Terms of Use

The Site is intended for persons who are at least 13 years of age.

If you are under the age of majority where you live, you may use the Site only with the involvement and permission of a parent or legal guardian, and your parent or legal guardian should review these Terms with you.

The Site is not directed to children under 13, and persons under 13 should not use the Site.

The Barbaric Yawp Project is an expressive and editorial project that explores historical, cultural, literary, artistic, social, and political people, ideas, events, themes, and connections.

Content on the Site may include commentary, criticism, interpretation, historical or biographical material, creative expression, satire, parody, dramatization, fictionalization, and other expressive material.

The Site does not provide professional legal, financial, medical, investment, or other professional advice. Nothing on the Site should be relied upon as a substitute for advice from an appropriately qualified professional.

The Barbaric Yawp Project makes extensive use of artificial intelligence technologies to create content presented on the Site. Content may include AI-generated or AI-assisted text, images, voices, audio, video, animation, dialogue, visual representations, and other media.

Accordingly:

• Depictions of real persons, whether living or deceased, may be synthetic, reconstructed, dramatized, fictionalized, or generated by artificial intelligence.
• AI-generated voices or audiovisual portrayals should not be understood to be authentic recordings of the person depicted unless the Site expressly identifies the material as authentic archival source material.
• Statements presented through an AI-generated portrayal should not be assumed to be words actually spoken or written by the person depicted unless they are expressly identified as a quotation or otherwise attributed to a source.
• AI-generated material may contain inaccuracies, omissions, anachronisms, simplifications, fictionalized elements, or other errors.
• The appearance of a person, organization, estate, institution, product, work, or other subject on the Site does not imply that the person or entity participated in, approved, sponsored, endorsed, or is affiliated with The Barbaric Yawp Project.
• Users should independently verify factual information before relying upon it.

The Company may revise, correct, supplement, remove, or otherwise modify AI-generated content at any time without notice.

The Site may refer to or depict historical figures, public figures, authors, artists, politicians, entertainers, cultural figures, and other individuals as part of the Site's editorial, educational, historical, biographical, critical, artistic, satirical, parodic, or other expressive purposes.

Unless expressly stated otherwise, the use of a person's name, likeness, voice, biography, or other identifying characteristics does not indicate sponsorship, approval, authorization, or endorsement by that person or by the person's family, heirs, estate, representatives, employers, affiliated organizations, or other rights holders.

Nothing in these Terms is intended to claim rights in third-party intellectual property, names, likenesses, or other protected material beyond the rights available to the Company under applicable law or pursuant to permission, license, consent, or other authorization.

The Company makes reasonable efforts to develop and review the content published on the Site.

Nevertheless, because the project involves artificial intelligence, historical interpretation, creative expression, and editorial judgment, we do not warrant that Site content is complete, current, error-free, historically definitive, or factually accurate in every respect.

Different historians, scholars, commentators, rights holders, or other individuals may disagree with characterizations, interpretations, classifications, relationships, or conclusions presented on the Site.

The inclusion or exclusion of a person, subject, connection, viewpoint, or historical interpretation reflects editorial decisions made by The Barbaric Yawp Project and should not be understood as a representation that a particular interpretation is universally accepted.

The Site and its contents, including its branding, trademarks, logos, software, code, site design, layout, arrangement, selection and coordination of material, original editorial material, graphics, databases, audiovisual presentations, and other content, are owned by or licensed to The Barbaric Yawp Project or its licensors to the extent protectable under applicable law.

Nothing in these Terms transfers any ownership interest to you.

Subject to these Terms, you may access and view publicly available portions of the Site for your personal, noncommercial use.

Except as permitted by applicable law or with our prior written permission, you may not reproduce, republish, distribute, sell, license, commercially exploit, systematically download, modify, create unauthorized derivative products from, or otherwise use Site content in a manner that infringes our rights or the rights of others.

You may not use Site content, data, audiovisual material, or other materials for the development, training, fine-tuning, evaluation, or operation of an artificial intelligence or machine-learning system without our prior written authorization, except to the extent such restriction is prohibited by applicable law.

Nothing in these Terms restricts rights that cannot lawfully be restricted, including any rights that may exist under applicable copyright exceptions or limitations.

The Barbaric Yawp Project seeks to respect the intellectual property, publicity, privacy, and other legal rights of third parties.

If you are a rights holder or an authorized representative of a rights holder and believe that material appearing on the Site infringes or improperly uses a copyright, trademark, name, image, likeness, voice, publicity right, or other protected right, please contact us at info@barbaricyawpproject.org.

Please include sufficient information for us to identify and evaluate the material at issue, including:

• your name and contact information;
• identification of the person, work, or right at issue;
• the URL or other location of the relevant Site content;
• the nature of your concern and the legal right you believe is implicated;
• the basis for your authority to act on behalf of the relevant rights holder, if applicable; and
• any supporting information you believe would assist our review.

We may investigate such requests and, in our discretion or as required by law, modify, restrict, label, or remove content.

Providing this process does not constitute an admission that any particular material is infringing or unlawful, nor does it waive any rights, defenses, privileges, exceptions, or limitations available to the Company.

The Site does not currently provide public user accounts, public comments, message boards, or functionality allowing members of the public to publish content to the Site.

If you voluntarily communicate with us by email or through another contact mechanism, you should not send confidential, privileged, proprietary, or sensitive information unless we have expressly agreed in writing to receive it on that basis.

Sending us an unsolicited communication does not create an attorney-client, fiduciary, confidential, employment, agency, or other special relationship.

You may use the Site only for lawful purposes and in accordance with these Terms.

You may not, directly or indirectly:

1. attempt to gain unauthorized access to the Site, its servers, administrative interfaces, content-management systems, databases, networks, cloud infrastructure, storage systems, accounts, credentials, APIs, or related systems;
2. conduct or assist with a denial-of-service or distributed-denial-of-service attack, traffic flood, resource exhaustion attack, amplification attack, or other activity intended or reasonably likely to disrupt, degrade, overload, impair, or make unavailable any portion of the Site or its supporting infrastructure;
3. probe, scan, test, enumerate, fingerprint, or otherwise investigate the security, configuration, vulnerabilities, ports, endpoints, infrastructure, authentication systems, or access controls of the Site without our prior written authorization;
4. perform penetration testing, vulnerability testing, exploit testing, red-team activity, or other security research against the Site or its infrastructure without our prior written authorization;
5. exploit, attempt to exploit, publish, weaponize, or facilitate the exploitation of any actual or suspected vulnerability affecting the Site;
6. circumvent or attempt to circumvent firewalls, web application firewalls, content-delivery-network protections, bot protections, access restrictions, CAPTCHAs, rate limits, authentication controls, monitoring systems, or other technical or security measures;
7. use stolen, guessed, harvested, leaked, fabricated, or unauthorized credentials, authentication tokens, session information, API credentials, cookies, or other access mechanisms;
8. engage in password guessing, password spraying, credential stuffing, brute-force attacks, account enumeration, phishing, or other attempts to obtain unauthorized access;
9. introduce malware, malicious scripts, ransomware, viruses, worms, Trojan horses, backdoors, destructive code, or other harmful technology;
10. alter, delete, corrupt, damage, intercept, extract, exfiltrate, or obtain nonpublic data without authorization;
11. impersonate the Company, its personnel, a Site administrator, another person, or any other entity, or falsely suggest an affiliation with the Company;
12. forge headers, manipulate identifiers, conceal the origin of malicious traffic, or otherwise misrepresent the source of communications or requests;
13. use automated systems, bots, scrapers, crawlers, or similar technologies in a manner that places an unreasonable or disproportionately large burden on the Site or its infrastructure, circumvents technical restrictions, or interferes with ordinary Site operation;
14. systematically harvest Site content or data for commercial republication, resale, database creation, artificial-intelligence training, surveillance, or other unauthorized purposes;
15. interfere with, disrupt, attack, or attempt to compromise any hosting provider, content delivery network, security provider, cloud provider, DNS provider, analytics provider, or other third party used to operate or protect the Site in connection with an attack upon or attempted access to the Site;
16. use the Site in connection with fraud, extortion, stalking, harassment, threats, unlawful surveillance, intellectual-property infringement, or other unlawful activity;
17. encourage, instruct, assist, finance, coordinate, or enable another person to engage in conduct prohibited by these Terms; or
18. attempt to do any of the foregoing.

The fact that an Internet-accessible system, URL, endpoint, file, service, or other resource is technically reachable does not constitute authorization to access or use it beyond its intended public function.

Public access to the Site does not constitute authorization to conduct security testing, vulnerability scanning, penetration testing, automated attacks, or other intrusive activity.

To protect the Site, the Company, our users, our service providers, and others, we may use technical and administrative security measures including traffic analysis, logging, rate limiting, automated threat detection, access controls, firewalls, bot detection, IP-based restrictions, and similar technologies.

Subject to applicable law and our Privacy Policy, we may preserve and review security-related records when reasonably necessary to investigate abuse, protect our rights or systems, enforce these Terms, respond to legal process, or address suspected unlawful conduct.

If we believe that activity violates these Terms or presents a security, operational, or legal risk, we may, without prior notice:

• block or restrict IP addresses, networks, devices, requests, or other traffic;
• throttle or rate-limit access;
• disable or restrict particular Site functionality;
• preserve relevant technical records;
• investigate the activity internally or with our service providers;
• provide relevant information in response to valid legal process;
• report suspected unlawful conduct to appropriate service providers, infrastructure providers, security organizations, or governmental or law-enforcement authorities; and
• pursue available legal or equitable remedies.

We are not obligated to provide access to any person or system whose activity we reasonably believe threatens the security, integrity, availability, or lawful operation of the Site.

The Site may link to websites, media platforms, archives, publications, services, or other resources operated by third parties.

A link does not imply endorsement, sponsorship, approval, or control by The Barbaric Yawp Project.

We are not responsible for the availability, content, security, privacy practices, accuracy, or conduct of third-party websites or services. Your use of third-party resources is governed by the terms and policies of those third parties.

Our collection and handling of information associated with use of the Site is described in our Privacy Policy, which is incorporated into these Terms by reference.

Among other things, ordinary operation and security of a website may involve processing technical information such as IP addresses, request information, device or browser information, server logs, and security events.

Please review the Privacy Policy for additional information.

We may add, remove, modify, suspend, discontinue, restrict, or redesign any portion of the Site at any time.

We do not guarantee that the Site will always be available, uninterrupted, secure, or error-free.

Maintenance, technical failures, Internet disruptions, malicious activity, third-party service failures, security incidents, governmental actions, and circumstances outside our control may affect availability.

We have no obligation to preserve or continue making any particular content or feature available.

To the maximum extent permitted by applicable law, the Site and all content, information, features, and services available through it are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise.

To the maximum extent permitted by law, the Company disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, security, and quiet enjoyment.

We do not warrant that the Site will be uninterrupted or error-free; that defects will be corrected; that content will be accurate or complete; or that the Site or the infrastructure through which it is provided will be free from harmful components or security threats.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

To the maximum extent permitted by applicable law, The Barbaric Yawp Project, LLC and its members, managers, officers, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, or for any loss of data, revenue, profits, business opportunities, goodwill, or use, arising out of or related to the Site or these Terms, regardless of the theory of liability and even if advised of the possibility of such damages.

To the maximum extent permitted by law, the aggregate liability of the Company and the parties identified above for all claims arising from or relating to the Site or these Terms will not exceed one hundred U.S. dollars ($100).

These limitations do not exclude liability that cannot lawfully be excluded or limited under applicable law.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless The Barbaric Yawp Project, LLC and its members, managers, officers, employees, contractors, agents, affiliates, licensors, and service providers from claims, liabilities, damages, judgments, losses, costs, expenses, and reasonable attorneys' fees arising from or relating to:

• your unlawful or unauthorized use of the Site;
• your violation of these Terms;
• your infringement or violation of another person's rights; or
• your attack upon, interference with, or unauthorized access to the Site or related infrastructure.

The Company reserves the right to assume control of the defense of any matter otherwise subject to indemnification, and you agree to reasonably cooperate with that defense.

Violation of the Site's intellectual-property, access, or security restrictions may cause harm for which monetary damages alone may be inadequate.

To the extent permitted by applicable law, the Company may seek injunctive or other equitable relief to prevent or stop actual or threatened unauthorized activity, in addition to any other remedies available at law or in equity.

Nothing in these Terms limits any remedies available to the Company or any third party under applicable civil or criminal law.

These Terms and any dispute arising from or relating to these Terms or the Site will be governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Subject to any applicable law that provides otherwise, any legal proceeding arising from or relating to these Terms or the Site shall be brought in the state courts located in Marin County, California, or in the federal courts having jurisdiction over Marin County, California, and you consent to the personal jurisdiction of those courts.

The Site is operated from the United States.

If you access the Site from another country or jurisdiction, you do so on your own initiative and are responsible for compliance with applicable local laws.

We make no representation that the Site or its content is appropriate or lawful in every jurisdiction.

We may revise these Terms from time to time.

When we do so, we will post the revised Terms on the Site and update the effective or “last updated” date. Changes become effective when posted unless a later effective date is specified.

Your continued use of the Site after revised Terms become effective constitutes your acceptance of the revised Terms to the extent permitted by applicable law.

You should review these Terms periodically.

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Failure by the Company to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later.

Any waiver must be expressly made in writing by an authorized representative of the Company.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

The Company may assign or transfer its rights and obligations under these Terms in connection with a merger, reorganization, sale of assets, change of control, or other lawful transaction.

These Terms, together with the Privacy Policy and any other policies or notices expressly incorporated by reference, constitute the entire agreement between you and The Barbaric Yawp Project, LLC concerning your use of the Site and supersede prior or contemporaneous understandings concerning that subject matter.

Questions about these Terms, or concerns regarding material appearing on the Site, may be directed to:

The Barbaric Yawp Project, LLC
Email: info@barbaricyawpproject.org
Website: barbaricyawpproject.org