Terms of Use

By accessing this site you accept these Terms of Use of the Site.  You certify that you are 18 years of age or older.  If you are under the age of 18 you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.  Barbikens.com Ô does not intentionally collect personal information about children under the age of 18.  In using this Site you are fully responsible for use of this Site, including all financial charges and legal liability that you may incur.  If you do not agree to (or cannot not comply with) any of these terms and conditions, do not use this Site.  All billing and registration information provided must be truthful and accurate.  Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use.  By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased and collection terms as outlined.  All materials, including but not limited to images, text, illustrations, designs, graphics, photographs, and/or written and other materials that are part of this Site are intended solely for your personal shopping use. Printing and/or copying any contents from this Site does not constitute any right, title or interest in the materials. You may not print, copy, reproduce, publish, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents of the Site.  All software used on this Site is the property of Barbiken's Ô and/or its suppliers and protected by U. S. and International copyright laws.  The contents and software on this Site may be use only as a shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the contents of this Site is strictly prohibited.

Security of the Site
Users are prohibited from violating or attempting to violate the security of the Site, including but not limited to, (1) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (2) attempting to scan, test or otherwise interfere with the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, embedding, linking, overloading, spamming, phishing, flooding, and/or crashing; (4) sending unsolicited email, including promotions and/or advertising of products or services;(5) forging any header or part thereof in any email, newsletter, and/or flyer; or (6) embedding, linking, copying, or scanning any and all parts of the site without prior written authorization.  When warranted you may be issued ID, password and/or voucher numbers for shopping online.  The user will restrict access to any and all such codes issued to you by Barbiken's Ô .   The User attest that any and all information provided to Barbiken's Ô is true, correct and accurate and was transmitted by or on your behalf.  Transmission includes via website, email, telephone, mail, and/or all recognized delivery method.  Violations of system or network security may result in civil or criminal liability.  We will investigate any occurence that may involve such violations and will cooperate, where applicable, with law enforcement authorities in prosecuting users who are involved in such violations.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.  You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism such as browsers, spiders, or robots to navigate or search this Site other than provided from Barbikens.com Ô on this Site and other than generally available third party web browsers such as Microsoft Explorer or Netscape Navigator.

Acceptance of Order
There may be certain orders that we are unable to accept and must be cancelled.  We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.  Examples of an order that may be canceled include, but are not limited to; limited quantities; inaccuracies or errors in product or pricing information; out of stock items; or problems verifying credit card data, name, address, and/or email address.  We may also require additional verification or information before accepting any order.  We will contact you via email (provided valid email address has been given), or attempted delivery by mail (attempted delivery will be to address given), if any or all portions of your order are canceled, or if additional information is required to accept and/or complete your order.  If any portion of your order is canceled after your payment has been received, we will issue a refund for any portion cancelled .

Site Content
While Barbikens.com Ô works diligently to ensure the accuracy of product descriptions and pricing information, pricing or typographical errors may occur. Barbikens.com Ô   cannot confirm the price or availability of an item during your online shopping and/or until order is completed.   If it is found that any item listed on the Site is incorrect in price or product information due to an error, we reserve the right, at our sole discretion, to refuse or cancel any order or portion thereof, or may contact you via email explaining the differences and your desire to either proceed or cancel the order.  Prices and availability are subject to change without prior notice.  We make every effort to show product colors listed on the Site as accurately as possible. However, due to variations in computers and settings, we cannot guarantee that your display of color will be the same. Some item descriptions are approximate due to the nature of the item and variations (example: custom orders.)

Copyright and Trademarks
All contents, including but not limited to, the Barbiken's Ô   names, logos, slogans, designs, titles, graphics, images, text, of this Site are copyrighted, trademarked, trade dressed, and/or other intellectual property owned, controlled and/or licensed by Barbiken's Ô  , its affiliates, partners, and/or other third parties, and protected by U.S. and International copyright and trademark laws.  The collection, arrangement, and assembly of all contents on this site is the exclusive property of Barbiken's Ô protected by U. S. and International copyright laws.  You may not reproduce, publish, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents of this Site.  The Barbiken's names, logos and all related product and service names, design marks and slogans are the trademarks, copyrights and/or service marks of Barbiken's Ô All other marks are the property of their respective companies and/or owners.  No trademark, service mark or copyright license is granted in connection with the materials contained on this Site.  Access to this Site does not authorize anyone to use any name, logo, slogan, or mark in any manner.  References on this Site to any names, marks, products or services of third parties or links to third party sites and/or information are provided solely as a convenience to you and does not constitute or imply endorsement, sponsorship or recommendation of the third party, information, product or service.  Barbiken's Ô is not affiliated nor a representative of any company as may be viewed on our site unless otherwise stated. Barbiken's.com Ô  is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites.  Accessing third party sites from anywhere on Barbiken's.com Ô is entirely at your own risk.

Indemnification
You agree to defend, indemnify and hold harmless Barbiken's Ô   , its affiliates, partners, employees, directors, officers, agents, members, vendors and/or suppliers from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of the Site .

DISCLAIMER

THIS SITE IS PROVIDED BY BARBIKENS Ô ON AN 'AS IS' AND 'AS AVAILABLE' BASIS.  BARBIKENS Ô MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BARBIKENS Ô DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.  BARBIKENS Ô DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, LIABILITIES FOR ANY MERCHANDISE OFFERED AND/OR PURCHASED ON THIS SITE.  YOU ACKNOWLEDGE, BY YOUR USE OF BARBIKENS.COM Ô SITE, THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.  THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED SEPARATELY BY THE MANUFACTURER OF AN ITEM.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  UNDER NO CIRCUMSTANCES, LEGAL OR EQUITABLE, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BARBIKEN'S Ô    , ITS AFFLIATES, PARTNERS, EMPLOYEES, DIRECTORS, OFFIERS, AGENTS, MEMBERS, VENDORS AND/OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE BARBIKENS.COM Ô SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BARBIKEN'S Ô HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  BARBKEN'S Ô    , ITS AFFLIATES, PARTNERS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, MEMBERS, VENDORS AND/OR SUPPLIERS FURTHER ASSUME NO RESPONSIBLITY OR LIABILITY FOR ANY LOSS AND/OR DAMAGE CAUSED BY THE USE OR MISUSE OF ANY MERCHANDISE OFFERED BY BARBIKENS.COM Ô .  BARBIKENS Ô ASSUMES NO RESPONSIBLITY FOR MISUSE OF ID, PASSWORDS, AND/OR VOUCHER NUMBERS, OR ANY CODES BY OTHER PERSONS ISSUED BY BARBIKEN'S Ô .  IN NO EVENT WILL BARBIKEN'S Ô BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PURCHASE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE.
General
These Terms of Use (herein after referred to as 'Agreement') represents an Agreement between the parties and supersedes all prior Agreements and representations between them.  Titles and/or headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.  The failure of Barbiken's Ô to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.  This Agreement shall be governed by and construed under the laws of the State of Virginia without regard to conflicts of law provisions.  Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Virginia and you consent to the exclusive personal jurisdiction of such courts.
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Catalog

The Barbiken's™ names, logos and all related product and service names, design marks, graphics, photographs, designs, products, slogans, listing contents, and all intellectual property, are the trademarks, trade dressed, copyrights and/or service marks of Barbiken's™. All other third party marks, including Mattel®, Barbie®, Ebay® and PayPal®, are the property of their respective companies and/or owners. Protected under the U. S. Copyright and Trademark Laws .

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