2TheBarn - Terms of Use

Effective 14 September, 2018

Thank you for visiting the 2TheBarn website located at www.2thebarn.com (“site”) owned and operated by Tau Enterprises Ltd (“Tau”). The public areas of this site are generally accessible by all users (“Users”); however, portions of this site are only accessible by registered users (“Registered Users”) who register to use 2TheBarn’s online services (“Services”). Portions of this site accessible to Registered Users are known as “Restricted Areas”. Registered Users accessing Restricted Areas must be over the age of thirteen. THIS SITE IS NOT INTENDED FOR USE BY MINORS. The site, including its public areas, Services and Restricted Areas are collectively referred to as “Community Features” in this document.

These terms and conditions of use (“Terms of Use") set forth an agreement between you and Tau governing the appropriate and lawful use of any of the site’s Community Features. Please read these Terms of Use carefully.

By accessing any portion of the site and/or using any of the Community Features, you signify your irrevocable acceptance of and agreement to comply with these Terms of Use. If you disagree with any Terms of Use you should immediately discontinue use of the site or any of the site’s Community Features.

Tau may at any time revise these Terms of Use by amending or updating these Terms of Use. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. If you disagree with any changes to the Terms of Use you should immediately discontinue use of the site or any of the site’s Community Features.

At its sole discretion and without providing notice, Tau reserves the right to add, change, modify, suspend or discontinue all or any of the 2TheBarn Community Features. Unless expressly stated otherwise herein, the use of any new Community Features, including the availability of new services or products through the site, shall be subject to these Terms of Use. In addition, Tau may also impose limits on any of the Community Features or restrict your access to any of the Community Features in its sole discretion without notice or liability. Tau reserves the right to refuse to provide you with access to any of the Community Features or to refuse to allow you to become a Registered User for any reason.

Website in Beta: The 2TheBarn website is currently in beta testing and some of the functionality, links, or tools may not perform as expected. If you experience difficulties, please contact us so that we may work to correct the issue.

GENERAL DISCLAIMER: TAU NEITHER ASSUMES NOR ACCEPTS ANY LIABILITY FOR ANY LOSS, DAMAGE, THEFT, MISUSE, MALFUNCTION, ETC. OF YOUR HARDWARE OR DATA OR ANYTHING ELSE THAT YOU MAY OWN REGARDLESS OF THE CAUSE OR REASON FOR ANY SUCH MISFORTUNE. TAU, IT’S BOARD, OFFICERS, AND EMPLOYEES WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE TERMS OF USE MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.

Acknowledgment of Terms of Use: You acknowledge that YOU HAVE READ THESE ENTIRE TERMS OF USE and the 2TheBarn Privacy Policy. By acknowledging your agreement with the Terms of Use by becoming a Registered User and/or continuing to access the 2TheBarn site and/or by your use of any service and/or use of any Community Features or other functionality available in, on, at or through the site, you agree that you are acknowledging and affirming that you have read and understand this entire Terms of Use and the Privacy Policy of 2TheBarn and that you (and your company if you are using the site on behalf of a company) agree to all terms, conditions, warranties, limitations, venue, arbitration and other provisions contained in this Terms of Use, the Privacy Policy and, if applicable, the Registered User Agreement.

General Liability Disclaimer: Tau assumes no liability for any direct or consequential damages suffered by anyone accessing this site, nor is any liability assumed in relation to the content provided herein, or provided within any other Internet site that may be accessed via this site.

Intellectual Property Rights: Tau maintains exclusive ownership rights in certain trade names, taglines, slogans, logos, and other items of intellectual property. All logos, text, content, including underlying HTML code, designs, and graphics used and/or depicted in this website are protected under European & United States copyright and trademark laws and treaties, and may not be used or reproduced without the prior express written permission of Tau. No waiver of any intellectual property rights of Tau in any of its trademarks, service marks, names, logos or products is express or implied if a mark, name or logo is not present on this page.

Use: The content of this site may be accessed for personal use only. Any other use requires prior written permission from 2TheBarn.

Product Limitation: Any descriptions or other presentations of products or services on this website are not intended to be offers or solicitations.

Product Disclaimer: Descriptions or other presentations of products or services on this website will not modify the terms of any written agreements or click-wrap agreements necessary to access, receive or use the product or services. Reference should be made to the actual terms associated with the products or services. Other services described on this website are offered strictly in accordance with their terms and conditions and will not be modified by the website’s description or presentation of a service.

Software Virus Disclaimer: Tau makes reasonable efforts to provide a website free from any software viruses, worms, or other code that may be potentially damaging. Tau does not, however, make any express or implied warranties or representations in this regard.

User ID and Password Registration: Restricted Areas of the 2TheBarn site require a User ID and password in order to access certain information. Unauthorized use of such Restricted Areas is strictly prohibited.

2TheBarn’s Proprietary Rights: Any and all of the Community Features contain data, content, information, materials, processes, procedures, methods and techniques (“Data and Information”) which are protected by trademarks, service marks, copyrights, trade secret rights and other intellectual and proprietary rights (hereinafter "Proprietary Rights"). You acknowledge, understand and agree that Tau retains all Proprietary Rights in and to all Data and Information, excluding Data and Information that you provide.

Limited License: Tau grants you a limited license to access and use any of the Community Features, subject to all of the terms and conditions of these Terms of Use. By accessing and using any of the Community Features, you agree not to: remove any trademarks, service marks, copyright notices or any other notice contained in any Data and Information featured or contained on any of the Community Features; reproduce, download (except as is necessary to participate in the Services), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, adapt, create derivative works of, link to, publicly display or perform, or in any way exploit any Data and Information without Tau’s prior written consent; frame or utilize framing techniques to enclose any Data and Information or individual element provided on any of the Community Features or create a link to any of the Community Features accessing such data and information or element without Tau’s prior written consent; use any circumvention tools or any metatags or other hidden text utilizing Tau’s name, trademark, service mark, URL or the name of any of the Community Features without Tau’s prior written consent; or disassemble, decompile or reverse engineer any of the materials or underlying software made available on or through any of the Community Features.

Becoming a Registered User and Security: 1) In order to become a Registered User, Users must register with 2TheBarn and provided certain personally identifiable information in order to create an account (“Account”). Such personally identifiable information may include (for illustration purposes only), your user ID, password, name, address, telephone number, and e-mail address; and if registering on behalf of a company, your company's name, mailing address, phone number, fax number, email address and web address ("Registration Information"). 2) You consent to the transfer of your personal information to the US (where the AWS cloud server is located that is used by Tau to operate 2TheBarn) and the processing of your personal data by 2TheBarn for the purposes of providing services on the site and as further described in the 2TheBarn Privacy Policy. You can withdraw your consent at any time by deleting your profile from the site. 3) By submitting your Registration Information through any of the Community Features, you grant Tau a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this Registration Information in connection with Tau’s operation of any of the applicable Community Features and/or your use of any of the applicable Community Features. 4) You agree that all Registration Information you provide on 2TheBarn will be true, accurate, current and complete and your failure to provide such true, accurate, current and complete Registration Information shall constitute a breach of these Terms of Use and may result in the immediate termination of your Account. If your Registration Information changes, you agree to promptly update your Registration Information to keep it true, accurate, current and complete. At all times you agree to maintain the confidentiality of your password and properly exit from your Account at the end of each session. 5) In becoming a Registered User, you agree not to: select or use the name, email address or user name of another person with the intent to impersonate that person; use an email address or user name that is profane, offensive or otherwise inappropriate; or allow any other party to use your Account and/or password. 6) You agree to immediately notify 2TheBarn of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You acknowledge, understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. Tau is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

Privacy: Any of your Registration Information and any information stored or transmitted in any way on or through the use of any of the Community Features is subject to 2TheBarn's Privacy Policy. 2TheBarn encourages you to read its Privacy Policy, which is incorporated by reference into these Terms of Use.

Appropriate Use of Any of the Community Features and Consequences of Inappropriate Use: 1) You agree to comply with these Terms of Use and all applicable laws, statutes, ordinances and regulations in your use of the Community Features. 2) In accessing and using any of the Community Features, you agree not to: upload, post, email, display or otherwise transmit or make available through the use of any of the Community Features: (a) any information, content or data that is fraudulent, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, profane, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, including any communication that constitutes, or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable law or regulation or standard of conduct, (b) any information that you do not have a right to make available under any law or under contractual or fiduciary relationships. such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, (c) any information that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, privacy, publicity or other rights of any other person or entity, (d) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, or (e) any material that contains any virus, malware, Trojan horse, worm, time bomb or any other computer code, files or programs designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information; remove any trademarks, service marks, copyright notices or any other notice featured or contained on any of the Community Features; hack any of the Community Features, or to defeat or overcome any encryption technology or security measures implemented by Tau with respect any of the Community Features and/or data transmitted, processed or stored by Tau; harvest or collect any information about or regarding other Registered Users of any of the Community Features including, but not limited to, any personal data or information; and/or interfere with or disrupt any of the 2TheBarn Community Features or servers or networks connected to or operated with any of the Community Features, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with any of the Community Features. 3) If you engage in conduct that Tau reasonably believes is: illegal, fraudulent, harassing or abusive a violation of these Terms of Use or any other policies or guidelines posted on any of the Community Features; or harmful to other users, third parties, or Tau’s business, Tau may immediately terminate your Account, or suspend your access to your Account, in its sole discretion and without notice. 4) Use of any of the Community Features for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice. 5) Upon Tau’s termination of your Account for any of the forgoing reasons, Tau will have no obligation to notify any third parties regarding such termination, and you will be responsible for any damages that may result or arise out of termination of your Account.

User Posted Information: 1) Any information submitted by you (“User Posted Information”) through the use of any of the Community Features, is the sole responsibility of the person posting or transmitting such User Posted Information. You, and not Tau, are entirely responsible for all User Posted Information that you upload, post, email, transmit or otherwise make available through the use of any of the Community Features. Tau does not control the User Posted Information transmitted through the use of any of the 2TheBarn Community Features and, as such, does not guarantee the accuracy, reliability or quality of such User Posted Information. Further, you acknowledge, understand and agree that Tau may or may not pre-screen User Posted Information that is displayed on or transmitted through the use of any of the 2TheBarn Community Features. Under no circumstances will Tau be liable in any way for any User Posted Information including, but not limited to, any errors or omissions in any User Posted Information, or any loss or damage of any kind incurred as a result of the use of or your loss of use of any User Posted Information posted, emailed, transmitted or otherwise made available on or through the use of any of the 2TheBarn Community Features. You agree that Tau may, in its sole discretion, refuse to post, store or transmit any User Posted Information submitted by you and may move, remove, edit or modify any such User Posted Information for any reason at any time. 2) You acknowledge, understand, consent and agree that Tau may access, preserve and disclose Registration Information and/or or User Posted Information that you provide if Tau is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce these Terms of Use, (c) respond to claims that any Registration Information or User Posted Information violates the rights of any third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Tau, its employees, partners, agents or members of the public.

Web Links: This site may contain links to other websites that are not owned or controlled by 2TheBarn. For this reason, Tau assumes no liability for the content or accuracy of such sites.

Community Linked Sites: 2TheBarn may provide links to third parties’ websites (“Linked sites”) on any of the 2TheBarn Community Features. Linked sites are not necessarily reviewed, controlled or examined by 2TheBarn in any way and Tau is not responsible for the policies and practices of any such Linked sites, or any additional links contained therein. These links do not imply Tau’s endorsement of or association with the Linked sites. You, acknowledge, understand and agree that Tau is not responsible or liable in any way for any content, advertising, services or goods on or made available from such Linked sites or resources either via links provided by 2TheBarn or by any user or third party.

Disclaimer of Warranties: 1) You acknowledge, understand and agree that the processing and transmission of communications relating to the use of any of the 2TheBarn Community Features may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you acknowledge, understand and agree that Tau will not be responsible or liable for the timeliness, deletion, misdelivery or failure to store any data, information or content that you provide for display on or for transmission through the use of any of the 2TheBarn Community Features. 2) ANY AND ALL OF THE 2THEBARN COMMUNITY FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TAU SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, THE INFORMATION ON ANY OF THE 2THEBARN FEATURES SHALL IN NO EVENT BE CONSIDERED OR RELIED UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE OF A LICENSED ATTORNEY. 3) Tau makes no representation or warranty that (a) any of the 2TheBarn Community Features will meet your expectations or requirements, (b) any of the 2TheBarn Community Features will be available, uninterrupted, timely, secure, accurate, complete or error-free, (c) any results or information that may be obtained from the use of any of the 2TheBarn Community Features will be accurate, timely, complete or reliable, (d) any errors or defects in any of the 2TheBarn Community Features will be corrected, or (e) any of the 2TheBarn Community Features and/or the server that makes any of the 2TheBarn Community Features available are free of viruses, clocks, timers, counters, worms, software locks, malware, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of any of the 2TheBarn Community Features may be interfered with by numerous factors outside of Tau’s control including, but not limited to, telecommunications network disruptions. Tau is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with any of the 2TheBarn Community Features. 4) You acknowledge, understand and agree that the entire risk arising out of the use or performance of any of the 2TheBarn Community Features remains with you to the maximum extent permitted by law. 5) YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY OF THE 2THEBARN FEATURES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF ANY OF THE 2THEBARN COMMUNITY FEATURES.

Limitations of Liability: 1) IN NO EVENT SHALL TAU OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, THE INABILITY TO USE, OR RELIANCE ON ANY OF THE FEATURES, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF TAU OR SUCH PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL TAU BE LIABLE FOR OR IN CONNECTION WITH ANY INFORMATION POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY VISITOR OR OTHER PERSON ON OR THROUGH ANY OF THE 2THEBARN FEATURES. 2) TAU HEREBY DISCLAIMS ANY LIABILITY TO YOU, THE PEOPLE YOU AUTHORIZE TO ACCESS YOUR ACCOUNT, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR ACCOUNT INCLUDING, BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY OF THE 2THEBARN COMMUNITY FEATURES UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER TAU NOR ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF THE USE OF ANY OF THE FEATURES OR INABILITY TO GAIN ACCESS TO ANY OF THE FEATURES.

Termination: You acknowledge, understand and agree that Tau, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, any of the 2TheBarn Community Features at any time under any circumstance including, but not limited to, if Tau believes in good faith that you have violated or acted inconsistently with these Terms of Use or any applicable law, rule or regulation or that you have engaged in conduct that Tau determines to be inappropriate or unacceptable.

Indemnity: You agree to defend, indemnify and hold Tau and any of its directors, officers, members, employees, agents, consultants, parents, affiliates, successors, assigns or content or service providers harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of (i) your use or misuse of any of the 2TheBarn Community Features, (ii) your breach or alleged breach of these Terms of Use, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of any of the 2TheBarn Community Features, (iv) your use or disclosure of another person's personal, financial or credit information or (v) the infringement, violation or misappropriation of any Proprietary Rights, or any other intellectual property rights or the violation of any property or privacy right arising from any of the information that you post or transmit through the use of any of the 2TheBarn Community Features.

Thank you for carefully reading and accepting our Terms of Use through your continued use of our site. If you have any questions about these Terms of Use, you may contact us by email at: help@2thebarn.com or by mail at Tau Enterprises Ltd, Mill House, Overbridge Square, Hambridge Lane Newbury Berkshire RG14 5UX.