Proprietary Rights Restrictions
All material on the Sites, including, without limitation, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Barney's or other parties that have licensed their material to Barney's, and are protected by copyright, trademark, and other intellectual property laws. Barney's disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images, audio, and service marks displayed on the Sites are the property of either Barney's or other third parties; You agree not to display or use such property without Barney's prior written permission.
The Materials on the Sites may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Barney's. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior consent of Barney's Souvenirs BV, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
Links with Other Web Sites
Disclaimer of Warranties
Expressly agree that use of the sites and the services is at your sole risk. The sites, the services and any content contained therein or downloadable therefrom are provided on an "as is" and "as available" basis. Barney’s expressly disclaims all warranties of any kind, express or implied, including, without limitation, any warranty of merchantability, quiet enjoyment, fitness for a particular purpose or non-infringement. No advice or information, whether oral or written, obtained by you from Barney’s or through the sites or the services shall create any warranty not expressly made herein.
Barney’s makes no warranty that the services or any content provided through the sites or any content contained therein or downloaded therefrom will meet your requirements, be accurate, complete, current or timely, or that the sites or the services will be uninterrupted, timely, secure, or error free. In the event that web site content is inaccurate, incomplete, or out of date, Barney’s does not intentionally make material misrepresentations nor does Barney’s intentionally provide incorrect information.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the sites or the services or any content contained therein or downloaded therefrom is 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 such material and/or data.
Barney’s shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced at the sites, through the services, or any use of same by you.
Barney’s and its licensors make no representation or warranties that the sites, the services, or any content contained therein or downloaded therefrom is appropriate or available for use in all geographic locations. If you use the services from outside the united states of america, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.
Limitation of liability
Barney’s and its employees shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the sites, the services or any content contained therein or downloadable therefrom, or any information obtained at the sites, through the services, or for the cost of procurement of substitute services or resulting from unauthorized access to or alteration of your transmissions or data, including, but not limited to, damages for loss of profits, use, data or other intangibles even if foreseeable or if Barney’s has been advised of the possibility of such damages. You agree that Barneys souvenirs BV total liability hereunder for damages, regardless of the form of action, shall not exceed the actual total amount received by Barney’s from you to access the sites and/or use the services. If your use of the sites, services and/or goods results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
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