEden.com website in any electronic network for use by more than one user unless you obtain prior written permission from BarbaraEden.com.

Law

The Terms and Conditions of Use shall be governed by the laws of the state of California, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and BarbaraEden.com or its affiliates.

This site is owned by BarbaraEden.com in the state of California, United States of America. BarbaraEden.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 state of California 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 the state of California. 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.

Remedies

Given the nature of these terms, you understand and agree that, in addition to money damages, BarbaraEden.com will be entitled to equitable relief upon a breach of them by you.

Waiver

No waiver by BarbaraEden.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.

Entire Agreement

We intend that these Terms and Conditions of Use constitute the entire agreement between BarbaraEden.com and you. BarbaraEden.com reserves the right to change, alter or otherwise modify these terms without notice and use of BarbaraEden.com signifies your understanding and acceptance of this.

AGREEMENT LAST UPDATED APRIL 23, 2014

SITE & CONTENTS ARE COPYRIGHT BARBARAEDEN.COM / DESIGNED & MAINTAINED BY TANGIBLE DREAMS ENTERTAINMENT, LLC