Privacy Policy

Disclaimer for interactive services

Kay Barnes Watercolors maintains the interactive portion(s) of their Web site as a service free of charge. By using any interactive services provided herein, you are agreeing to comply with and be bound by the terms, conditions and notices relating to its use.

1. As a condition of your use of this Web site and the interactive services contained therein, you represent and warrant to Kay Barnes Watercolors that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

2. This Web site contains one or more of the following interactive services: message or communication facilities. You agree to use such services only to send and receive messages and material that are proper and related to the particular message or communication facility. In addition to any other terms or conditions of use of any message or communication facilities, you agree that when using one, you will not:

• Publish, post, upload, distribute or disseminate any inappropriate, profane, derogatory, defamatory, infringing, improper, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise any goods or services for any commercial purpose.
• Offer to sell any goods or services for any commercial purpose.
• Conduct or forward chain letters or pyramid schemes.
• Download for distribution in any manner any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying any of the message or communication facilities.

3. Kay Barnes Watercolors has no obligation to monitor the message or communication facilities. However, Kay Barnes Watercolors reserves the right at all times to disclose any information deemed by Kay Barnes Watercolors necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

4. You acknowledge that communications to or with message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. Kay Barnes Watercolors does not control or endorse the content, messages or information found in any message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Kay Barnes Watercolors spokespersons, and their views do not necessarily reflect those of Kay Barnes Watercolors.

5. The information, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Kay Barnes Watercolors may make improvements and/or changes in this Web site at any time. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

6. Kay Barnes Watercolors makes no representations about the suitability, reliability, timeliness, and accuracy of the information, products, and services contained on this web site for any purpose. All such information, products, and services are provided "as is" without warranty of any kind.

7. Kay Barnes Watercolors hereby disclaims all warranties and conditions with regard to the information, products, and services contained on this web site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

8. In no event shall Kay Barnes Watercolors be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected

• with the use or performance of this web site,
• with the delay or inability to use this web site,
• with the provision of or failure to provide services, or
• for any information, software, products, services and related graphics obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if Kay Barnes Watercolors has been advised of the possibility of damages.

9. Due to the fact that certain jurisdictions do not permit or recognize an exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this web site.

10. Kay Barnes Watercolors reserves the right in its sole discretion to deny any user access to this Web site, any interactive service herein, or any portion of this Web site without notice, and the right to change the terms, conditions, and notices under which this Web site is offered.

11. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.

12. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Exclusive jurisdiction and venue shall by in Lake County, Illinois superior courts.

Binding Effect

This Agreement shall be binding upon all who use Kay Barnes Watercolors' services, property, and other assets mentioned in this agreement with respect to this Web site and associated content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.