Babel Bark, Inc.
Terms of Service
These Terms of Service (this “Agreement”) set out the terms on which Babel Bark, Inc. (“BabelBark”, “we” or “us”) will provide access to and use of certain services available on or through BabelBark’s website and/or mobile applications (the “Service”) to you, a user of the Service (“you” or “User). You should read this Agreement carefully. By indicating acceptance of this Agreement or by otherwise using the Service, you are entering into a legally binding agreement with us (and you hereby represent that you are of legal age, and are otherwise fully able and competent, to enter into a binding agreement). If you are using the Service on behalf of an organization, you represent that you have the right to bind such organization to this Agreement, and the terms “User” and “you” will include both you, the individual user, and such organization. If you do not agree to these terms and conditions, you must not use the Service.
THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND BABELBARK. PLEASE READ THIS AGREEMENT CAREFULLY.
Children. The Service is not directed to users under the age of 13. The Service does not knowingly collect personal information from children under the age of 13. If you are under the age of 13, you are not permitted to register as a User or to send personal information to BABELBARK.
You also hereby grant and agree to grant each other User a worldwide, non-exclusive, perpetual, royalty-free license to access and use Your Content which (a) you transmit or otherwise make available to such User via the Service or (b) you post within any public forum or similar area of the Service that is available to Users generally, in each case solely for such User’s own personal purposes (or if such User is an organization, solely for such User’s own internal business purposes (excluding, for clarity, any right to distribute or otherwise commercialize Your Content per se)), in accordance with the terms and conditions herein.
You agree that we are not responsible for any use or disclosure of Your Content by other Users or any third party who gains access to it through the Service (which may include unintended activities by third parties, such as by hackers).
You represent and warrant that you own all proprietary rights in Your Content or, with respect to any of Your Content you do not own, that you have the full authority and right to create, upload, store and/or transmit Your Content, and to grant the licenses and rights you have granted in this Agreement, and that your creation, uploading, storage and/or transmission of Your Content, and the exercise by us and other Users of the licenses and rights granted by you, shall not infringe any third party intellectual property or proprietary rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous, vulgar, profane or obscene, nor violate any law or other right, privilege or interest of any third party.
On termination of your account, or this Agreement, we have no obligation to return any User Content to you, so you should retain copies of all of Your Content.
The marks BabelBark and any associated logos, are our registered or unregistered trademarks or service marks. You may not use them, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Service may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Our Property solely to the extent necessary for you to use the Service for your own personal purposes (or if you are an organization, for your own internal business purposes), as permitted by this Agreement. We reserve all other rights. For clarity and without limiting other obligations herein, Users shall not distribute or otherwise commercialize Our Property.
Subject to the terms and conditions herein, you are permitted to use the Service solely for your own personal purposes (or if you are an organization, solely for your own internal business purposes).
You must not (a) create, upload, transmit or otherwise make available Your Content if you do not have the right to do so; (b) create, upload, transmit or otherwise make available Your Content or use the Service in any way that would violate any law or the rights of any person; (c) impersonate any person or entity, or forge or manipulate headers to disguise the origin of any of Your Content; (d) except as otherwise expressly permitted by this Agreement, harvest or otherwise collect information about others from the Service; (e) take any action that imposes or may impose an unreasonable or disproportionately large load on the Service or its infrastructure, or bypass any measures we may use to prevent or restrict access to any portion of the Service (or other accounts, networks or services connected thereto); (f) use manual or automated software, devices, or other processes to “crawl”, “scrape” or “spider” any of the Service or otherwise to copy, obtain, propagate, distribute or misappropriate any data, information or other content from the Service, including any of Our Property; (g) distribute or otherwise make available any data, information or other content obtained through the Service to any third party, except as expressly permitted herein; (h) otherwise interfere in any manner with the use or operation of the Service; or (i) use the Service in the development, directly or indirectly, of any product, software, service, program or database that offers any functionality or information substantially similar to, or is competitive with, the Service, in whole or part.
Your Content must not: (i) be libelous, vulgar, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or encourage a criminal offense; (ii) contain material from other copyrighted works without the written consent of the owner of such copyrighted material; (iii) infringe any copyright or violate any property rights, rights of privacy or publicity, or any other rights of any third party; (iv) contain any software viruses, malware, spyware or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or (v) except as otherwise expressly permitted by us in writing, contain any advertising, promotional, solicitation or other commercial material.
We reserve the right (but are under no obligation) to investigate any claim that User Content or use of the Service does not conform to the terms and conditions of this Agreement, and to remove User Content from the Service or terminate your account for breach of this Agreement.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE PRIOR YEAR (OR, IF YOU ARE A NON-FEE PAYING USER, TO THE AMOUNT OF $10).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Without limitation of the foregoing, if we receive a subpoena or similar requirement to disclose Your Content issued by any court or governmental authority, and we are not a party to the proceeding in question, you will reimburse us for our reasonable costs and expenses of complying with such subpoena, including time spent by our personnel and our attorneys at time and materials rates.
Attention: Roy Stein
125 Greenwood Street
Newton, MA 02459
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If material that you have posted to the Service has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (i) a physical or electronic signature of the subscriber; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which BABELBARK may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
It is our policy to terminate in appropriate circumstances the accounts of Users that are repeat infringers or repeatedly violate these Terms of Service.
If your account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Service, (c) that the license and rights provided by us under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of Your Content, and (e) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of the Service or for termination of access to your account.
Sections 5, 7-10, and 13-20, any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination or expiration of this Agreement.
Version: February 18, 2016
Babel Bark, Inc.
Irrespective of which country you reside in or supply information from, you authorize BabelBark to use your information in the United States and any other country where BabelBark operates.
If you have any questions or comments about this Policy, please contact us at firstname.lastname@example.org.
What personal information does BabelBark collect?
The information we gather from users enables us to personalize and improve our Services, and allows our users to set up a user account and profile that can be used to personalize their experience. We collect the following types of information from our users:
Personal information you provide to us: We receive and store any information you enter on our App or provide to us in any other way, including, without limitation, through use of any of our products (the “Products”). The types of personal information (“Personal Information”) collected in this fashion may include, but is not necessarily limited to, your (and your pet’s) name and/or location, your email address, IP address, browser and/or device information, username, password, your dog’s activity data, your dog’s activity goals, your dog’s birth and/or adoption date, any content you post to your profile or through the Services, and any other information necessary for us to provide our Services. You can choose not to provide us with certain information, but then you may not be able to take advantage of certain of our features. The Personal Information you provide is used for such purposes as answering questions, improving the content and community experience of the Services, customizing the advertising and content you and other users and prospective users see, and communicating with you about BabelBark’s products and services, including specials and new features. We may also use Personal Information for the internal operational, product development, and administrative purposes of the Service. Your Personal Information may be supplemented with additional information regarding your activities on the Service; to the extent that such information is linked specifically to you, we will treat that additional information as your Personal Information.
Personal information collected automatically:
Log Data: We and/or our third-party service providers record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Services. We, and our third party service providers, may use web tracking technologies such as cookies, web beacons, pixel tags and clear GIFs in order to operate the Services efficiently and to collect Log Data. We do not correlate Log Data to individual user Personal Information, except for internal operational, product development, and administrative purposes of the Service. You may be able to modify your browser settings to alter which web tracking technologies are permitted when you use the Services, but this may affect the performance of the Services.
We use Log Data to provide our Services and to understand how well our Services are working, to store your user preferences, and to develop statistical information on usage of the Services. This allows us to determine which features and content users like best to help us improve our Service, to personalize your user experience, and to measure overall effectiveness. We may disclose Log Data to contractors, in order to analyze the performance of the Services and the behavior of our users, and to operate and improve the Services.
Aggregate Data: We will also create statistical, aggregated data (“Aggregate Data”) relating to our users and the Services for analytical purposes. Aggregate Data is derived from Personal Information, User Data, and Log Data but in its aggregated form it does not duplicate or reveal any Personal Information or relate to or identify any individual.
This data is used to understand our customer base and to develop, improve and market our services, and may be disclosed to third parties such as potential users, business partners, and funding sources, in order to illustrate our platform and operations.
Network Operators: Your use of the Services may involve third party telecommunications carriers. Such carriers are not our contractors, and any information that a carrier collects in connection with your use of the Services is not “Personal Information” and is not subject to this Policy. We are not responsible for the acts or omissions of telecommunications carriers.
Will BabelBark share any of the Personal Information it receives?
Personal Information about our customers is an integral part of our business. We neither rent nor sell your Personal Information to anyone. We share your Personal Information only as described below.
Advertisers: We allow advertisers to choose the demographic information of users who will see their advertisements and you agree that we may use any of the information we have collected from you (including, without limitation, information you may have decided not to show to other users) to select or allow the advertiser to select the appropriate audience for those advertisements. For example, we may allow an advertiser to target an ad to you based on your query history. We may deliver a file to you through the Services (known as a “web beacon”) from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.
Third Party Associated businesses we do not control: We anticipate that we may become associated with a variety of third party businesses and work closely with them. In certain situations, these businesses may sell items to you through our Services. In other situations, BabelBark may provide services, or sell products jointly with associated businesses. You can recognize when an associated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that associated business.
Third Party Agents: We employ other third party companies and people to perform tasks on our behalf and need to share your information with them to provide products or services (including the Product and Services) to you and to otherwise enhance the user or prospective user experience. Unless we tell you differently, BabelBark’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.
User profiles and submissions: Certain user profile information and data about your use of the Services, including without limitation, your name, your dog’s name (and breed, gender, and other information you have provided), activity goals, other users with whom you’re connected, your location, and any video or image or other data and content that has been uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our Services. Some such data and information (including without limitation, your first name, your dog’s name and profile information, activity goals, “friends” and their dogs, activity comparisons with your friends, and uploaded posts and content) may be displayed publicly to other users of the Services by default; your account privacy settings allow you to control whether your account appears publicly in searches by other users. Please remember that any content you upload to your public user profile, or do not specify as non-public through the functionality of the Services, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (in social media posts, on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your user name and any other information you choose to include may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments. Additionally, if you sign into the Services through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Services, and such “friends,” if they are also registered users of the Services, may be able to access certain non-public information you have entered in your user profile. Again, we do not control the policies and practices of any other third party site or service.
Business transfers: In the event that BabelBark is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. This Policy will apply to your information as transferred to the new entity.
Protection of BabelBark and others: We may release Personal Information when we believe in good faith that such release is necessary to comply with the law; enforce or apply our Terms of Service available at www.babelbark.com/terms and other agreements; or protect the rights, property, or safety of BabelBark, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With your consent: Except as set forth above, you will be notified via email when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
Is Personal Information about me secure?
We use reasonable security precautions to protect the security and integrity of your Personal Information in accordance with this Policy and applicable law. However, no Internet transmission is completely secure, and we cannot guarantee that security breaches will not occur. Without limitation of the foregoing, we are not responsible for the actions of hackers and other unauthorized third parties that breach our reasonable security procedures.
The Services may contain links to other websites as services. We are not responsible for the privacy practices or the content of those websites. Users should be aware of this when they leave our Services and review the privacy statements of each third party website. This Policy applies solely to information collected by the Services.
What Personal Information can I access?
BabelBark allows you to access the following information about you for the purpose of viewing, and in certain situations, updating or deleting that information. This list will change as the Services changes.
If you have any questions about viewing or updating information we have on file about you, please contact us at email@example.com. Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Babel Bark, Inc., 125 Greenwood Street, Newton, MA 02459..
What choices do I have?
Children: Our Services are not directed to persons under 13 years of age, and we do not knowingly collect or maintain personally identifiable information from persons under 13 years of age. If you become aware that your child has provided us with personal information without your consent please contact us at firstname.lastname@example.org. If we become aware that a child under 13 years of age has provided us with personal information, we will take steps to remove such information and terminate the child’s account.
Last Updated: March 26, 2016