Ownership of Intellectual Property. The contents of this Site, including all software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics, databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names (collectively the “Materials”) are the property of Rainwater Concepts, Inc. dba JD Barbary Shoppe and/or its subsidiaries, licensors, affiliates, assigns, or other respective owners. The Materials are protected under copyright law and the copying, redistribution, use or publication by you of the Materials or any part of the Site, except as allowed by Section 5 below, is strictly prohibited.
Submission of Information by You. Portions of this Site may be developed to permit you and others to submit, distribute, transmit, upload, post or exchange information, opinions, ideas, messages, drawings, emails, photographs, profiles, video and audio files, text, images, or other materials or information onto the Site (“Postings”). You are solely responsible for your Postings. You may not post, submit, upload or otherwise transmit any graphics, text, messages, photographs, images, audio or video files, artwork or other content or information onto the Site that: (a.) contains a virus or other harmful component or otherwise interferes with, impairs or damages the Site and any individual’s or entity’s use or enjoyment of the Site; (b.) infringes or violates the right of any individual or entity including, without limitation, any right of privacy, any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right, or any contractual rights; (c.) is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous or otherwise harmful.
You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in any form.
Rainwater Concepts, Inc. dba JD Barbary Shoppe possesses the right to use, delete, exploit and distribute any Posting in any manner and at our sole discretion. We shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or otherwise use of your Posting or any ideas, concepts, or other information or content in the Posting. Upon your submission of a Posting to the Site, it shall become the property of Rainwater Concepts, Inc. dba JD Barbary Shoppe and you authorize us to use the Posting in whole or in part, throughout the universe, in perpetuity in or on any media in any manner without any compensation to you or any person or entity.
Rainwater Concepts, Inc. dba JD Barbary Shoppe does not monitor, edit or screen any Postings but reserves the right to do so in the future. Postings do not reflect the views or opinions of Rainwater Concepts, Inc. dba JD Barbary Shoppe. You acknowledge, understand and agree that Rainwater Concepts, Inc. dba JD Barbary Shoppe shall neither assume nor has any responsibility or liability for any Postings or for any claims, damages, injury or losses resulting from the Postings, their use and/or appearance on the Site.
Errors, Corrections and Changes. Rainwater Concepts, Inc. dba JD Barbary Shoppe does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time.
Rainwater Concepts, Inc. dba JD Barbary Shoppe respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512: (a.) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b.) A description of the copyrighted work that you claim has been infringed; (c.) A description of where the material that you claim is infringing is located on the Site; (d.) Your name, physical address, telephone number, and email address; (e.) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f.) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our contact for notice of claims of copyright infringement on the Site is firstname.lastname@example.org.
DISCLAIMER. THIS SITE IS INTENDED FOR INFORMATIONAL OR BARBERSHOP SERVICE PURPOSES ONLY. THE CONTENT, MATERIALS, AND ANY OTHER INFORMATION IN THIS SITE IS NOT INTENDED TO CONSTITUTE LEGAL OR PROFESSIONAL ADVICE. YOUR USE, ACCESS, OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS FROM, IN OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
LIMITATION OF LIABILITY. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT RAINWATER CONCEPTS, INC. DBA JD BARBARY SHOPPE SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RAINWATER CONCEPTS, INC. DBA JD BARBARY SHOPPE AND YOU. THIS SITE AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Promotional Events. If you choose to take part in a promotional event, we’ll ask for any information necessary to the administration of the event such as your name, email address, and shipping address. We may, on occasion, co-sponsor promotions with third parties. We will notify you at the time of collection if third parties will obtain your personal information.
Surveys. From time-to-time we may post surveys on our Site. The surveys may request demographic information (such as age range, gender, areas of interest, and familiarity with Rainwater Concepts, Inc. dba JD Barbary Shoppe products and services) and customer feedback. Participation in these requests is completely voluntary and with each request you will have the choice of whether or not to disclose information. Such survey information will be used to improve the overall experience offered at Rainwater Concepts, Inc. dba JD Barbary Shoppe locations and on www.barbaryshoppe.com.
Aggregate Information. We collect Aggregate Information about you and your use of our Site whenever you visit us online. For instance, we may collect various forms of “click stream” information such as entry and exit points for the Site (i.e., referring URLs or domains), traffic statistics, page views, impressions, and operating system and browser type. This Aggregate Information generally will not personally identify you or be correlated to you individually for external purposes. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all Aggregate Information, provided that, such information does not personally identify you. When we share such information with other companies, it is not traceable to any particular user, and will not be used to contact you. If we do correlate any Aggregate Information to you, such information will be treated like any other Personal Information under this policy.
E-Mail Updates. Unless we hear from you otherwise, we’ll email you occasional updates about new additions to this site, special offers you can take advantage of at your local JD Barbary Shoppe location(s). If at any time you decide you’d rather not receive this type of information from us, simply “opt out” of such communication in the email and select the option to be removed from email updates/promotions.
Disclosures. We do not share any of your personal information with others. Rainwater Concepts, Inc. dba JD Barbary Shoppe reserves the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to protect the integrity of the Site, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.
Company Sale. Information collected through our Web site is considered a trade secret of Rainwater Concepts, Inc. dba JD Barbary Shoppe. As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or a portion of our assets.
Children’s Information. Rainwater Concepts, Inc. dba JD Barbary Shoppe recognizes the need to provide additional privacy protection to children. Children 12 years old and younger may visit www.barbaryshoppe.com without disclosing any personally identifiable information. However, it is sometimes necessary to collect some personally identifiable information about children in order to allow them to use a feature of our site. In addition, be aware that all sites that are targeted to children 12 and younger are prohibited by law from collecting more information than they need. If a parent registers for email promotions with respect to services for their children, we may, request the child’s name, date of birth and parent’s e-mail address. We collect this information in order to verify the child’s age and send personalized promotional messages to the parents. We require our affiliates and franchisees to respect our privacy practices concerning children’s information and not use children’s information for purposes other than to carry out our instructions. Parents may request at any time that we delete information about their children from our databases. To do so, as a parent, when an email message is sent to you, select the option to be removed from the mailing list.
If you have any questions regarding our privacy practices, you can telephone or write to us at JD Barbary Shoppe. Our contact information is:
Rainwater Concepts, Inc. dba JD Barbary Shoppe
8374 Market Street #408
Bradenton FL 34202