The Service. Bark ‘n Yapp is an online community that connects dog owners with each other and with vendors that provide products and services for dogs (the “Service”).
Parties. "We", "us", and "our" refer to Bark ‘n Yapp. "You" and "your" refer to you, as a user of the Website. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Website. A “Vendor” or “business” is any company represented, or wishing to be represented on the Website.
Content. “Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by users or vendors. "Bark ‘n Yapp Content" means Content that we create and make available in connection with the Website. "User Content" means Content that you submit or transmit to, through, or in connection with the Website, such as ratings, reviews, compliments, messages, and information that you publicly display or displayed in your account profile. "Vendor Content" means Content that vendors submit or transmit to, through, or in connection with the Website including without limitation Vendor photos, trademarks and logos. "Third Party Content" means Content that originates from parties other than Bark ‘n Yapp, its users or its vendors, which is made available in connection with the Website. "Site Content" means all of the Content that is made available in connection with the Website, including Bark ‘n Yapp Content, User Content, Vendor Content, and Third Party Content
USING THE SERVICE
Permission to Use the Service. We grant you permission to use the Website subject to the restrictions in these Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
In Using the Website and/or Service. You shall not:
copy any content unless expressly permitted to do so herein;
upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
You do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
violates third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
impersonate any person or entity or misrepresent their affiliation with a person or entity;
threaten, stalk, harm, or harass others, promote bigotry or discrimination, or solicit information from minors;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
collect or store personal data about other users or viewers;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, including accessing, retrieving or indexing any portion of the Website for purposes of constructing or populating a searchable database of business reviews; or
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
promote a business or other commercial venture or event, or otherwise use the Website for commercial purposes, except in connection with a Vendor Account and as expressly permitted by Bark ‘n Yapp;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the website or any Site Content;
reformat or frame any portion of the Website;
assist, encourage, or enable others to use the Website to:
violate our Content Guidelines, including, but not limited to, writing fake or defamatory reviews, trading reviews with other businesses, or compensating someone or being compensated to write, modify, or remove a review;
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
Availability & Updates. Bark ‘n Yapp may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Bark ‘n Yapp may periodically add or update the information and materials on this Website without notice.
Eligibility. To access or use this Website, you must be 15 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Website if you are a competitor of ours or if we have previously banned you from the Website or closed your account.
License. Except for User Content and Vendor Content, this Website, and the information and materials that it contains, are the property of Bark ‘n Yapp and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Bark ‘n Yapp grants you a non-transferable, non-exclusive, license to use the Website for your use (the “License”). Nothing in the Terms gives you a right to use the Bark ‘n Yapp or Bark ‘n Yapp names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.
Vendor Accounts. In order for a Vendor to register ownership of their business within Bark ‘n Yapp, the owner, or a designated officer, must create an account and provide certain information about the business in order to use some of the features that are offered through the Website. In the future we may offer premium Vendor accounts that provide additional features. Such premium accounts will be subject to additional terms and conditions. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. A Vendor may create a single account for each individual commercial business it may own. In creating it, you will be required to provide complete and accurate information about various aspects of your business. This information will be validated by Bark ‘n Yapp prior to enhancement of the business listing with the Website.
No Endorsement. You understand and acknowledge that we do not endorse or recommend any vendors listed on our Website and we will not be a party to any transaction you enter into with such vendors. You further understand and acknowledge that we simply provide a platform that enables dog owners to locate relevant vendors in their area and that we will not be liable for any transaction or interaction between you and any other dog owner or vendor.
Feedback. If You provide Bark ‘n Yapp with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), Bark ‘n Yapp may use such Feedback in the Website or in any other Bark ‘n Yapp products or services (collectively, "Bark ‘n Yapp Offerings"). Accordingly, You agree that: (a) Bark ‘n Yapp is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Bark ‘n Yapp, (c) Bark ‘n Yapp (including all of its successors and assigns and any successors and assigns of any of the Bark ‘n Yapp Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Bark ‘n Yapp Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Bark ‘n Yapp or any of the other users of the Website in respect of the Feedback.
Security. Information sent or received over the Internet is generally unsecure and Bark ‘n Yapp cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Bark ‘n Yapp will not be liable for any loss or damage arising from your failure to comply with these requirements.
Content Guidelines. You represent that you have read and agree to adhere to our Content Guidelines.
License of Content. By submitting, posting or displaying User Content or Vendor Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to upload Vendor Content and to use, copy, modify, transmit, display and distribute such User Content or Vendor Content. Bark ‘n Yapp will not be responsible or liable for any use of User Content or Vendor Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content or Vendor Content that you submit.
Responsibility for Your Content. User Content and Vendor Content are the sole responsibility of such viewers, users and vendors. This means that the viewer, user, or vendor, and not Bark ‘n Yapp, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. You alone are responsible for your Content, and once published, it cannot always be withdrawn. You assume all risks associated with your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. Bark ‘n Yapp does not control or actively monitor User Content or Vendor Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Bark ‘n Yapp be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service. You may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Content Ownership. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Bark ‘n Yapp. As between you and Bark ‘n Yapp, you own Your Content. We own the Bark ‘n Yapp Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Vendor Content and other Website Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website excluding Your Content, Vendor Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Bark ‘n Yapp Content and the Website, which are protected by copyright, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Bark ‘n Yapp Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and the Bark ‘n Yapp Content are retained by us.
Advertising. You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Bark ‘n Yapp shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
Other. User Content and Vendor Content (including any that may have been created by users employed or contracted by Bark ‘n Yapp) does not necessarily reflect the opinion of Bark ‘n Yapp. We reserve the right to remove, screen, edit, or reinstate User Content or Vendor Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.
Links & Third-Party Websites. This Website (including User Content and Vendor Content) may contain links to other websites that are not owned or controlled by Bark ‘n Yapp. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Bark ‘n Yapp of that third party, third party product or service. Bark ‘n Yapp is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Bark ‘n Yapp endorses or accepts any responsibility for the content or use of such websites, and You hereby release Bark ‘n Yapp from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
We are under no obligation to enforce the Terms on your behalf against another user or vendor. While we encourage you to let us know if you believe another user, or vendor has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
Bark ‘n Yapp does not permit copyright infringing activities and infringement of intellectual property rights and Bark ‘n Yapp will remove any photos or other content if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon copyright you own or manage, you may submit a notification by providing our Copyright Agent with the following information in writing:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
your address, telephone number, and email address
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
THE WEBSITE, SERVICE, CONTENT AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." BARK ‘N YAPP SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. BARK ‘N YAPP DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND BARK ‘N YAPP SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. BARK ‘N YAPP WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE OR FOR ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BARK ‘N YAPP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF BARK ‘N YAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BARK ‘N YAPP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID BARK ‘N YAPP IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website or Service, please contact us at: email@example.com.
Effective Date: September 2, 2015