INTENDED
AUDIENCE/USE:
BarelyWear.com. provides this Web site to you, subject to these Terms
of Use. The Terms of Use may be updated by BarelyWear.com from time to
time without notice to you. This Web site and other Web sites that are
linked to this site or affiliated with this site (collectively "the
Site") and all the information, communications, software, scripting,
photos, text, video, graphics, music, sounds, images and other materials
and services found on the Site (collectively "Content"), is
intended for the lawful use of BarelyWear.com's customers, employees and
members of the general public who are over the age of 13, and citizens
of the United States or Canada. The Site is controlled and operated in
whole or in part by BarelyWear.com from its offices within the United
States. BarelyWear.com makes no representation that these materials are
appropriate or available for use in other locations. Those who access
the Site from other locations do so at their own risk and are responsible
for compliance with applicable local laws. You acknowledge that BarelyWear.com
reserves the right in its sole discretion to refuse or terminate access
to the Site by you at any time.
ACCEPTANCE
OF TERMS:
You acknowledge you have read, and agree to be bound by these Terms of
Use and to comply with all applicable laws and regulations, including
without limitation U.S. export and re-export control laws and regulations
regarding the transmission of technical data exported from the United
States or the country in which you reside. You further agree to comply
with all local laws, regulations and rules regarding online conduct and
acceptable Content. You represent you have the legal authority to accept
these Terms of Use on behalf of yourself or any party you represent. IF
YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
RESTRICTIONS
ON USE OF CONTENT:
© Copyright 2004 BarelyWear.com, Inc. All Rights Reserved. THE UNAUTHORIZED
COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION
OF THE LAW. You acknowledge having been advised by BarelyWear.com that
the Content is protected in the U.S. and internationally by a variety
of laws, including but not limited to, copyright laws and treaty provisions,
trademark laws, patent laws, and other proprietary rights laws (collectively
"Rights"). In addition to BarelyWear.com's Rights in individual
elements of the Content, BarelyWear.com or its licensors own a copyright
in the selection, coordination and arrangement of the Content. You are
hereby granted permission to access the Content from the Site in whole
or in part, solely for your personal, non-commercial use of viewing and
browsing through the Site or ordering products or services from the Site.
This permission terminates automatically if you breach any of the Web
Site Terms of Use. If pursuant to an authorization from BarelyWear.com,
you download software from the Site, the software, including all code,
files, images, contained in or generated by the software, and accompanying
data, are deemed to be licensed to you by BarelyWear.com. Neither title
nor intellectual property rights are transferred to you, but remain with
BarelyWear.com, who owns full and complete title. You may not resell,
decompile, reverse engineer, disassemble, or otherwise convert the Software
to a perceivable form. BarelyWear.com does not grant you any permission
to use the Content other than the permission expressly stated in these
Terms of Use. All other use of Content from the Site, including, but not
limited to uploading, downloading, modification, publication, transmission,
participation in the transfer or sale of, copying, reproduction, republishing,
creation of derivative works from, distribution, performance, display,
incorporation into another web site, reproducing the Site (whether by
linking, framing or any other method), or in any other way exploiting
any of the Content, in whole or in part, or downloading and using software
repeatedly for uses other than those expressly permitted may not be made
without BarelyWear.com's prior express written consent.
TRADEMARKS
AND SERVICE MARKS:
There are a number of proprietary logos, service marks, trademarks, slogans
and product designations found on this Site. By making them available
on this Site, BarelyWear.com is not granting you a license to use them
in any fashion. Access to this Site does not confer upon you any license
under any of BarelyWear.com's or any third party's intellectual property
rights.
SUBMISSION
OF INFORMATION:
BarelyWear.com does not guarantee the security of any information transmitted
to or from the Site. You understand and agree to assume the security risk
for any information you provide using the Site.
Do not send any confidential or proprietary information to BarelyWear.com
through the Site. For any Non-Confidential Information you do send, you
hereby grant BarelyWear.com an unrestricted, royalty-free, irrevocable
license to use, reproduce, display, perform, modify, transmit and distribute
the Non-Confidential Information, and agree that BarelyWear.com is free
to use any ideas, concepts, know-how or techniques that you send BarelyWear.com
for any purpose whatsoever without compensation to you or any other person
sending the Non-Confidential Information.
You are prohibited from posting or transmitting to or from the Site any
unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material, or any other material that could give
rise to any civil or criminal liability under the law.
BarelyWear.com
PRIVACY POLICY:
BarelyWear.com's collection and use of personally identifiable information
about you is subject to our Privacy Policy. For more information, see
our full privacy policy for this site by clicking the link at the bottom
of the page. This site is intended for use by persons over the age of
13. BarelyWear.com does not seek to collect information about children
under the age of 13. No information should be submitted to or posted on
this Web site by users under 13 years of age. BarelyWear.com encourages
parents to take an active role in their children's use of the Internet,
and to inform them of the potential dangers of providing information about
themselves over the Internet.
PARTICIPATION
IN PROMOTIONS AND OTHER SITE ACTIVITIES:
If you choose to participate in a promotion or other BarelyWear.com-sponsored
activity ("Website Activity"), you agree to comply with any
rules or regulations governing such Website Activity. Additionally, as
a condition of your continued participation in the Website Activity, you
agree not to: 1) upload, post, email, transmit or otherwise make available
any content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
2) harm minors in any way; 3) impersonate any person or entity or falsely
state or otherwise misrepresent your affiliation with a person or entity;
4) forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Website Activity; 5)
upload, post, email, transmit or otherwise make available any content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); 6) upload, post, email,
transmit or otherwise make available any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any
party; 7) upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation; 8) upload, post, email,
transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment; 9) interfere with or disrupt the service
or servers or networks connected to the service, or disobey any requirements,
procedures, policies or regulations of networks connected to the service;
10) "stalk" or otherwise harass another person or entity; or
11) collect or store personal data about other users. You agree that violation
of any of the foregoing will result in your immediate disqualification
from participant in the Website Activity, and may result in additional
legal actions being taken by BarelyWear.com.
LINKS
TO THIRD PARTY WEB SITES:
This Site may provide links to other third-party World Wide Web sites
or resources. BarelyWear.com makes no representations whatsoever about
any other Web site which you may access through this Site. Because BarelyWear.com
has no control over such sites and resources, you acknowledge and agree
that BarelyWear.com is not responsible for the availability of such external
sites or resources and is not responsible or liable for any Content, advertising,
products, services or other materials on or available from such sites
or resources. It is up to you to take precautions to ensure that whatever
you select for your use is free of such items as viruses, worms, trojan
horses and other items of a destructive nature. References on this Site
to any names, marks, products or services of any third parties or hypertext
links to third party sites or information are provided solely as a convenience
to you, and do not constitute or imply an endorsement, sponsorship or
recommendation of, or affiliation with the third party or its products
and services. BarelyWear.com makes no representation or warranty as to
any third party Content, products or services, and you agree that BarelyWear.com
shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of
or reliance on any such third-party Content, products or services available
on or through any such site or resource.
NOTICES:
Notices to you may be made via either email or regular mail. BarelyWear.com
may also provide notices of changes to the Terms of Use or other matters
by displaying notices or links to notices to you generally on the Site.
DISCLAIMER
OF WARRANTY:
BarelyWear.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY
OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT
OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT
YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS
PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
POSSIBLE PURSUANT TO APPLICABLE LAW, BarelyWear.com DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM BarelyWear.com SHALL BE DEEMED TO ALTER
THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
LIMITATION
OF LIABILITY:
BarelyWear.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT
OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO
ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF BarelyWear.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING
THE FOREGOING, BarelyWear.com'S TOTAL LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED
ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE,
ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS
SITE.
REVISIONS:
BarelyWear.com may modify, suspend, withdraw or discontinue, temporarily
or permanently, the Content, in whole or in part, at any time without
notice. You agree that BarelyWear.com shall not be liable to you or to
any third party for any modification, suspension, withdrawal or discontinuance
of the Content. BarelyWear.com may at any time revise these Web Site Terms
of Use by updating this posting. By using the Site, you agree to be bound
by any such revisions and you agree to periodically visit this page to
determine the then current Web Site Terms of Use to which you are bound.
TERMINATION:
You agree that BarelyWear.com, in its sole discretion, may terminate or
restrict your use or access to this Site (or any part thereof) for any
reason, including, without limitation, that BarelyWear.com believes you
have violated or acted inconsistently with the letter or spirit of these
Terms of Service, or the terms, conditions, or rules of a sweepstakes,
contest, or other promotion contained within the Site.
GENERAL
INFORMATION:
The Terms of Use constitute the entire agreement between you and BarelyWear.com
and govern your use of the Site, superceding any prior agreements between
you and BarelyWear.com relating to your use of this site. You may also
be subject to additional terms and conditions that may apply when you
use purchase products or services, participate in a sweepstakes, contest
or other promotion, participate in a BarelyWear.com-sponsored Developer
Program or service, or use or download software. If any provision of these
Web Site Terms of Use is held to be invalid by any law, rule, order or
regulation of any government or by the final determination of any state
or federal court, such invalidity shall not affect the enforceability
of any other provision of the Terms of Use. The failure of BarelyWear.com
to exercise or enforce any right or provision of the Terms of Use shall
not constitute a waiver of such right or provision. By accessing the Site
you agree that the statutes and laws of the united states and the state
of Illinois, USA without regard to conflicts of laws principles, will
apply to all matters relating to use of the site, and you agree that any
litigation shall be subject to the exclusive jurisdiction of the state
or federal courts in Illinois, USA. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or
related to use of the Site, or the Terms of Use must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and
have no legal or contractual effect.