Terms & Conditions
These Terms and Conditions (Terms) apply to the use any Content (as defined below) of the website www.earthpoeticaproject.org (the Website or the Site) which is the property of Beverly Barkat and B.N. Barkat Holdings and Studio Ltd. (each and together, Barkat). These Terms must be read together with the Privacy Policy, which shall be considered an integral part of these Terms. Please read and review these Terms and the Privacy Policy (which is accessable via this link) 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, documents, files, logos, icons, photographs, videos, links, databases, knowledge, look and feel, and other content contained on this Web Site (Content) is owned, controlled by, and/or licensed to Barkat and is protected by Israeli and international copyright and other intellectual property 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 Website shall be construed as an assignment or license of any intellectual property rights contained herein.
If you are a parent of a child under the age of 18, 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 and using the Content. 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 and other intellectual property laws
Except for your non-commercial, educational, and personal use, you may not copy, reproduce, distribute, sell, adapt, modify, publicly display, print, post, dissamble, decompile, reverse engineer, download, republish, broadcast, transmit, make available to the public 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 right to use the Content for non-commercial, educational and personal use is subject to the proviso that the Content is represented or reproduced accurately and not used in a misleading context or altered format, such as stretched, compressed, coloured or altered in any way so as to distort its original format.
Should you wish to use the Content for commercial purposes, please make a request to Barkat at:
mia@earthpoeticaproject.org.
The Web Site is provided on an “as is” and “as available” 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 Website. 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.
Barkat retains all rights in and to the name Beverly Barkat and her likeness. You may not use the name Beverly Barkat or her likeness, except with Barkat’s express written consent or in accordence with applicable law.
All Barkat or its licensors’ rights in its/their intellectual property are strictly reserved. Where any of the Content is being republished or copied to others in compliance with these Terms, you must acknowledge the source of the Content and its copyright status. For example, “Beverly Barkat, After The Tribes, 2018-2019, Photo © B.N. Barkat Holdings and Studio Ltd, Israel.”
The Web Site may contain links to other web sites (Third Party Websites) that Barkat does not operate or control. Barkat is not responsible for the content or business practices of these Third Party Websites. Furthermore, Barkat is not responsible for the availability, stability, benefit, usefulness or otherwise of any Third Party Website, and do not necessarily endorse such Third Party Website, its products or services, as the case may be. Barkat recommends that you review the terms and privacy policies for any and all Third Party Websites that you visit.
Additionally, Barkat retains the sole right to delete any Third Party Website link or content.
User Submissions
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 and title in and to such content will be transferred 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.
Privacy Policy
Barkat does not collect any personal information from you when you visit the Web Site and operates according to the Privacy Policy (which is accessable via this link) and constuitute an intgral part hereof.
Prohibited Activities
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 or junk mail);
(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) distribute any type of virus, spyware, malware or other software programs, files or code designed to cause harm, nuisance, disruption, loss or corrption of data or information;
(e) deep link to the Web Site for any purpose;
(f) link or frame the Web Site, place pop-up windows over its pages, or otherwise affect the display of its pages;
(g) create a database that includes material downloaded or obtained from the Website without written permission from Barkat
(h) interfere with or disrupt the Website or services or networks connected to the Website or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
(i) 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;
(j) use the Website or Content in such a way as to infer any form of endorsement, association or sponsorship by Barkat; or
(k) use the Website or its Content in such a way that it prevents, restricts or otherwise prejudices the use of same by any other user.
Disclaimer of Warranties and Limitations on Liabilities
This Website 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 availability, credibility, quality or suitability of the materials on the Website 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, satisfactory quality, fitness for a particular use or purpose, title, non-infringement, compatibility, security and accuracy.
Barkat makes no warranty that the Website and/or the content therein will meet your requirements or that the Website 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. Barkat shall bear no responsibility for any mistakes, malfunctions or faults in the Website.
To the fullest 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, business, opportunity, goodwill, reputation, 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 Website, the materials on the Website or your use of the Website 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 Website, 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.
Notice and Takedown
If you have found Content on the Website which is obscene, defamatory, infringes intellectual property rights, and specifically in terms of copyright law is not covered by a limitation or exception, please contact Barkat at mia@barkatstudio.com with the following details:
– Your full contact details;
– Full details of the content and where you found it, including the exact URL;
– If your concern relates to copyright or other intellectual property rights, proof that are the owner of said intellectual property right or are its authorised representative; and
– The reason for your complaint.
We will acknowledge your complaint within 10 business daysof receiving your complaint. Upon receipt of a valid complaint, we may, at our sole discretion, remove the inpinging content from the Website while the matter is being further investigated.
Indemnification
To the fullest extent possible by 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 Website; (2) your use of the Website 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.
Governing Law
These Terms shall be governed by the laws of Israel without giving effect to its principles relating to choice of laws; and you expressly submit to the exclusive jurisdiction of the Israeli courts.
Entire Agreement
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.
Use of Website outside Israel or EEA
We operate the Website from within Israel or the European Economic Area (EEA). If you are using the Website form outside Israel or the EEA, other laws may apply to your use of the Website and the Content. We are not subject to local laws applicable in territories outside of Israel and the EEA, and in this regard, the Website may not be compliant with these local laws. You should not access the Website, unless you are satisfied with this position.