B!B Terms of Service

Welcome! We find generic terms of service to be an unfortunately dense and painful part of the typical user experience for the Web, and we’re looking for ways to change that. We welcome your feedback for how to make this a better experience. Please feel free to drop us a note or leave a comment at the bottom of this page.

OVERVIEW
These terms help us maintain the quality of our service for you and other participants.

1. ACCEPTANCE OF TERMS
Bark!Best Inc (“Bark!Best”) provides the information on its Web sites according to these Terms of Service (“TOS”). Bark!Best may update the TOS at any time and without prior notice by posting a new version here. The information on this site and your use of it is subject to the most recent version of the TOS posted. For your convenience, we will archive all previous versions of these terms at the bottom of this page.

In order to use Bark!Best Services, you must first agree to these terms. You may not use these services if you do not agree to these terms. You can accept the terms by clicking to accept the terms or by actually using the services. You may not use the services if you are below the legal age required to form a contract with Bark!Best, or if you are prohibited from using Bark!Best Services in the United States, the country where you reside, or the jurisdiction where you use the services.

These terms may be translated into another language, but the English language version is the binding version.

2. DESCRIPTION OF SERVICE
Bark!Best provides you with access to recommendations in the form of questions, answers, reasons (“Bark!Best Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Bark!Best Services shall be subject to the TOS.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of Bark!Best Services, you represent that you are at least 13 years of age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Bark!Best registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bark!Best has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then Bark!Best has the right to suspend or terminate your account and refuse any and all current or future use of Bark!Best Services (or any portion thereof).

4. BARK!BEST PRIVACY POLICY
This reference incorporates the Bark!Best privacy policy into these terms of service. For more information, see our full privacy policy.

5. CONDUCT
You understand that all information, data, text, software, graphics or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Bark!Best, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Bark!Best Services. Bark!Best does not control the Content posted via Bark!Best Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Bark!Best be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Bark!Best Services. You agree to not use Bark!Best Services to:

1.) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, sexual, obscene, libelous, invasive of another’s privacy, hateful; is racially, ethnically or otherwise objectionable; is patently offensive; promotes hatred or harm; exploits people; contains nudity or excessive violence; solicits personal information from someone under age 18; is misleading; promotes illegal activity in your jurisdiction; or includes a recording, photograph, or video of another person that you publish without their consent;

2.) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3.) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Bark!Best Services;

4.) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law, or under other contractual relationships;

5.) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

6.) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation; (If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Bark!Best Services, you acknowledge that you will have caused significant harm to Bark!Best, and that the amount of such harm would be very difficult to measure. As a reasonable estimation of such harm, you agree to pay Bark!Best $50 for each such unsolicited commercial communication you have sent through Bark!Best Services.)

7.) upload, post, email, transmit or otherwise make available any material that 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;

8.) disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects another user’s ability to engage in discussions or exchanges;

9.) interfere with or disrupt Bark!Best Services or servers or networks connected to Bark!Best Services, or disobey any requirements, procedures, policies or regulations of networks connected to Bark!Best Services;

10.) intentionally or unintentionally violate any applicable local, state, national or international law;

11.) “stalk” or otherwise harass another user;

12.) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in these terms of service;

13.) transfer your profile to another user;

14.) any attempt to influence the statistics collected by Bark!Best such as votes, credibility, and point ratings such as but not limited to creating more than one account or using automated scripts;

15.) violate the laws of the United States of America or your local jurisdiction;

16.) attempt to buy or sell anything using Bark!Best Services;

17.) attempt to collect, collect, or obtain private information of any other users such as a password or demographic data;

18.) publish hyperlinks to sites that contain material expressly prohibited by this agreement;

19.) impose an unreasonable technical burden on Bark!Best hardware, software, or bandwidth;

20.) attempt to disrupt Bark!Best Services;

21.) access Bark!Best Services through automated means such as robots, spiders, or scrappers unless you are a public search engine;

22.) share your password with a third party;

23.) generate artificial traffic to Bark!Best web sites that appears to come from more people than are actually involved in the transmission of data;

24.) send any content that contains malicious software to Bark!Best;

25.) request that search engines index or crawl any portion of Bark!Best;

26.) circumvent or modify, attempt to circumvent or modify, or assist or encourage any other person to circumvent or modify any security technology or software that is part of Bark!Best Services;

27.) copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through Bark!Best Services unless you are the creator of said Content;

28.) cover or obscure the advertisements on Bark!Best websites using HTML, CSS, or other means;

29.) impersonate or attempt to impersonate another person or entity;

30.) download or upload software to or from Bark!Best Services in violation of United States export control laws.

You acknowledge that Bark!Best may or may not pre-screen Content, but that Bark!Best and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via Bark!Best Services and which violates the TOS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that Bark!Best may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Bark!Best its users and the public; or (f) enforce the Bark!Best privacy policy.

6. COPYRIGHT POLICY
By publishing content to Bark!Best Services, you agree to the terms of our copyright policy.

7. SAFETY GUIDELINES
By publishing or reading content to Bark!Best Services, you agree to follow our safety guidelines.

8. INDEMNITY
You agree to indemnify and hold Bark!Best and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of Bark!Best Services, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9. MODIFICATIONS TO ATHENABRIGE SERVICES
You acknowledge that Bark!Best may establish general practices and limits concerning use of Bark!Best Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by Bark!Best Services. You further acknowledge that Bark!Best reserves the right to modify these general practices and limits from time to time. Bark!Best reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Bark!Best Services (or any part thereof) with or without notice. You agree that Bark!Best shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Bark!Best Services.

10. TERMINATION OF SERVICE

You agree that Bark!Best may terminate your access to Bark!Best Services for violations of the TOS and/or requests by authorized law enforcement or other government agencies. Upon termination, you are not permitted to access Bark!Best Services again.

If you decide to terminate this contract and delete your account, the Content you provided through Bark!Best may still exist. Bark!Best will delete this Content at its discretion if there is a reasonable reason for doing so and deletion would not require an unreasonable amount of resources.

11. PENALTIES
You agree that if you violate these terms of service, the Bark!Best community may impose penalties such as suspending or terminating your Bark!Best account or adjusting your global or local credibility within Bark!Best Services.

12. LINKS
Bark!Best Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Bark!Best has no control over such sites and resources, you acknowledge and agree that Bark!Best is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Bark!Best shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF BARK!BEST SERVICES IS AT YOUR SOLE RISK. BARK!BEST SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BARK!BEST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

BARK!BEST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS MAKE NO WARRANTY THAT (i) BARK!BEST SERVICES WILL MEET YOUR REQUIREMENTS; (ii) BARK!BEST SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE and (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BARK!BEST SERVICES WILL BE ACCURATE OR RELIABLE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BARK!BEST OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

Disclaimer for Q&A Content

Bark!Best does not evaluate or guarantee the accuracy of any questions, answers or other posted information on Bark!Best (collectively, “Q&A Content”). Normally, all Q&A Content is provided by Bark!Best community members like you. However, in certain circumstances, Q&A Content may be provided by “celebrity”, “special guest”, or other participants in Bark!Best, or by Bark!Best staff. In those instances, the asker/responder’s special status will typically be indicated by the use of a badge or other special indicator. However, regardless of the source or origin of any Q&A Content on Bark!Best, you agree that any use you make of such Q&A Content is at your own risk and that Bark!Best is not responsible for any losses resulting from your reliance on any Q&A Content on Bark!Best. Q&A Content on Bark!Best should never be used as a substitute for advice from a qualified professional. All Q&A Content available through or in connection with Bark!Best is informational only and provided “as is” without warranties, representations, or guarantees of any kind. Bark!Best disclaims any and all implied warranties respecting Bark!Best. Some of the Q&A Content may only be applicable to certain countries. It is your responsibility to determine whether, how and to what extent any Q&A Content will be applicable in the country you intend to use it in. The opinions expressed through Bark!Best are the opinions of the individual author and do not reflect the opinions of Bark!Best.

By publishing content to Bark!Best, you acknowledge that Bark!Best is not responsible for any response you receive or do not receive, and you agree to hold Bark!Best harmless from any loss, harm, injury or damage resulting from or arising out of your submission of the question or your use of or reliance on any response thereto. Questions and Answers may not appear on all Bark!Best sites.

Special admonition for Bark!Best relating to financial matters

For this type of Q&A Information particularly, the phrase “Let the investor beware” is apt. Bark!Best is provided for informational purposes only, and no Q&A Content is intended for trading or investing purposes. Bark!Best shall not be responsible or liable for the accuracy, usefulness or availability of any Q&A Content, and shall not be responsible or liable for any trading or investment decisions based on such information.

Special admonition for Bark!Best relating to health matters

Bark!Best is provided for informational purposes only, and is not a substitute for professional medical advice, examination, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional before starting any new treatment or making any changes to existing treatment. Do not delay seeking or disregard medical advice based on Q&A Content on Bark!Best. No health-related Q&A Content on Bark!Best, including information about herbal therapies and other dietary supplements, is regulated or evaluated by the Food and Drug Administration and therefore the information should not be used to diagnose, treat, cure or prevent any disease without the supervision of a medical doctor or other qualified health professional.

Special admonition for Bark!Best relating to legal matters

Bark!Best is provided for informational purposes only, and is not a substitute for professional legal advice. Always seek the advice of a qualified attorney licensed in the appropriate jurisdiction before taking any course of action that may affect your legal rights.

13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BARK!BEST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BARK!BEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE BARK!BEST SERVICES.

14. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Bark!Best and governs your use of Bark!Best Services, superseding any prior agreements between you and Bark!Best with respect to Bark!Best Services.
Choice of Law and Forum. The TOS and the relationship between you and Bark!Best shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Bark!Best agree to submit to the personal and exclusive jurisdiction of the courts located within Kent County, Delaware.

Intellectual Property of Bark!Best. You acknowledge that Bark!Best is protected by copyright and trade secrets.

Waiver and Severability of Terms. The failure of Bark!Best to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Headings. The headings in these terms of service are for informational purposes and do not limit the scope of the terms.

Acts of God. Extreme circumstances such as an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Bark!Best, shall not be considered to be a breach of this agreement.

These terms of service are adapted from the terms of service of the Open Source Initiative.

Questions concerning these terms of service should be addressed as follows:
By Mail:
Bark!Best Inc
c/o Customer Care- Legal
308 E. Market Street
Suite E
Charlottesville, VA 22902
USA

By email:
hello@barkbest.com

Updated on September 19, 2013.  Links to previous versions will be posted below.

May 22, 2013

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