About Us: Terms of Service
Introduction
Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Tim Barner Studio, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.timbarnerstudio.com and www.timbarnerstudio.com/gallery as well as all elements, software, programs and code forming or incorporated in to www.timbarnerstudio.com (the "Service"). This Service is operated by Tim Barner, Inc. ("Tim Barner Studio"). Tim Barner Studio is also referred to in these Terms as "we", "our", and "us".
By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the Tim Barner Studio website (the "Site"). If you choose to register as a member of our Service or purchase products from the Tim Barner Studio gallery, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms") and in Section III of these Terms ("Digital Downloads").
Section I: General Terms
1. Availability
This Service is provided by Tim Barner Studio on an "AS IS" and "AS AVAILABLE" basis and Tim Barner Studio reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Tim Barner Studio will not be liable to you for any modification, suspension or discontinuance of the Service.
2. Privacy
Tim Barner Studio has a firm commitment to safeguarding your privacy. Please review Tim Barner Studio's Privacy Policy. The terms of Tim Barner Studio's privacy policy are incorporated into, and form a part of, these Terms.
3. Trademarks
All brand, product and service names used in this Service which identify Tim Barner Studio or third parties and their products and services are proprietary marks of Tim Barner Studio and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Tim Barner Studio or any third party with respect to any such image, logo or name.
4. Copyright
Tim Barner Studio is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Tim Barner Studio are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Tim Barner Studio or the appropriate owner of copyright in such works.
5. External Links
Tim Barner Studio may provide links to third-party websites or resources. You acknowledge and agree that Tim Barner Studio is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Tim Barner Studio of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6. Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Tim Barner Studio be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
7. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Tim Barner Studio that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Tim Barner Studio does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Tim Barner Studio, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
8. Disclaimer of Warranty and Limitation of Liability
TIM BARNER STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TIM BARNER STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. TIM BARNER STUDIO MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT TIM BARNER STUDIO IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, TIM BARNER STUDIO SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF TIM BARNER STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL TIM BARNER STUDIO'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO TIM BARNER STUDIO PURSUANT TO THIS AGREEMENT.
9. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Tim Barner Studio for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
10. General
These Terms constitute the entire agreement between Tim Barner Studio and you with respect to your use of the Service. Tim Barner Studio's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Tim Barner Studio shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Tim Barner Studio. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the Commonwealth of Massachusetts.
11. Comments
If you have any comments or questions about the Service please contact us by email at: tim@timbarnerstudio.com.
Section II: Additional Terms
12. Registration
To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
13. Password
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Tim Barner Studio of any unauthorized use of your password.
14. Suspension and Termination of Access and Membership
You agree that Tim Barner Studio may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Tim Barner Studio Site, in Tim Barner Studio's sole discretion, if you fail to comply with the Terms or applicable law.
15. Product Purchases from the Tim Barner Studio Gallery
All payments for products purchased through the Tim Barner Studio Gallery are to be made in US dollars and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only.
Except for digital downloads and in general, Tim Barner Studio accepts returns on defective products or incorrect orders within thirty (30) days after receipt of your order. Please contact Tim Barner Studio at: tim@timbarnerstudio.com and we will let you know whether you need to return the product(s) to us. If you do need to make a return, simply send the product(s) within thirty (30) days of receipt in the original packaging along with a copy of your invoice or order acknowledgement. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Tim Barner Studio on returned items, and Tim Barner Studio will pay the shipping charges on replacement product(s). Returns can be for replacement, refund or credit at Tim Barner Studio's discretion. If your return merchandise is accepted, we will post a credit to your account within 24 hours from the time that we receive the product(s). Each return is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be applied to that card.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 15, ANY PRODUCT PURCHASED THROUGH THE TIM BARNER STUDIO GALLERY IS PROVIDED ON AN "AS IS" BASIS. TIM BARNER STUDIO'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE TIM BARNER STUDIO GALLERY SHALL BE FOR TIM BARNER STUDIO TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEEDING PARAGRAPH.
Section III: Digital Downloads
16. The Service
The Service offers downloads of digitized versions of artwork and information relating to such artwork, and other content (individually and collectively, "Digital Content") and other services under the terms and conditions in the Terms of Use.
17. Rights Granted
Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use.
18. Restrictions
You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section 18. You agree not to infringe the rights of the Digital Content's copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 17 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of the copyright owners and is protected by law.
19. Explicit Content
You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.
20. All Sales Final
Downloading and Risk of Loss; Availability of Digital Content. All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download please contact Tim Barner Studio at: tim@timbarnerstudio.com. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.
21. Reservation of Rights
Except for the rights explicitly granted to you in the Terms of Use, all right, title and interest in the Service and the Digital Content are reserved and retained by us and our Digital Content providers. You do not acquire any ownership rights in the Digital Content as a result of downloading Digital Content.
