Welcome to www.BarcusBerry.com. Any person accessing this World Wide Web Site (“Barcus Berry”) agrees to the following:
All textual, graphical and other content appearing on this Web Site (www.[INSERT SITE NAME].com) is the property of KMC MUSIC, INC., or its affiliates (collectively, "KMC") or its licensors. All right, title and interest in and to the site and its materials, including but not limited to, all patent rights, copyrights, trade secrets, trademarks, site marks and other inherent proprietary rights, are retained by KMC or its licensors. Except as expressly authorized by KMC herein, you agree not to make, copy, display, modify, rent, lease, license, loan, sell, distribute or create derivative works of this Web Site or its materials in whole or in part. Any modification of the Web Site or its materials for any purpose is in violation of these terms.
You may view, copy, print and use content contained on this Web Site (including recorded material) solely for your own personal use and provided that: (1) the content available from this Web Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Web Site is modified or framed in any way; and (3) no graphics available from this Web Site are used, copied or distributed separate from accompanying text. The use of any such content for commercial purposes is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of KMC or any third party, except as expressly provided herein.
Reference to any product, recording, event, process, publication, service, or offering of any third party by artist name, trade name, trademark, company name or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by KMC. Any views expressed by third parties on this Web Site (including recorded interviews) are solely the views of such third party and KMC assumes no responsibility for the accuracy or veracity of any statement made by such third party.
KMC Music Trademarks: ADAMAS and the unique bridge, headstock, fingerboard inlay, and soundboard configuration designs of ADAMAS guitars, GENZ BENZ ENCLOSURES, GIBRALTAR, HAMER and the unique headstock design of HAMER guitars, KMCONLINE, LATIN PERCUSSION LP, LP and the 1 and 2 circle designs, MBT, MUSICORP, OVATION and the unique bridge and bowl-shaped designs of OVATION guitars, ROUNDBACK, TAKAMINE, TOCA, are a few of the trademarks and service marks of KMC that may appear in this Web Site, many of which are registered in the United States and other countries. This is not a comprehensive list of all trademarks of KMC. The KMC trademarks may not be displayed or otherwise used in any manner without the prior written consent of KMC. All other names and marks mentioned in this Web Site are the trade names, trademarks or service marks of their respective owners.
LINKS: THIS WEB SITE MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WORLD WIDE WEB SITES OF KMC DEALERS OR DISTRIBUTORS. KMC DEALERS AND DISTRIBUTORS ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF KMC. KMC DOES NOT HAVE RESPONSIBILITY FOR THE CONTENT, AVAILABLITY, OPERATION OR PERFORMANCE OF WEB SITES OF KMC DEALERS OR DISTRIBUTORS, OR ANY OTHER SITES, TO WHICH THIS WEB SITE MAY BE LINKED OR FROM WHICH THIS WEB SITE MAY BE ACCESSED. YOUR USE OF SUCH SITES OR RESOURCES SHALL BE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BY THEM.
Copyright & Copyright Agent: KMC respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact KMC’s Copyright Agent at the address listed below and provide the following information:
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the material that you claim is infringing is located on the Web Site;
* Your address, telephone number and e-mail address;
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
* 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.
Should any user of this Web Site send any feedback or data, such as ideas, comments, suggestions or questions regarding any KMC product or service or the content of this Web Site, such information shall be deemed to be non-confidential and KMC shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, KMC shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques. If you desire confidential treatment of any ideas, concepts, know-how or techniques please contact KMC’s Copyright Agent.
KMC’s Copyright Agent for notice of claims of copyright infringement on its web sites or regarding requests for confidential treatment of any ideas, concepts, know-how or techniques on its web sites is:
Associate General Counsel
KMC Music, Inc.
55 Griffin Road South
Bloomfield, CT 06002-0507 USA.
International Users: This Web Site may be accessed by users internationally and may contain references or cross references to KMC products, programs and services that are not available in your country. Such references do not imply that KMC intends to make available in your country such products, programs or services or that such products may lawfully be used in or imported into your country. KMC reserves the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations to any party.
Access to Web Site: Access to this Web Site may be monitored from time to time. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Web Site constitutes consent to such monitoring. This Web Site may be unavailable from time to time due to mechanical, telecommunication, software and third-party vendor failures. KMC cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
No Representations or Warranties: Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by KMC on this Web Site, but KMC is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Web Site, the web sites of any KMC dealer or distributor or any other web site. Information and related materials are subject to change without notice. KMC makes no representations or warranties whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability, or operation of this Web Site or the information or materials it contains. By using this Web Site, you assume the risk that the information and materials on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
DISCLAIMER OF WARRANTIES: THE MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, KMC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEB SITE AND THE INFORMATION GRAPHICS AND MATERIALS CONTAINED HEREIN. KMC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KMC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KMC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability: KMC and its officers, directors, employees, consultants and contractors shall not be liable for any damages, losses, costs or injuries suffered as a result of or in relation to this Web Site or its materials, your use of either of the foregoing, or your breach of these terms or restrictions. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL KMC BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF KMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification: You shall indemnify and hold KMC harmless from and against all claims, actions, liabilities, damages, losses, debts, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or relating to (i) your use or modification of this Web Site or its materials; (ii) any information content or materials submitted or provided by you; or (iii) your breach of any of these terms or restrictions.
Governing Law, Disputes, Waiver: The laws of Connecticut and the United States shall govern use of this Web Site. Users agree that any action, suit, or proceedings arising from or related to use of the Web Site shall be brought exclusively in the federal or state courts of the State of Connecticut without regard to choice of law or conflicts of law provisions. The failure of KMC to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
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