Your Use Generally
Your use of the Website/App confirms your acceptance of these Terms and Conditions and your agreement to be bound by them. If you do not accept these Terms and Conditions, do not use this Website/App. In the event of a violation of these Terms and Conditions, Barn’s reserves the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website/App at any time, for any reason or no reason and without prior notice to you. We may at any time and from time to time revise these Terms and Conditions by updating this posting. You should visit this page from time to time to review these Terms and Conditions to learn of and understand any changes, because they are binding on you. Your use of this Website/App following any such revisions constitutes your agreement to follow and be bound by the terms as revised.
Ownership of Content
The design of this Website/App and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this Website/App (collectively, "Content" ) are protected by applicable copyright laws and other local and international laws and treaties. All Content is provided by Barn’s under a limited license as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use. This limited license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website/App, any of the Contents, or any related software; and (b) you may not access or use the Website/App for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, sale, or other use of the Content is prohibited. Barn’s may revoke this limited license at any time for any or no reason. Any unauthorized use of Barn’s Content, such as framing, inline linking or other association with content or information not originating from the Barn’s Website/App is not permitted. Linking to any Barn’s web page also is prohibited. Barn’s will aggressively enforce its intellectual property rights to the fullest extent of the law.
Trademarks
At Barn’s, we take pride in our brand and do not condone and will not tolerate any unauthorized use of our trademarks, trade names, logos, names and trade dress (collectively, the 'Trademarks and Trade Dress'). Barn’s and its affiliated companies retain all rights regarding the Trademarks and Trade Dress. The Trademarks and Trade Dress are protected by applicable trademark laws and international laws and treaties. No license for the use of the Trademarks or Trade Dress is granted to you under these Terms and Conditions or by your use of the Website/App. Unauthorized use of our Trademarks and Trade Dress in any manner is strictly prohibited.
Patents
One or more patents may apply to this Website/App, owned and registered by Barn’s.
Our Products
All features, specifications, products and prices of products and services described on this Website/App are subject to change at any time without notice. From time to time there may be information on the Website/App that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website/App. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer (see our Sale Terms). We have made every effort to display as accurately as possible the colors and product description of our products that appear on the Website/App; however, the actual color you will see will depend on your device, and we cannot guarantee that your device will accurately display our colors. The inclusion of any products or services on this Website/App does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
Comments and other Communications
All comments, feedback, suggestions, ideas, and other communications (collectively, 'Communications') submitted or offered to Barn’s via this Website/App, in connection with your use of this Website/App, or through email, postal mail, phone support, or any contact with us, shall be and remain property of Barn’s. Barn’s shall be free to use any ideas, concepts, know-how, or techniques contained in any Communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information you provide to Barn’s through the Website/App shall be subject to our Privacy Policy, and personally identifiable information is defined here.
User Generated Content
Posting Guidelines
The Website may permit you to voluntarily upload and/or post content ("User-Generated Content"), including photographs, videos, comments or other material. If you post comments or other text, you confirm that you are at least 18 years old or have your parent/guardian’s permission; if you post photographs or videos, you confirm you are at least 18 years old or have your parent/guardian’s permission; and by posting any User-Generated Content, you agree to the following terms:
(a) Posting such User-Generated Content constitutes your consent and grant to Barn’s of an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the User-Generated Content, your name, likeness, voice and biographical information, and any material based thereon or derived therefrom, in any form or media now or hereafter known for any and all purposes throughout the World whatsoever, including, without limitation, advertising, marketing or commercial purposes, without any payment to or further authorization by you.
(b) You waive any right to inspect or approve any material in which Barn’s may eventually use your User-Generated Content and understand that Barn’s may crop, shape, or otherwise adjust any User-Generated Content.
(c) You represent and warrant that the User-Generated Content will not violate the intellectual property or proprietary rights of any third party and are legally entitled to post the User-Generated Content and to grant all relevant licenses and permissions to use the User-Generated Content as contemplated herein.
(d) You agree not to take any legal action against, and release and discharge Barn’s and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the User-Generated Content, your name, likeness, voice or biographical information, as contemplated herein.
(e) You understand and agree that such User-Generated Content may be accessed and viewed by others, including by the general public, and, whether or not such User-Generated Content is published, Barn’s does not guarantee any confidentiality with respect to any User-Generated Content. You are solely responsible for your own User-Generated Content and the consequences of their publication on this Website or elsewhere (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User-Generated Content is appropriate; whether it complies with these Terms and Conditions, our standards, and applicable law; and whether they may be posted or removed.
You may request removal of any of your User-Generated Content on this Website by sending a removal request email to info@barns.com.sa from the email address provided when you submitted your User-Generated Content; your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted.
Prohibited Uses of Website
You shall not post, transmit, redistribute, upload, or promote any communications, User-Generated Content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's device; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
Your Account
You may choose to register with us through our Website/App and create an account (the 'Account'). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your device. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.
Linking
Links may be established from this Website/App to one or more external websites or resources operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to the Website/App. None of such links should be deemed to imply that Barn’s endorses the Third Party Sites or any content therein. Barn’s does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Barn’s will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Disclaimer
This Website/App and all Content of the Website/App are provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranties of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. You acknowledge, by your use of the Website/App, that your use is at your sole risk
You understand and acknowledge that providers of interactive computer services shall not be treated as the publisher or speaker of any information provided by another information content provider.
Limitation of Liability
IN NO EVENT WILL BARNCAFE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS WEBSITE/APP OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF BARNCAFE IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES
Jurisdiction
No implication is made that the materials published on this Website/App are appropriate for use outside of Saudi Arabia. If you access this Website/App from outside of the Kingdom of Saudi Arabia, you do so on your own initiative and you are responsible for compliance with local laws. Barn’s controls this Website/App from its offices within Jeddah, Kingdom of Saudi Arabia. The Terms and Conditions of this Website/App shall be governed by the laws of the Kingdom of Saudi Arabia, without giving effect to its conflict of laws provisions.
