TERMS AND CONDITIONS
DATE OF LAST REVISION February 15,2019
Welcome to BarryShore.com. BarryShore.com and/or its affiliates (“BarryShore.com, “we” or “us”) provide this website (“Site”) and the services available through this Site (“Services”) to you subject to the following conditions. We reserve the right, in our sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms without advance notice. No material changes to these Terms will be effective unless we have provided you with notice of such changes. If such changes are not acceptable to you, your sole remedy is to cease using this Site and Services, and if applicable, cancel your Site account. By continuing to access or use this Site and Services after we have notified you of the revised Terms, you agree to be bound by such revised Terms. If you do not agree to the amended terms, you must stop using the Site. BarryShore.com reserves the right to temporarily or permanently terminate your account at BarryShore.com’s sole discretion if it determines or suspects you have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized IP masking, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if BarryShore.com, in good faith and in its sole discretion, determines that you have breached these Terms & Conditions, BarryShore.com may withhold, cancel, or otherwise retain any and all of your pending deliveries from BarryShore.com.
Subject to these Terms, BarryShore.com grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent of BarryShore.com. This license does not include any resale or commercial use of this Site or its contents; any collection or use of any product, descriptions or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of others; any use of data mining, robots, or similar data gathering and extraction tools or any use of the Site or its contents other than for its intended purpose. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited except as expressly permitted under these Terms. Any unauthorized use is prohibited and may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BarryShore.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing BarryShore.com’s name or trademarks without the express written consent of BarryShore.com. Any unauthorized use terminates the permission or license granted by BarryShore.com. You may not use any BarryShore.com logo or other proprietary graphic or trademark as part of a link to our Site without our express written permission. This license is revocable at any time.
COPPA Compliance and Age Restrictions: This Site complies with the Children’s Online Privacy Protection Act (“COPPA”). The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with RMI or provide your personal information to us. If you are at least 13 but under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with RMI only if you have the consent of your parent or guardian, including consent to these Terms on your behalf.
USER CONTENT RULES AND POLICIES
The Site may include interactive areas (“Interactive Areas”) in which you or other users create, post or store reviews, comments, messages, photos, information, text, videos or other content or materials (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, transmit, store or otherwise publish through the Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or the origin of any User Content;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of BarryShore.com is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose BarryShore.com or its suppliers or users to any harm or liability of any type.
If you do post User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content. Unless we indicate otherwise, you grant BarryShore.com a nonexclusive, royalty free, perpetual, irrevocable, and fully sublicensable 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 BarryShore.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control or otherwise have all necessary rights to post the User Content and grant the rights granted herein; (b) that the content is accurate and not misleading; (c) that use and posting of the User Content does not violate these Terms and will not violate any rights or cause injury to any person or entity; and (d) that you will indemnify BarryShore.com for all claims resulting from User Content you post.
BarryShore.com does not endorse any User Content or any opinion, recommendation or advice expressed therein, and expressly disclaims any and all liability for any User Content posted by you or any third party. In addition, BarryShore.com is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk.
Although BarryShore.com has no obligation to screen, edit or monitor any of the User Content, BarryShore.com reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site. Enforcement of the User Content rules and policies set forth in these Terms is solely at BarryShore.com’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. Our Site may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. We assume no liability for the content of external links. The operators of the sites linked to and from the Site are solely responsible for their contents. You should carefully review the terms and conditions of such sites, including their privacy policies, before visiting them.
THIRD-PARTY PRODUCTS AND SERVICES
BarryShore.com may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third-party. BarryShore.com is not responsible or liable for any loss, injury or damage of any sort incurred as the result of any such dealings or promotions or from any third-party products and services.
WHAT YOU MUST NOT DO
The Site and Services may be used and accessed for lawful purposes only. You agree to be bound by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services: (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content; (b) Upload, stream, email or otherwise transmit any content in violation of these Terms; (c) Use any meta tags or other hidden text or metadata utilizing name, trademark, URL or product name incorporating BarryShore.com; (d) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site or the Services, or interfere with the access of any user to the Site or the Services; (e) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source identifying information; (f) Attempt to probe, scan or test the vulnerability of any system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; (g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; (h) Collect or store personal data about other users without their express permission; (j) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud; (k) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms; (l) Use any third party software or other “bot” to assist in purchasing items or harvesting site data.
LIMITATION OF LIABILITY
IN NO EVENT WILL BARRYSHORE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USER CONTENT OR YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF BARRYSHORE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BARRYSHORE.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO BARRYSHORE.COM TO PURCHASE ITEMS IN THE 12MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY. By using this site you agree that any dispute between you and BARRYSHORE.COM will be resolved by binding arbitration under the rules of the American Arbitration Association and that you have no right to bring any lawsuit or action or claim of any kind in court. You further agree that you will not bring any class action or other representative action in any court, nor will you bring any claim in arbitration as a class action or other representative action. You further agree that you will not consolidate or join any claims that you believe you may have with claims being brought by any other person or entity.
You agree to defend, indemnify and hold BarryShore.com, its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses and expenses including, without limitation, reasonable attorney fees and costs arising out of or in any way connected with: (a) your conduct or your access to or use of the Site and/or the Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any User Content you post, including any claim that any of your User Content caused damage to a third party.
BarryShore.com logos are trademarks of BarryShore.com. All rights reserved. Any trademarks appearing on BarryShore.com are the property of their