YOUR ACCEPTANCE OF TERMS
If you do not agree with any of these Terms of Use please do not use our Services. By using our Services, you agree to these terms and conditions. These terms and conditions govern how you can use our Services, and include how we settle disputes between us. Please read them carefully. Some of our Services may be subject to additional terms and conditions, and when you use such services you will also be subject to such additional terms and conditions. Such additional terms will not change or replace these Terms of Use, unless otherwise expressly stated.
TRADEMARKS, COPYRIGHT, AND RESTRICTIONS
This site is controlled and operated by The Good Barre at 7146 Townsend Drive Highlands Ranch, CO 80130. The phone number is (831) 359-0822. All material on this site, including, but not limited to images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by The Good Barre its parent or its affiliates, or by other parties that have licensed their material to The Good Barre protected under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws. You may use material from this site and other sites controlled by The Good Barre only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express authorization. The use of any such material on any other website or networked computer environment, unless expressly authorized, is prohibited.
YOUR ACCOUNT
To use some of our Services, you may be asked to register for an account. Your account registration information must be correct, current, and complete at all times. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. We sell a variety of products, but we sell them to adults, who can purchase them with a credit card or other permitted payment method. If you are under 18, or the age of majority in your country, you may use the Services only with the involvement of a parent or guardian. In all cases, the adult would be the user and is responsible for any and all activity. We reserve the right to refuse service, terminate or suspend your account, remove or edit content, or cancel orders in our sole discretion.
YOUR USE OF THE SERVICES
Subject to your compliance with these Terms of Use and your payment of any applicable fees, we or our content providers, licensors or suppliers, grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal use of the Services. This license expressly prohibits any of the following:
the resale or commercial use of the Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of the Services or its contents;any downloading or copying of account information for the benefit of another merchant; the copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting, storing, or transmitting any of the Services or its contents, in any form or by any means;
framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);the use of any meta tags or any other “hidden text” utilizing our or our licensees’ or suppliers’ names or trademarks; any use of data mining, robots, or similar data gathering and extraction tools;
decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software. All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms of Use.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; upload photos and personal information such as names and addresses to customize merchandise for purchase; and submit suggestions, ideas, comments, questions, or other information. Please act responsibly when using the Services. You may only use our Services and its contents for lawful purposes and in accordance with applicable law. Additionally, you agree that you will not and will not attempt to: provide content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone’s copyrights or trademarks; violates any law; advocates illegal activity; advertises or otherwise solicits funds or is a solicitation for goods or service; provide content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”; or use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
We reserve the right (but not the obligation) to remove or edit such content, but do not review all posted content.
By submitting User Generated Content to the Site you grant The Good Barre and its parent, subsidiaries, or affiliates a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including on television and on third-party sites and social media platforms), for any purpose including, without limitation, trade, advertising, promotional, and commercial purposes, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms of Use and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated hereunder. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify The Good Barre and its licensees and suppliers, for all claims resulting from content you supply. We take no responsibility and assume no liability for any content posted by you or any third party.
Without limiting the other terms set out in these Terms of Use, you agree to indemnify The Good Barre and its parent, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we expressly authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
The Good Barre is not responsible for any User Generated Content or user communications published or transmitted by users of the Site. The Good Barre reserves the right to edit or delete User Generated Content or user communications published or transmitted by users of the Site at any time and for any reason without any prior notice, but does not assume any obligation to do so.
SHOP/MERCHANDISE
The “Shop” or storefront section of the Site that allows you to order merchandise (the “Shop”) is operated and managed by an independent merchandise vendor (the “Shop Operator”). The Shop Operator is the seller of the merchandise available in the Shop, and is responsible for all aspects of the Shop and the related services. Additional terms and conditions will apply to the use of the Shop and the purchase of merchandise and/or the use of any other services provided by the Shop Operator, and you should read those terms and conditions when they are presented to you. By accessing the Shop section of the Site you acknowledge that the Shop Operator identified in the Shop terms and conditions is exclusively responsible for the services offered thereon, including, without limitation, the processing, fulfillment and shipment of any merchandise ordered.
Terms of Sale
By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you.
Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price.
All features, specifications, products, prices of products and services, discounts, promotions and offers described in our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right to modify the final sale date of any products sold for a limited period of time without notice to you, including by ending the sale period earlier than originally advertised, or by extending it beyond the originally advertised final sale date. Products are available while supplies last, and may only be available to be shipped to certain territories. All prices and products advertised are subject to change.
Shipping & Delivery.
For more information about our policies on shipping and delivery, please click here.
Taxes & Fees.
You are responsible for payment of all taxes and import fees related to any products purchased and/or shipped from the U.S. to a country outside the U.S., including as applicable, sales tax, VAT, GST/HST, import fees, and duties. For more information about applicable taxes, please click here.
Returns & Exchanges.
Our goal is your complete satisfaction of our Services. For more information about our policies on returns and exchanges, please click here.
Product Descriptions.
We try to be as accurate as possible when describing our products. However, we do not warrant that product descriptions or other content of the Services are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition, subject to the terms of the Returns & Exchanges policy.
Risk of Loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier, or if such items are shipped outside the U.S., then risk of loss and title pass to you when they clear customs.
Claims of Copyright Infringement
The Good Barre respects the rights of all copyright holders and in this regard, The Good Barre has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Good Barre the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: your name, address, telephone number, and e-mail address;
a description of the copyrighted work that you claim has been infringed; the exact URL or a description of each place where alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law; a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
The Good Barre
7146 Townsend Drive
Phone: (831)359-0822
Email: info@thegoodbarre.com