Terms of Use

1. Agreement to Terms

Welcome to Waynebarlowe.com. By visiting the Waynebarlowe.com Web site you agree to the following terms of use and acknowledge the following legal restrictions. Please read carefully. If you do not agree to the Terms of Use, please do not enter the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time.

2. Ownership

This site is owned and operated by Wayne Barlowe and/or Waynebarlowe.com. The contents of this Web site are © Wayne Barlowe, Waynebarlowe.com and/or applicable other copyrights. All rights reserved. Any use of any of the materials on this site other than for private, noncommercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, photographs, audio and/or video material or stills from audiovisual material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other Web site or networked computer environment, without a prior written consent from Wayne Barlowe, Waynebarlowe.com and/or any other applicable copyright holder, is expressly prohibited. The creation of derivative works based on the materials contained herein including, but not limited to, products, services, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited. You may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Wayne Barlowe, Waynebarlowe.com and/or other applicable copyright and proprietary rights.

3. Links

This site includes links to other Internet sites solely as a convenience to users. Waynebarlowe.com does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Waynebarlowe.com makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user’s own risk.

4. Submissions

Wayne Barlowe and/or Waynebarlowe.com requests that no visitor to this site submit or send any original creative materials, including but not limited to submissions of story lines, characters, drawings, information, suggestions, ideas or concepts. If, despite our request, you send us creative suggestions, ideas, concepts, drawings, or other information (collectively the “Submissions”), these shall be deemed and shall remain the property of Wayne Barlowe and/or Waynebarlowe.com in perpetuity. The sender of any submissions waives the right to make any claims against Wayne Barlowe and/or Waynebarlowe.com relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

5. Disclaimer

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WAYNE BARLOWE AND/OR WAYNEBARLOWE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WAYNE BARLOWE AND/OR WAYNEBARLOWE.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WAYNE BARLOWE AND/OR WAYNEBARLOWE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WAYNE BARLOWE AND/OR WAYNEBARLOWE.COM) 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.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WAYNE BARLOWE AND/OR WAYNEBARLOWE.COM BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE, EVEN IF WAYNE BARLOWE AND/OR WAYNEBARLOWE.COM AUTHORIZED REPRESENTATIVE HAS ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WAYNE BARLOWE AND/OR WAYNEBARLOWE.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

7. Miscellaneous

You expressly agree that any claim or actions arising out of or relating to these Terms of Use or your use of Waynebarlowe.com Web site shall be filed only in the state or federal courts in and for Essex County, New Jersey and you hereby consent and submit to the personal jurisdictions of such courts for the purposes of litigating any such action. The sender of any submissions waives the right to make any claims against Wayne Barlowe and/or Waynebarlowe.com. The failure of Wayne Barlowe and/or Waynebarlowe.com in perpetuity to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You expressly agree that regardless of any statute or law to the contrary, any claim or cause of actions arising out of or related to these Terms of Use or your use of Wayne Barlowe and/or Waynebarlowe.com in perpetuity must be filed within one year after such claim or cause of action arose or be forever barred. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

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