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Welcome to our online store! White Barn Gifts and its associates provide
their services to you subject to the following conditions. If you visit or
shop within this website, you accept these conditions. Please read them
carefully.
PRIVACY:
Please review our Privacy Notice, which also governs your visit to our
website, to understand our practices.
ELECTRONIC COMMUNICATIONS:
When you visit White Barn Gifts or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be
in writing.
COPYRIGHT:
All content included on this site, such as text, graphics, logos,
button icons, images, is the property of White Barn Gifts or its content
suppliers and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property of White Barn Gifts,
with copyright authorship for this collection by ROY
NEW YORK, and protected by U.S. and international copyright
laws. The software application provider and author for "osCommerce",
is used under the GNU GENERAL PUBLIC LICENSE and all original authorship
and credit for osCommerce remains the intellectual rights of
www.oscommerce.com.
TRADEMARKS:
White Barn Giftss trademarks and trade dress may not be used in
connection with any product or service that is not White Barn Gifts's,
in any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits White Barn Gifts. All other
trademarks not owned by White Barn Gifts or its subsidiaries that appear
on this site are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by White Barn Gifts
or its subsidiaries.
LICENSE AND SITE ACCESS:
White Barn Gifts grants you a limited license to access and make
personal use of this site and not to download (other than page caching) or
modify it, or any portion of it, except with express written consent of White Barn Gifts.
This license does not include any resale or commercial use of this site or
its contents: any collection and use of any product listings,
descriptions, or prices: any derivative use of this site or its contents:
any downloading or copying of account information for the benefit of
another merchant: or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may
not be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of White Barn Gifts.
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 White Barn Gifts and our associates without express
written consent. You may not use any meta tags or any other ":hidden
text": utilizing White Barn Giftss name or trademarks without the
express written consent of White Barn Gifts. Any unauthorized use
terminates the permission or license granted by White Barn Gifts. You
are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of White Barn Gifts so long as the link does
not portray White Barn Gifts, its associates, or their products or
services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any White Barn Gifts logo or other proprietary
graphic or trademark as part of the link without express written
permission.
YOUR MEMBERSHIP ACCOUNT:
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities
that occur under your account or password. If you are under 18, you may
use our website only with involvement of a parent or guardian. White Barn Gifts
and its associates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole
discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT:
Visitors may post reviews, comments, and other content: and submit
suggestions, ideas, comments, questions, or other information, so long as
the content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not consist of or
contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of ":spam.": You may
not use a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of a card or other content. White Barn Gifts
reserves the right (but not the obligation) to remove or edit such
content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant White Barn Gifts and its associates 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 White Barn Gifts and its associates and sublicensees
the right to use the name that you submit in connection with such content,
if they choose. 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 this
policy and will not cause injury to any person or entity: and that you
will indemnify White Barn Gifts or its associates for all claims
resulting from content you supply. White Barn Gifts has the right but
not the obligation to monitor and edit or remove any activity or content. White Barn Gifts
takes no responsibility and assumes no liability for any content posted by
you or any third party.
RISK OF LOSS:
All items purchased from White Barn Gifts are made pursuant to a
shipment contract. This basically means that the risk of loss and title
for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS:
White Barn Gifts and its associates attempt to be as accurate as
possible. However, White Barn Gifts does not warrant that product
descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by White Barn Gifts
itself is not as described, your sole remedy is to return it in unused
condition.
PRODUCT VARIATION:
Due to the some limitations of suppliers overseas, some products may
vary slightly in color, size, or decoration from the images
depicted. We will notify you of any drastic changes in products
ordered prior to shipping.
DISCLAIMER OF WARRANTIES AND LIMITATION
OF LIABILITY:
THIS SITE IS PROVIDED BY White Barn Gifts ON AN ":AS IS":
AND ":AS AVAILABLE": BASIS. White Barn Gifts MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS
AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, White Barn Gifts
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. White Barn Gifts DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM White Barn Gifts ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. White Barn Gifts WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW:
By visiting White Barn Gifts, you agree that the laws of the state of
New York, without regard to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise
between you and White Barn Gifts or its associates.
DISPUTES:
Any dispute relating in any way to your visit to White Barn Gifts or
to products you purchase through White Barn Gifts shall be submitted to
confidential arbitration in New York, except that, to the extent you have
in any manner violated or threatened to violate White Barn Giftss
intellectual property rights, White Barn Gifts may seek injunctive or
other appropriate relief in any state or federal court in the state of New York,
and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrators award
shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law,
no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns
policy, posted on this site. These policies also govern your visit to White Barn Gifts.
We reserve the right to make changes to our site, policies, and these
Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability of
any remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other
policy related material can be directed to our support staff by clicking
on the "Contact Us" link in the side or top menu. Or you can
email us at: kepa@whitebarngifts.com
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