Your continued use of the website following any such modification shall be deemed acceptance of such modifications. If you don’t accept these terms, please discontinue your use of the website immediately.
SPECIAL NOTICE TO CHILDREN
IF YOU ARE UNDER 18 YEARS OLD, PLEASE HAVE YOUR PARENT/GUARDIAN READ THIS POLICY COMPLETELY. PLEASE ASK YOUR PARENT/GUARDIAN TO EXPLAIN IT TO YOU IF YOU HAVE ANY QUESTIONS.
The only personally identifiable information about you that is collected is that which you provide on a voluntary basis. We make every effort to ensure that whatever information you provide is maintained in a secure environment. We will not knowingly or intentionally disclose, give, sell or transfer any personal information about our visitors, unless required for law enforcement or statute.
EMAILS AND SUBMITTED MATERIAL
Any communication or material you transmit or submit to Bruce Barber, the website, or Barber Productions, Inc. by electronic mail or other means, including any data, questions, comments, suggestions, voice mail messages and interviews will be treated as non-confidential and nonproprietary. Anything you transmit, submit or post to may be used by Barber Productions, Inc. for any purpose, publication, podcast, broadcast and posting without any further consent from, or notice to, you. Barber Productions, Inc. is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing products or services using such information.
By communicating with Barber Productions, Inc., you grant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Barber Productions, Inc. the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify, defend and hold harmless Barber Productions, Inc. for all claims resulting from content you supply. Barber Productions, Inc. has the right (but not the obligation) to monitor and edit or remove any activity or content. Barber Productions, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
The website and all of its past, current and future content – such as articles, opinions, other text, directories, guides, photographs, illustrations, designs, compilations, images, video and audio clips, and advertising copy – as well as the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyrightable materials (including source and object code), and all other materials related to the “look and feel” of the website – and any other form of intellectual property (collectively “the content”) – is owned by or licensed to Barber Productions, Inc. and is protected as intellectual property or otherwise. Except as expressly set forth in these terms or expressly granted to you by Barber Productions, Inc. in writing, no rights (either by implication, estoppel or otherwise) are granted to you. You are authorized to make a single, one-time, copy of a document or part of a document published on the website, or audio/video content posted on this site, provided that our copyright notice is clearly displayed on your copy, or that the audio content is unaltered after download. You are not authorized to download documents, parts of documents, logos and other materials from the website for your own commercial or online purposes without our prior written consent.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.
The website and its content (including any uploaded information) is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal or other advice. Barber Productions, Inc. makes no representations or warranties and expressly disclaims any and all liability concerning any treatment or action by any person following the information offered or provided within or through the website. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Although we work very hard to provide you with the most current and accurate information on the website, Barber Productions, Inc. does not warrant or represent that anything you see on the website is up-to-date, error-free or complete. While we may periodically add, modify or delete any of the information on this site, Barber Productions, Inc. does not make any commitment or assume any obligation or duty to do so. If you find information on the site that is incorrect, please notify Bruce Barber at the following e-mail address: bruce [at] barberproductions [dot] com
IN NO EVENT SHALL BARBER PRODUCTIONS, INC. AND/OR ITS PARTNERS, SUPPORTERS, SUBSIDIARIES, AFFILIATES OR ADVERTISERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS OR DATA, WHETHER BASED UPON AN ACTION IN CONTRACT OR TORT, AND REGARDLESS OF WHETHER SUCH A CAUSE OF ACTION ARISES OUT OF THE USE OR PERFORMANCE OF THE WEBSITE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If this disclaimer should fail of its essential purpose, then the user agrees that any claim against Barber Productions, Inc. shall be limited to the claimant’s actual damages or $25.00 whichever is less. If the user is unwilling to be bound by the website’s limitation on liability and damages, then the user is prohibited from any use of the website. Barber Productions, Inc. assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment (including hardware, software, peripherals, files and databases) or other property on account of your access to, use of, or browsing in the website, or your downloading of any materials, data, text, graphics, images, audio or video from the website. Any product, offering, content or material downloaded or otherwise obtained through the use of the website is done at user’s sole risk and user will be solely responsible for any damage to user’s computer system or loss of data that results from the download of any such product, offering, content or material.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the website, you warrant to Barber Productions, Inc. that you will not use the content or the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the website, and posting and retrieval of information on the site. You are responsible for paying and/or collecting and remitting all applicable fees and taxes imposed upon you by the appropriate governmental entity and incurred in connection with your access to our servers.
LINKS TO THIRD-PARTY SITES
The website contains hyperlinks to web sites operated by parties other than Barber Productions, Inc. Such hyperlinks are provided for your reference and convenience only. Barber Productions, Inc. does not control such websites, and may not have reviewed such websites. Barber Productions, Inc. expressly disclaims any responsibility for their contents. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such web sites or any association with their operators. Linking to any off-site pages is at your own risk.
Any claim relating to this agreement or the materials shall by governed by the laws of the State of Connecticut, United States of America, exclusive of the choice of law rules thereof. This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of Barber Productions, Inc. in exercising any right or remedy hereunder or enforcing the terms and conditions of this agreement will operate as a waiver thereof. If any part or provision of this agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Barber Productions, Inc. as a result of this agreement or use of this website.
INFORMATION AUTOMATICALLY COLLECTED AND STORED
When you browse through any web site, certain personal information about you can be collected. Like most standard web site servers we use log files. We automatically collect and temporarily store information about your visit. We use this information for statistical purposes and to help us make our site more useful to visitors and advertisers. The data collected may include Internet protocol (IP) addresses, domain name, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This data is used to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. Your IP number is visible to most of the web sites that you visit. Barber Productions, Inc. may use IP numbers to help diagnose problems with our servers and to administer the website.
We reserve the right to perform statistical analysis of user behavior and characteristics while visiting this site. We do this in order to measure interest in and use of the site. We may share this information in the aggregate with advertisers or potential advertisers. We provide only aggregate data from these analyses to third parties. Advertisers will not be able to identify any individual from the data provided.
A cookie is a mechanism that allows a web site to record your comings and goings, usually without your knowledge or consent. If you do not want to accept cookies you must set your browser software to not accept cookies. Look in the “Preferences” or “Internet Options” feature to disable cookies. If you disable cookies you may not be able to use certain features. Also, the disabling of cookies may prohibit you from participation in contests and drawings.
Barber Productions, Inc. may use registration forms that require users to provide an e-mail address, and may request demographic information (like zip code and country). Contact information from the registration forms is used to gather aggregate demographic data. The demographic information is shared with advertisers and partners on an aggregate basis only. Individual information is never shared with any third party. Barber Productions, Inc. will not sell your e-mail address or knowingly distribute it to any other entity.
SURVEYS AND CONTESTS
Occasionally our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used and shared with the contest sponsors to notify the winners and award prizes. Anonymous survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Your personally identifiable information is not shared with third parties. We provide only aggregate data to third parties. Advertisers will not be able to identify any individual from the data provided. The website may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion any may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We are aware of your privacy concerns and strive to collect only as much data as is required to make your use of this site as efficient and satisfying as possible.
Notwithstanding the above policies, Barber Productions, Inc. reserves the right to disclose your personal information to appropriate third parties if required to do so by law or if Barber Productions, Inc. believes that such action is necessary:
- To comply with legal process such as a search warrant, subpoena or court order;
- To protect the Company’s rights and property;
- To investigate reports of users sending material using a false e-mail address or users sending harassing, threatening or abusive messages;
- To protect against misuse or unauthorized use of the website; or
- During emergencies, such as when Barber Productions, Inc. reasonably believes someone’s physical safety is at risk.