Terms & Conditions
These Terms and Conditions (“Terms”) apply to the use of the web site www.beverlybarkat.com (the “Web Site” or the “Site”) which is the property of Beverly Barkat and B.N. Barkat Holdings and Studio Ltd. (each and together, “Barkat”) Please read and review these Terms carefully.
By using this Site, you agree to be legally bound by the following Terms; if you do not agree to the Terms, please do not use this Web Site.
Barkat reserves the right to modify the Terms at any time without notice to you. Your continued use of the Web Site constitutes your acceptance of any modified Terms; you should therefore periodically visit this page to review the Terms.
Web Site Content
The Web Site is owned and operated by Barkat. All text, graphics, and other content contained on this Web Site is owned, controlled, and/or licensed to Barkat and is protected by Israeli and international copyright laws. Barkat reserves and retains all right, title and interest to the Web Site and the content therein. Nothing contained in the Terms or on the Web Site shall be construed as an assignment or license of any intellectual property rights contained herein.
If you are a parent, it is your responsibility to ensure that the Site and/or its content is suitable for your child to view. We recommend that people under 18 are supervised when accessing the Site. You should not access content on the Site if you think you may be offended by it.
The artworks of Beverly Barkat are protected by Israeli and/or international copyright laws
Except for your non-commercial, educational, and personal use, you may not copy, reproduce, distribute, sell, adapt, modify, publicly display, print, post, download, broadcast, transmit or otherwise commercially exploit the content or the artwork displayed on this Web Site via any medium, physical, digital or otherwise, whether or not for consideration, without the prior written consent of Beverly Barkat.
The Web Site is provided on an “as is” basis. Barkat reserves the right to select the content to be included on the Web Site, and may modify, edit, or otherwise alter the content on the Web Site at any time for any reason whatsoever and without notice. Barkat shall not be liable to you or any third party should Barkat exercise its right to modify the Web Site. If you object to any changes to the Web Site, your sole recourse will be to discontinue use of the Site.
This Web Site is solely for educational and promotional purposes and is not intended as an online catalogue raisonné. Barkat does not guarantee the accuracy or completeness of the content on the Web Site. Your reliance on the information contained on this Web Site is at your own risk.
Any trademarks displayed on the Web Site are trademarks of Barkat unless otherwise indicated, and are protected under Israeli and/or international trademark laws. You may not use the trademarks found on this Web Site without the prior written consent of the appropriate trademark owners.
The Web Site may contain links to other web sites that Barkat does not operate or control. Barkat is not responsible for the content or business practices of these sites and recommends that you review the terms and privacy policies for any and all sites that you visit.
Barkat does not solicit user-submitted content. Barkat cannot and does not guarantee that any user submissions it receives will be kept confidential or displayed on the Site. Notwithstanding the foregoing, Barkat may display any content submitted by a user without incurring any obligation for payment to such user or acknowledgment. Once such content is displayed on the Site, all rights in and to it will revert to Barkat, provided that you will retain liability for any claim resulting from your submission, including any claim of infringement. You agree to compensate Barkat in full for any third party claim which is related to any submission you provide.
Barkat will respond to user correspondence at its own discretion. It is not required nor otherwise bound to respond to user submissions or other correspondence.
Barkat does not collect any private information from you when you visit the Web Site.
In addition to any other restrictions described in these Terms, you may not:
(a) use the Web Site for any commercial purpose;
(b) allow, enable, or otherwise support through the Site the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
(c) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Web Site or monitor or copy the web pages or the content contained thereon;
(d) deep link to the Web Site for any purpose;
(e) frame the Web Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
(f) interfere with or disrupt the Web Site or services or networks connected to the Web Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Web Site; or
(g) send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by law or by Barkat in its sole discretion.
Disclaimer of Warranties and Limitations on Liabilities
THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BARKAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEB SITE FOR ANY PURPOSE. BARKAT DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
BARKAT MAKES NO WARRANTY THAT THE WEB SITE AND/OR THE CONTENT THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BARKAT, ITS REPRESENTATIVES, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO THE WEB SITE, THE MATERIALS ON THE WEB SITE OR YOUR USE OF THE WEB SITE OR THE MATERIALS, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE, STRICT LIABILITY OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Barkat may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of its liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Barkat, its representatives, assigns, partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (1) any information you submit or transmit to or through the Web Site; (2) your use of the Web Site or the content contained therein; (3) your violation of these Terms; or (4) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Web Site.
Enforcement of Terms
Barkat’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Should any portion of these Terms be held invalid, unlawful or unenforceable, the remaining Terms shall not be affected. The section titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms shall be governed by the laws of Israel without giving effect to its principles relating to choice of laws.
The Terms constitute the entire and sole agreement between you and Beverly Barkat with respect to your use of the Web Site and the content contained thereon.