đź”’ Terms of Use, Privacy Policy, and Legal Notice for barneyallissculpture.com and Related Platforms
Last updated: June 9, 2025
1. Introduction
Welcome to barneyallissculpture.com and related platforms, including but not limited to michaelherold.com and associated social media accounts (collectively, “Platforms”), owned and operated by Michael Herold. These Platforms are artistic and commercial spaces showcasing and selling original sculptures, creative works, and related content across websites, social media, and other digital channels. By accessing or using our Platforms, you agree to be bound by these Terms of Use, Privacy Policy, and Legal Notice (collectively, “Terms”). If you do not agree, please do not use our Platforms.
2. Intellectual Property, Copyright, and Usage
2.1 Ownership
All artwork, sculptures, designs, site layouts, content, text, photographs, images, logos, videos, and other materials on our Platforms (“Content”) are the exclusive property of Michael Herold, unless explicitly stated otherwise, and are protected by U.S. and international copyright laws, including the Berne Convention and the Digital Millennium Copyright Act (DMCA).
2.2 Restrictions
Unauthorized reproduction, modification, distribution, resale, scraping, digitization, tokenization (e.g., NFTs), or any other use of Content is strictly prohibited without prior written consent from Michael Herold. This includes, but is not limited to, use in AI datasets, machine learning model training, or reinterpretation of works.
2.3 Enforcement
Violations of intellectual property rights will result in immediate legal action, including takedown notices and claims for damages. To request permission for use, contact info@barneyallissculpture.com.
2.4 Design Process Confidentiality
Design plans, sketches, or technical specifications shared with clients or collaborators during the creation or commissioning process are proprietary and confidential. Clients and third parties may not disclose or use these materials without written consent from Michael Herold.
3. Prohibited Use for Generative AI and Datasets
No Content from our Platforms may be used, scraped, or crawled for training, tuning, or instructing artificial intelligence systems, including but not limited to large language models (LLMs), diffusion models, or platforms like OpenAI, Anthropic, Stability AI, Midjourney, or Google. Any such use constitutes a material breach of these Terms and will trigger immediate legal action, including DMCA takedown requests and claims for injunctive relief.
4. Privacy Policy
We are committed to protecting your privacy in compliance with applicable laws, including the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), Brazil’s Lei Geral de Proteção de Dados (LGPD), and other regional regulations.
4.1 Personal Data Collected
We may collect:
Contact Information: Name, email, phone number, and mailing address (for inquiries, commissions, or order fulfillment).
Transaction Data: Payment details (processed securely via third-party providers like Stripe or PayPal).
Analytics Data: Anonymized data via cookies or third-party tools (e.g., Google Analytics) to track site performance and visitor behavior.
Device/Browser Data: IP address, browser type, and device information to optimize user experience.
4.2 How We Use Your Data
We use your data to:
Respond to inquiries and commission requests.
Process and fulfill orders, including shipping and payment updates.
Improve Platform functionality and user experience.
Send newsletters or promotional offers (with your consent, where required).
Comply with legal obligations.
4.3 Data Sharing
We do not sell, rent, or share your personal data for marketing purposes. Data may be shared with:
Service Providers: Payment processors (e.g., Stripe, PayPal), shipping carriers, or analytics providers, bound by strict confidentiality agreements.
Legal Authorities: If required by law or to protect our rights.
4.4 Data Security
We implement industry-standard security measures, including SSL/TLS encryption and secure storage, to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.
4.5 Data Retention
We retain personal data only as long as necessary to fulfill the purposes outlined in this policy or as required by law. For example:
Contact data is retained until you request deletion or unsubscribe.
Transaction data is kept for 7 years to comply with tax and accounting laws. To request data deletion, contact info@barneyallissculpture.com.
4.6 Your Rights
Depending on your jurisdiction, you may have the right to:
Access, correct, or delete your personal data.
Restrict or object to data processing.
Data portability (receive your data in a structured format).
Withdraw consent for non-essential processing (e.g., newsletters). To exercise these rights, contact info@barneyallissculpture.com. We will respond within 30 days (or as required by law, e.g., 45 days under CCPA in certain cases).
4.7 Cookie Policy
Our Platforms use cookies and similar technologies to:
Ensure essential functionality (e.g., session management).
Track analytics (e.g., visitor behavior via Google Analytics).
Personalize content (e.g., remembering preferences).
Deliver embedded content from third-party platforms (e.g., YouTube, Vimeo).
Cookie Types:
Essential: Required for site functionality (cannot be disabled).
Analytics: Measure site performance (opt-out available).
Marketing: Serve personalized ads (opt-out available).
You consent to cookies by using our Platforms. To manage preferences, adjust your browser settings or use our cookie consent tool (where available). Disabling cookies may affect functionality.
4.8 User-Generated Content
If you submit comments, reviews, or other content to our Platforms (e.g., via social media, contact forms, or blogs), you grant us a non-exclusive, royalty-free, worldwide license to use, display, and reproduce such content solely for operating and promoting our Platforms. You are responsible for ensuring your content is lawful and non-infringing. We reserve the right to moderate, remove, or reject any user-generated content at our discretion.
4.9 Social Media Interactions
When you interact with our Platforms via social media (e.g., Instagram, Facebook), your data may be collected by those third-party platforms under their own privacy policies. If you use social media logins to access our services, we may receive limited profile data (e.g., username, email). We are not responsible for social media platforms’ data practices.
5. Accessibility
We are committed to making our Platforms accessible to all users, in line with the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Features include keyboard navigation, alt text for images, and high-contrast options. We are actively working toward full compliance and welcome feedback. If you encounter accessibility issues, contact info@barneyallissculpture.com.
6. E-commerce Policy
6.1 Originality
All sculptures and artworks are original, handcrafted creations. Minor variations or imperfections are intentional and reflect the artistic process.
6.2 Payment
Payments are processed securely via Stripe, PayPal, or other trusted providers. Orders are finalized only after payment clears. Custom commissions may require a 50%–100% deposit, depending on complexity.
6.3 Shipping
We ship globally, subject to restrictions (see Section 11). Shipping costs and estimated delivery times are provided at checkout. We are not liable for delays caused by carriers, customs, or force majeure events (e.g., natural disasters, strikes, or pandemics). Report transit damage within 3 days of delivery for assistance.
6.4 Returns and Refunds
Standard Purchases: Returns may be accepted within 14 days of delivery for a store credit (excluding shipping costs), provided the item is undamaged and in original condition. Buyers are responsible for return shipping costs. We reserve the right to deny returns for large-scale or custom works, assessed case-by-case. Contact info@barneyallissculpture.com to initiate a return.
Custom Commissions: Non-refundable unless defective or significantly different from the agreed specifications.
Defective Items: We will replace or issue store credit for defective items at our discretion.
6.5 Sales Tax
Where applicable, sales tax will be added to your order based on your shipping address and local regulations. International buyers are responsible for any customs duties, VAT, or taxes imposed by their country.
6.6 Warranty
Sculptures are warranted against manufacturing defects for one year from delivery, provided they are used and maintained as intended. This warranty does not cover damage from improper installation, neglect, or natural wear. Contact info@barneyallissculpture.com for warranty claims.
6.7 Material Disclosures
Our sculptures are crafted from high-quality metals and materials, selected for durability and aesthetic impact. We strive to use environmentally responsible sourcing where feasible. Material safety data (e.g., lead-free certifications) is available upon request.
6.8 Public Art Installations
For sculptures commissioned or purchased for public spaces, we will collaborate with buyers to ensure proper installation and maintenance guidelines are provided. Buyers are responsible for obtaining necessary permits, ensuring public safety, maintaining the sculpture post-installation, and insuring the sculpture against loss, damage, or theft, including during installation and display. We are not liable for damages caused by improper installation or public use, as outlined in Section 10.
6.9 Corporate and Private Installations
For sculptures commissioned or purchased for corporate or private properties (e.g., office buildings, campuses, or residences), the following terms apply:
Client Responsibilities: Clients must provide adequate site access, prepare the installation site (e.g., structural supports, permits), and comply with local regulations.
Confidentiality: We respect the privacy of private clients and will not disclose project details or client identities without consent, except as required by law.
Installation: We will coordinate with clients or their designated contractors to ensure proper installation. Clients are responsible for installation costs unless otherwise agreed in writing.
Maintenance: Clients must follow provided maintenance guidelines to preserve the sculpture’s integrity. We are not liable for damage due to improper maintenance or site conditions.
Ownership and Display: Clients receive ownership of the physical sculpture but may not reproduce, modify, or create derivative works without written permission. Display rights are limited to the agreed-upon location unless otherwise specified.
Insurance: Clients are responsible for insuring the sculpture post-delivery against loss, damage, or theft, including during installation and display. Contact info@barneyallissculpture.com for commission agreements or installation support.
7. Email Newsletters
By opting into our newsletter, you may receive updates on new works, events, or offers. You can unsubscribe at any time via the link in any email. We do not share your email with third parties for marketing purposes.
7.1 Events and Exhibitions
If you attend our physical or virtual events (e.g., gallery exhibitions, live streams), we may collect data such as your name or likeness (via photography or video) for promotional purposes. By attending, you consent to such use unless you notify us otherwise in writing at info@barneyallissculpture.com.
8. Affiliate Disclosure
Some links on our Platforms may be affiliate links. If you purchase through these links, we may earn a commission at no additional cost to you. We only endorse products or services we use or trust.
9. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict of law principles. Any disputes must first be addressed through mediation in Denver County, Colorado, with a mutually agreed-upon mediator, except in cases requiring urgent legal action (e.g., intellectual property violations or non-payment). If mediation fails, disputes will be resolved in the courts of Denver County, Colorado, unless otherwise required by law.
10. Limitations of Liability
To the fullest extent permitted by law, Michael Herold and barneyallissculpture.com are not liable for any damages arising from your use of our Platforms, including but not limited to:
Data loss or breaches (despite our security measures).
Misinterpretation of artwork or content.
Allergic reactions to materials or injuries from installation/display. You assume full responsibility for the use, handling, and installation of purchased items.
11. International Use and Sanctions
Our Platforms comply with U.S. sanctions laws and are not available to users in countries subject to U.S. embargoes or restrictions, including but not limited to North Korea, Iran, Syria, Cuba, and the Crimea region of Ukraine. Users in these regions must not access or use our Platforms.
12. Right to Refuse Service
We reserve the right to refuse service, communication, or commissions to anyone, including:
Individuals acting in bad faith, engaging in harassment, or infringing intellectual property.
Automated bots, crawlers, or scrapers.
13. Children’s Privacy
Our Platforms are not intended for or directed at children under 13, and we do not knowingly collect data from children. We do not knowingly include or intend any non-child-safe content on our Platforms, which focus solely on sculptures and related artistic content. We are not responsible for the content of external sites linked from our Platforms (see Section 14). If you believe we have collected data from a child under 13, contact info@barneyallissculpture.com for immediate deletion.
13.1 Feedback and Complaints
We welcome feedback to improve our Platforms. For complaints or concerns (beyond privacy rights), contact info@barneyallissculpture.com. We aim to respond within 7 business days and resolve issues promptly.
14. Third-Party Content
Embedded content (e.g., YouTube, Instagram, Vimeo) is subject to the respective third-party privacy policies and terms. We are not responsible for their data collection or practices.
15. External Links
Our Platforms may link to external sites for convenience. We are not responsible for their content, security, or policies. You access external links at your own risk.
16. Force Majeure
We are not liable for delays or failures to perform due to events beyond our control, including natural disasters, pandemics, strikes, or governmental actions.
17. No Waiver
Failure to enforce any provision of these Terms does not constitute a waiver.
17.1 Severability and Entire Agreement
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full effect. These Terms constitute the entire agreement between you and Michael Herold regarding your use of our Platforms, superseding any prior agreements.
18. Updates to Terms
We may update these Terms periodically. Changes will be posted on this page, and your continued use of our Platforms constitutes acceptance of the updated Terms.
18.1 Language and Translation
These Terms are provided in English. If you require assistance in another language, contact info@barneyallissculpture.com, and we will make reasonable efforts to assist. In case of discrepancies between translations, the English version prevails.
19. Data Backup and Loss
We maintain regular backups of Platform data to ensure continuity. However, we are not liable for data loss due to technical failures beyond our control. If you believe your order or data is affected, contact info@barneyallissculpture.com immediately.
20. Contact Information
For questions, support, or to exercise your privacy rights, contact:
Michael Herold
Email: info@barneyallissculpture.com
Address: Denver, Colorado, USA
