Welcome to the Barry Friedmann (“Company”) Terms and Conditions page. These terms and conditions (“Terms”) govern your use of the Company’s website and any services provided by the Company, including but not limited to content, products, and applications (together referred to as the “Services”). By accessing or using our Services, you agree to be bound by these Terms. Please read them carefully before using our Services. If you disagree with these Terms, you may not use our Services.
1. General
1.1 Acceptance of Terms
By using our Services, you acknowledge and agree to these Terms. You must be at least 18 years old to use our Services. If you are accessing or using our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
1.2 Modifications
The Company reserves the right to modify these Terms without prior notice. It is your responsibility to check for any updates to these Terms regularly. By continuing to use our Services after any modifications, you accept and agree to the updated Terms.
2. Use of Services
2.1 License
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal and non-commercial use.
2.2 Prohibited Use
You agree not to use our Services for any unlawful purpose or in any way that may impair the performance or functionality of the Services. You must not attempt to gain unauthorized access to our Services or any related systems or networks. Any unauthorized use may result in criminal and/or civil penalties.
3. Intellectual Property
3.1 Ownership
The Company retains all rights, title, and interest in and to our Services, including all associated intellectual property rights. The Company hereby grants you a limited, revocable, non-transferable license to use the Company’s branding, trademarks, and logos solely to promote or refer to the Company’s Services.
3.2 User-Generated Content
By submitting or posting any content on our Services, you grant the Company a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform such content in connection with the Services. You represent and warrant that you own or have obtained all necessary rights to publish such content and that it does not violate any applicable laws or infringe the rights of any third parties.
4. Privacy
4.1 Collection and Use of Personal Information
The Company may collect and use your personal information in accordance with its Privacy Policy. By using our Services, you consent to the collection, use, and disclosure of your personal information as outlined in the Privacy Policy.
4.2 Cookies
The Company uses cookies to enhance your experience with our Services. By using our Services, you consent to the use of cookies in accordance with our Cookie Policy.
5. Limitation of Liability
5.1 No Warranty
The Company makes no warranties or representations about the accuracy or completeness of our Services. To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available” without any warranty, express or implied.
5.2 Indemnification
You agree to indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, and licensors from any claims, costs, damages, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with your use of our Services, your violation of these Terms, or your violation of any rights of a third party.
6. Governing Law
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Australia. Any legal action or proceeding arising under or in connection with these Terms shall be resolved exclusively in the state or federal courts in Sydney, Australia.
7. Termination
The Company may, in its sole discretion, suspend or terminate your access to our Services at any time and for any reason, with or without notice. Upon termination, all licenses and rights granted to you by the Company will automatically terminate.
8. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed severed from these Terms, and the remaining provisions will continue in full force and effect.
9. Entire Agreement
These Terms constitute the entire agreement between you and the Company and supersede all prior understandings, representations, or agreements, whether written or oral.
Please feel free to contact us at [email protected] if you have any questions or concerns regarding these Terms.
Effective date: October 30th, 2023