- Eligibility.The YARDBARKER WEBSITE is not FOR persons under the age of 13. If you are under 13 years of age, then please do not use the Yardbarker Website. Talk to your parents about what sites are appropriate for you.
- Account Information. If you sign up for an account, you also agree to: (a) provide true, accurate, current and complete information about yourself ("Account Data") as prompted by the Website and (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Yarbarker has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yardbarker has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
- Term. These Terms of Service will remain in full force and effect while you use the Website, unless otherwise terminated as provided herein.
- Website Access.
- Non Commercial Use by Members.The Website is for the personal use of individual Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Yardbarker. Organizations, companies, and/or businesses may not become Users and should not use the Website for any purpose. Passwords and compiled names, photos, links, and Website content are not to be transferred or copied from the Website for use with any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc., that accesses the Website in a manner that sends more request messages to the Yardbarker servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Yardbarker grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Yardbarker reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website with respect to their User Submissions, as defined below.
- User Account, Password and Security. You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Yardbarker of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Yardbarker cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may never use another User's account without permission.
- Proprietary Rights in Content on Yardbarker. Yardbarker owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Yardbarker, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Availability of Website and Services. Yardbarker may make changes to or discontinue any media, contests, web communities, products, or services available within the Website at any time, and without notice. The media, products, or services on the Website may be out of date, and Yardbarker makes no commitment to update these materials.
- Content Posted on the Site.
- The Yardbarker Website may now or in the future permit the submission of print, audio, photo, messages, profiles, video or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Yardbarker does not guarantee any confidentiality with respect to any submissions.
- You shall be solely responsible for your own User Submissions and the consequences of Posting, as defined herein, or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Yardbarker to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable the inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Yardbarker, you hereby grant Yardbarker a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Yardbarker's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
- You are solely responsible for all of your User Submissions that you publish or display ("Post") on the Website, or transmit to other Users.
- Yardbarker does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Yardbarker expressly disclaims any and all liability in connection with User Submissions. Yardbarker does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Yardbarker will remove all User Submissions if properly notified that such User Submissions infringe on another's intellectual property rights. Yardbarker reserves the right to remove any and all User Submissions without prior notice. Yardbarker will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submissions removed from the Website more than twice. Yardbarker also reserves the right to decide whether User Submissions are appropriate and to comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. You understand and agree that Yardbarker may review and delete any User Submissions that in the sole judgment of Yardbarker violate these Terms of Service or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
- The following is a partial list of the kind of User Submission that is illegal or prohibited on the Website. Yardbarker reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the account of such violators. It includes content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable against any group or individual;
- harasses or advocates harassment of another person;
- promotes information that you know is false, misleading or promotes illegal activities;
- impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
- is uploaded, Posted, emailed, transmitted or otherwise made available and that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- is uploaded, Posted, emailed, transmitted or otherwise made available and that constitutes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- engages in any automated use of the system, such as using scripts to add contacts or rate content;
- interferes with, disrupts, or creates an undue burden on the Website or any services and networks connected to the Website;
- You must use the Website in a manner consistent with any and all applicable laws and regulations.
- Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
- You may not include in your User profile any telephone numbers, street addresses, last names, URLs or email addresses.
- Copyright Policy. As described in Section 7, you may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and Posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest (ii) a description of the copyrighted work that you claim has been infringed (iii) a description of where the material that you claim is infringing is located on the Website (iv) your address, telephone number, and email address (v) a written 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 and (vi) 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. Yardbarker's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Yardbarker, 625 2nd Street, 4th Floor, San Francisco, CA 94107 or by email at email@example.com
- Yardbarker. You agree that Yardbarker, in its sole discretion and for any or no reason, may terminate any User, User account (or any part thereof) or use of the Website, and remove and discard all or any part of your account or any User Submission, at any time. Yardbarker may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account you may have or portion thereof may be affected without prior notice, and you agree that Yardbarker shall not be liable to you or any third-party for any such termination. Yardbarker does not permit infringing activities on the Website, and reserves the right to terminate access to the Website, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Yardbarker may have at law or in equity.
- User. You may terminate your account at any time, for any reason by following the instructions on the Website.
- User Disputes. You are solely responsible for your interactions with other Yardbarker Users. Yardbarker reserves the right, but has no obligation, to monitor disputes between you and other Users.
- General Practices Regarding Use and Storage. You acknowledge that Yardbarker may establish general practices and limits concerning use of the Website, including without limitation, the maximum number of days that email messages, message board postings or other User Submissions will be retained by the Website, the maximum number of email messages that may be sent from or received by an account on the Website, the maximum size of any email message that may be sent from or received by an account on the Website, the maximum disk space that will be allotted on Yardbarker's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time. You agree that Yardbarker has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Submissions maintained or transmitted by the Website. You acknowledge that Yardbarker reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Yardbarker reserves the right to modify from time to time these general practices and limits without notifying the User.
- Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Yardbarker shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- Links and Third Party Content.Yardbarker or third parties may provide links on the Website to other sites or content ("Reference Sites"). Yardbarker has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Reference Sites or content linked to by the Website. Yardbarker provides links to you only as a convenience, and the inclusion of any link on the Website does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
- Warranty Disclaimer. You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Yardbarker, its officers, directors, employees and agents disclaim all warranties, express or implied in connection with the Website and your use thereof. Yardbarker is not responsible for any incorrect or inaccurate content or User Submissions Posted on or in connection with the Website, whether caused by Users of the Website, Users or by any of the equipment or programming associated with or utilized by the Website. Yardbarker is not responsible for the conduct, whether online or offline, of any User of the Website. Yardbarker assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Yardbarker is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website. Under no circumstances will Yardbarker be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website, any content or User Submission Posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The Website is provided "AS-IS" and Yardbarker expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Yardbarker cannot guarantee and does not promise any specific results from use of the Website. The Website may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by a User from Yardbarker or through or from the Website shall create any warranty not expressly stated herein.
- Limitation on Liability. In no event shall Yardbarker its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein (iv) any interruption or cessation of transmission to or from our website (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content Posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty contract, tort, or any other legal theory and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Yardbarker shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Website is controlled and offered by Yardbarker from its facilities in the United States of America. Yardbarker makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.
- Disputes. If there is any dispute about, involving, or arising from the use of the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Sunnyvale.
- Indemnity. You agree to indemnify and hold Yardbarker, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of and/or arising from a breach of these Terms of Service and/or any breach of your representations and warranties set forth above. If you are a California resident, you waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
- Notice. Except as explicitly stated otherwise, legal notices shall be served on Yardbarker's national registered agent or to the email address you provide to Yardbarker during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Yardbarker may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.
- No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Yardbarker and any User of the Website.
- Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Yardbarker without restriction.
- Other. These Terms of Service, accepted upon use of the Website and its services, contain the entire agreement between you and Yardbarker regarding the use of the Website. The failure of Yardbarker to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held invalid, the remainder of these Terms of Service shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us at firstname.lastname@example.org with any questions regarding this agreement.
Yardbarker is a service mark of Yardbarker, Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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