TERMS & CONDITIONS
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 03/01/2016.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with Bardo's Fencing & Steel Art,
also known as Bardo's Fencing & Steel Art, located at 7703 Bluejay Twin Circle, Humble, Texas 77396
and our subsidiaries and affiliates, in association with the use of the Bardo's Fencing & Steel Art website,
which includes http://fencingandsteelart.com/, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a news and information website small business which has the following description:
To provide information online about Bardo's Fencing & Steel Art's services.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the
purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms and downloadable
programs, are the sole property of Bardo's Fencing & Steel Art. At its discretion, Bardo's Fencing & Steel
Art may offer additional website Services and/or products, or update, modify or revise any current content
and Services, and this Agreement shall apply to any and all additional Services and/or products and any and
all updated, modified or revised Services unless otherwise stipulated. Bardo's Fencing & Steel Art does
hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products.
You, as the end user acknowledge, accept and agree that Bardo's Fencing & Steel Art shall not be held liable for
any such updates, modificaons, revisions, suspensions or disconnuance of any of our Services and/or products.
Your connued use of the Services provided, aer such posng of any updates, changes, and/or modificaons
shall constute your acceptance of such updates, changes and/or modificaons, and as such, frequent review of
this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of
all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you
must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS"
and as such Bardo's Fencing & Steel Art shall not assume any responsibility or obligaon for the meliness,
missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Bardo's Fencing & Steel Art shall not lay claim to ownership of any content submitted by any visitor or
user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant
and allow for Bardo's Fencing & Steel Art the below listed worldwide, royalty-free and non-exclusive
licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Bardo's
Fencing & Steel Art's sites, the license provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display said Content on our network Services is for the sole
purpose of providing and promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a member of Bardo's
Fencing & Steel Art's sites, and shall terminate at such time when you elect to discontinue your
membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Bardo's Fencing & Steel Art's sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services are for the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be available so long as you
are a member of Bardo's Fencing & Steel Art's sites and shall terminate at such time when you elect
to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
Bardo's Fencing & Steel Art's sites, the continuous, binding and completely sub-licensable license
which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly
perform and/or publicly display said content, whether in whole or in part, and the incorporation of
any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Bardo's Fencing & Steel Art's sites are
those such areas of our network properties which are meant to be available to the general public, and which
would include message boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Bardo's Fencing & Steel Art provides an area for our users to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and
agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Bardo's Fencing & Steel Art shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) Bardo's Fencing & Steel Art shall be entitled to make use of and/or disclose any such Contributions
in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Bardo's Fencing &
Steel Art; and
e) Bardo's Fencing & Steel Art is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users herein agree to insure and hold Bardo's Fencing & Steel Art, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third party which may arise from any
content a user of our site may submit, post, modify, transmit or otherwise make available through our
Services, the use of Bardo's Fencing & Steel Art Services or your connection with these Services, your
violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
reason any part, use of, or access to Bardo's Fencing & Steel Art's sites.
MODIFICATIONS
Bardo's Fencing & Steel Art shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior
notice. In addition, we shall not be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that Bardo's
Fencing & Steel Art shall not be held responsible or liable for any loss or damage of any nature or manner
incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our
website.
LINKS
Either Bardo's Fencing & Steel Art or any third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such
external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content,
products, advertising or any other materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that Bardo's Fencing & Steel Art shall not be responsible or
liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be
caused by or in connection with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Bardo's Fencing & Steel Art's Services and any essential
software that may be used in connection with our Services ("Software") shall contain proprietary and
confidential material that is protected by applicable intellectual property rights and other laws. Furthermore,
you herein acknowledge and agree that any Content which may be contained in any advertisements or
information presented by and through our Services or by advertisers is protected by copyrights, trademarks,
patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by Bardo's Fencing & Steel Art or such applicable licensor, you agree not to
alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on Bardo's Fencing & Steel Art Services (e.g. Content or Software), in
whole or part.
Bardo's Fencing & Steel Art herein has granted you personal, non-transferable and non-exclusive rights
and/or license to make use of the object code or our Software on a single computer, as long as you do not,
and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse
engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign,
sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as
such, not to use any modified versions of the Software, including and without limitation, for the purpose of
obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our
Services through any means other than through the interface which is provided by Bardo's Fencing & Steel
Art for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF BARDO'S FENCING & STEEL ART SERVICES AND SOFTWARE ARE AT THE
SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN
"AS IS" AND/OR "AS AVAILABLE" BASIS. BARDO'S FENCING & STEEL ART AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b) BARDO'S FENCING & STEEL ART AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)
BARDO'S FENCING & STEEL ART SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) BARDO'S FENCING & STEEL ART SERVICES OR SOFTWARE
SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE BARDO'S FENCING &
STEEL ART SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv)
QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL
WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS
CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF BARDO'S FENCING & STEEL ART SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL
BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF
DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION
OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM BARDO'S FENCING & STEEL ART OR BY WAY OF
OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BARDO'S FENCING &
STEEL ART AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Bardo's Fencing & Steel Art (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from
claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such
dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware" is appropriate. Bardo's Fencing & Steel
Art's content is provided primarily for informational purposes, and no content that shall be provided or
included in our Services is intended for trading or investing purposes. Bardo's Fencing & Steel Art and our
licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information
transmitted and/or made available by way of our Services, and shall not be responsible or liable for any
trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.
NOTICE
Bardo's Fencing & Steel Art may furnish you with notices, including those with regards to any changes to
the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be herein after developed.
Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Bardo's Fencing & Steel Art trademarks,
copyright, trade name, service marks, and other Bardo's Fencing & Steel Art logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain the property of Bardo's
Fencing & Steel Art. You herein agree not to display and/or use in any manner the Bardo's Fencing & Steel
Art logo or marks without obtaining Bardo's Fencing & Steel Art's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Bardo's Fencing & Steel Art will always respect the intellectual property of others, and we ask that all of
our users do the same. With regards to appropriate circumstances and at its sole discretion, Bardo's Fencing
& Steel Art may disable and/or terminate the accounts of any user who violates our TOS and/or infringes
the rights of others. If you feel that your work has been duplicated in such a way that would constitute
copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you
should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Bardo's Fencing & Steel Art Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
Bardo's Fencing & Steel Art
Attn: Copyright Agent
7703 Bluejay Twin Circle
Humble, Texas 77396
Telephone: 8328678776
Email: bardo@fencingandsteelart.com
CLOSED CAPTIONING
BE IT KNOWN, that Bardo's Fencing & Steel Art complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more information,
please visit our website at http://fencingandsteelart.com/.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Bardo's Fencing & Steel Art and shall govern
the use of our Services, superseding any prior version of this TOS between you and us with respect to
Bardo's Fencing & Steel Art Services. You may also be subject to additional terms and conditions that may
apply when you use or purchase certain other Bardo's Fencing & Steel Art Services, affiliate Services,
third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Bardo's Fencing & Steel Art with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of Texas without regard to its
conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or
relating to the TOS, or the relationship between you and Bardo's Fencing & Steel Art, shall be filed within
the courts having jurisdiction within the County of USA, Texas or the U.S. District Court located in said
state. You and Bardo's Fencing & Steel Art agree to submit to the jurisdiction of the courts as previously
mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such
courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Bardo's Fencing & Steel Art fail to exercise or enforce any right or provision of the
TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the
TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 2 year(s) after said
claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Bardo's Fencing & Steel Art as follows:
Mailing Address:
Bardo's Fencing & Steel Art
7703 Bluejay Twin Circle
Humble, Texas 77396
Telephone: 8328678776
Email: bardo@fencingandsteelart.com
Terms of Use
