Bardsy USER AGREEMENT
Introduction
Welcome to the Bardsy platform, which is owned and operated by Bardsy, Inc. (“Bardsy” “we” or “us”), with a social mission of creating community and understanding through storytelling. Because Bardsy is dedicated to maintaining a safe, supportive place for storytellers and story lovers, we follow some basic rules. By accessing or using our services, you agree to be bound by our Terms. These terms of service (which include our Content Policy and our Privacy Policy) (collectively, the “Terms”) are a contract between you and Bardsy. By using Bardsy.com (the “Site”), creating your Bardsy account and using the Site or any future mobile applications to post various content to the Bardsy community, including stories you create, comments and messages, or to access and view Bardsy content or other user content (together with the Site, the “Services”), you are agreeing to these Terms. If you do not agree to these Terms, you may not access or use our Services. These Terms are effective as of November 16, 2018 (the “Effective Date”).
Additionally, please read the Bardsy Privacy Policy, as it explains how we collect, use, and share information about you when you access or use our Services.
1. Need an Account
You can only access and use a small portion of our Site and Services without registering for an account. To get the most out of the Bardsy platform, you’ll need to register an account, choose an account name, and set a password. You are responsible for all the activity on your account, and for keeping your password confidential. If you share your account information with anyone, that other person may be able to take control of the account, and we may not be able to determine who the proper account holder is. We are not liable to you (or anyone you share your account information with) as a result of your actions under the circumstances described herein. If you find out someone has used your account without your permission, you should report it at info@bardsy.com.
2. Your Rights and Responsibilities
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
Bardsy grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant Bardsy the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Bardsy and to profit from such uses of Your Content. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
In your use of the Services you may enter into additional terms and conditions and other agreements that alter or override these Terms, such as when you enter a contest or enroll in a special program like our Bardsy Ambassadors. In case of any conflict or inconsistency, the terms and conditions of those additional terms and agreements would override these Terms as it relates to the contest or special program.
You are responsible for the content you post. This means you assume all risks related to its publication and display, including someone else’s reliance on its accuracy and any claims relating to intellectual property or other legal rights.
Before posting any content to Bardsy, it is important that you read our Content Policy. Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violation of these Terms, violation of our Content Policy, or if you otherwise create liability for us.
3. Things You Can Not Do
When accessing or using the Services, you must respect others and their rights, including by following these Terms and the Content Policy, so that we all may continue to use and enjoy the Services. We support the responsible reporting of security vulnerabilities. To report a security issue, please send an email to info@bardsy.com.
When accessing or using our Services, you will not:
a. Create or submit Content that violates our Content Policy or attempt to circumvent any content-filtering techniques we use;
b. Use the Services to violate applicable law or infringe any person or entity's intellectual property or any other proprietary rights;
c. Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);
d. Upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
e. Use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services, except as permitted by these Terms or in a separate agreement with Bardsy;
f. Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
g. Intentionally negate any user's actions to delete or edit their Content on the Services; or h. Access, query, or search the Services with any automated system, other than through our published interfaces and pursuant to their applicable terms. However, we conditionally grant you permission to crawl the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials subject to the parameters set forth in our robots.txt file.
i. Alter, stretch, condense, embellish, or otherwise change our logo, Content, software code or other user’s Content in any way without our or such other user’s prior written consent.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
a. license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
b. copy, modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
c. access the Services or Content to build a similar or competitive website, product, or service, except as permitted under United States Copyright Laws.
4. Our Rights and Responsibilities
Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, product names, company names, copyrights and copyrightable materials, trademarks, trade dress, service marks and other Site content (collectively referred to herein as the "Site Content") are the exclusive property of Bardsy or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You are granted permission to display, copy, distribute, and download Site Content solely for personal, non-commercial use provided that you make no modifications to the Site Content and that all copyright and other proprietary notices contained in the Site Content are retained. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes. Use of Site Content not specifically permitted under these Terms is strictly prohibited.
Nothing in these Terms grants, transfers or conveys, nor may be construed or operate as a grant, transfer or conveyance to you or any other person of any right, title or interest in or to any Site Content or Bardsy intellectual property, including but not limited to any trademark, trade name, service mark or other proprietary identifying symbols used by us from time to time on or in connection with the Site, or any feature or functionality thereof.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
Bardsy may change, terminate, or restrict access to any aspect of the Services, at any time, without notice. We can remove any content you post or submit for any reason. Bardsy may access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Services, Site users and the public.
5. Copyright, The DMCA and Takedowns
Bardsy respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing materials from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers.
If you believe that anything on our Services infringes a copyright that you own or control, you may notify Bardsy’s Designated Agent by filling out our DMCA Report Form or by contacting: celeste@Bardsy.com
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Bardsy for certain costs and damages.
If we remove Your Content in response to a copyright or trademark notice, we will notify you via Bardsy’s private messaging system or via email to the email address on record with our Service. If you believe Your Content was wrongly removed due to a mistake or misidentification, you can send a counter notification to our Copyright Agent (contact information provided above). Please see 17 U.S.C. §512(g)(3) for the requirements of a proper counter notification.
We sometimes come across websites that have illegally scraped content from Bardsy. When we find these sites we do our best to have them shutdown. To act on behalf of our users we need to have your legal permission to do that so we ask for it here when you sign up. You authorize us to act as your agent to issue take down notices under the DMCA and/or any other similar legislation that allows for the submission of requests to Internet service providers and any other person involved in the illegal posting for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or services.
6. Premium Service, Virtual Goods and Payment Information
A subscription fee may apply to the use of our Services.
Bardsy may change the fees or benefits associated with the subscription features from time to time with reasonable advance notice; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the subscription features.
You may submit your debit card, credit card, or other payment information ("Payment Information") via our Services to purchase subscriptions or other paid products or services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees. Bardsy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.
7. Site Operations
Our Services are provided from our offices in the United States, presently located in Calabasas, CA and hosted on the web by Digital Ocean, LLC. In addition, our third-party service providers may process or store your personal information on servers outside your country.
Bardsy makes no representations that the use or the content of the Site is appropriate or lawful in territories or jurisdictions outside of the United States or that any products are available outside of the United States. Use or access of this Site from countries or territories where the use of the Site or any of its content is illegal, unlawful, or violative of obscenity, privacy or other laws is strictly prohibited. Those who choose to access this Site from other countries or territories do so at their own risk and such users are solely responsible for compliance with applicable local laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) for users from the European Economic Area.
8. Indemnity
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third party service providers and our officers, employees, licensors, and agents (the “Bardsy Entities”) harmless, including costs and attorneys’ fees, from and against any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
9. Disclaimers
No warranty. Your use of our Services and any content is solely at your own risk and discretion. They are provided to you “as is” and “as available”. That means they do not come with any warranty of any kind, express or implied. Bardsy specifically disclaims any implied warranty of merchantability, merchantable quality, fitness for a particular purpose, availability, title or non-infringement, and any warranties implied by any course of dealing or performance.
10. Limitation of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE Bardsy ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE Bardsy ENTITIES EXCEED THE AMOUNT YOU PAID Bardsy IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE Bardsy ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11. Links To Other Websites And Services
To the extent this Site contains links to outside services and resources, any concerns regarding such service or resource, or any link included on this Site, should be directed to the particular outside service or resource. Bardsy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website or service.
You acknowledge and agree that we are not responsible or liable for (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
12. Governing Law and Venue
We want you to enjoy Bardsy. If you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at info@bardsy.com.
Except for the government entities listed below: any claims arising out of or relating to these Terms or the Services will be governed by the laws of California, without reference to conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Los Angeles, California; and you consent to personal jurisdiction in these courts.
13. Government Entities
If you are a U.S. city, county, or state government entity, then this Section 13 does not apply to you.
If you are a U.S. federal government entity: any claims arising out of or relating to these Terms or the Services will be governed by the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of California (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Los Angeles, California.
14. Time Limitation On Claims
You agree that any claim you may have arising out of or related to your relationship with Bardsy, the Site or Services must be filed within one (1) year after such claim arose; otherwise, your claim shall be deemed permanently barred.
15. Changes to Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
16. Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms before using a specific product or service offered by Bardsy (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service.
If you use Bardsy premium features or enter Bardsy writing contests, you must also agree to our Terms for Bardsy Premium Features or Current Contest Terms and Conditions, respectively.
17. Termination
You may delete your Account and discontinue your use of all Services. If you stop using the Services without deactivating your Accounts, your Accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your Accounts, status as a moderator, or ability to access or use the Services at any time for any or no reason, including for a violation of these Terms or our Content Policy.
The following sections will survive any termination of these Terms or of your Accounts: 2 (Your Rights and Responsibilities), 3 (Things You Cannot Do), 8 (Indemnity), 9 (Disclaimers), 10 (Limitation of Liability), 12 (Governing Law and Venue), 14 (Time Limitation on Claims), 17 (Termination), and 18 (Miscellaneous).
18. Miscellaneous
a. These Terms constitute the entire agreement between you and us regarding your access to and use of the Services and shall not be modified except by Bardsy in accordance with these Terms.
b. No employee, agent or other representative of Bardsy has any authority to bind Bardsy with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
c. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
d. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect.
e. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.
f. No agency, partnership, joint venture, or employee-employer relationship between Bardsy and you or any other person is intended or created by these Terms.
g. All references in these Terms of Use to Sections and other subdivisions refer to the Sections and other subdivisions of these Terms unless expressly provided otherwise. The word “including” shall not be restrictive. The word “or” has the inclusive meaning represented by the phrase “and/or.” The words “this Agreement,” “herein,” “hereof,” “hereby,” “hereunder” and words of similar import refer to these Terms as a whole and not to any particular subdivision unless expressly so limited. All headings and captions in these Terms are for convenience of reference only and are not intended to and shall not define or limit the scope or intent of any provision of these Terms.
Welcome to the Bardsy platform, which is owned and operated by Bardsy, Inc. (“Bardsy” “we” or “us”), with a social mission of creating community and understanding through storytelling. Because Bardsy is dedicated to maintaining a safe, supportive place for storytellers and story lovers, we follow some basic rules. By accessing or using our services, you agree to be bound by our Terms. These terms of service (which include our Content Policy and our Privacy Policy) (collectively, the “Terms”) are a contract between you and Bardsy. By using Bardsy.com (the “Site”), creating your Bardsy account and using the Site or any future mobile applications to post various content to the Bardsy community, including stories you create, comments and messages, or to access and view Bardsy content or other user content (together with the Site, the “Services”), you are agreeing to these Terms. If you do not agree to these Terms, you may not access or use our Services. These Terms are effective as of November 16, 2018 (the “Effective Date”).
Additionally, please read the Bardsy Privacy Policy, as it explains how we collect, use, and share information about you when you access or use our Services.
1. Need an Account
You can only access and use a small portion of our Site and Services without registering for an account. To get the most out of the Bardsy platform, you’ll need to register an account, choose an account name, and set a password. You are responsible for all the activity on your account, and for keeping your password confidential. If you share your account information with anyone, that other person may be able to take control of the account, and we may not be able to determine who the proper account holder is. We are not liable to you (or anyone you share your account information with) as a result of your actions under the circumstances described herein. If you find out someone has used your account without your permission, you should report it at info@bardsy.com.
2. Your Rights and Responsibilities
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
Bardsy grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant Bardsy the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Bardsy and to profit from such uses of Your Content. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
In your use of the Services you may enter into additional terms and conditions and other agreements that alter or override these Terms, such as when you enter a contest or enroll in a special program like our Bardsy Ambassadors. In case of any conflict or inconsistency, the terms and conditions of those additional terms and agreements would override these Terms as it relates to the contest or special program.
You are responsible for the content you post. This means you assume all risks related to its publication and display, including someone else’s reliance on its accuracy and any claims relating to intellectual property or other legal rights.
Before posting any content to Bardsy, it is important that you read our Content Policy. Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violation of these Terms, violation of our Content Policy, or if you otherwise create liability for us.
3. Things You Can Not Do
When accessing or using the Services, you must respect others and their rights, including by following these Terms and the Content Policy, so that we all may continue to use and enjoy the Services. We support the responsible reporting of security vulnerabilities. To report a security issue, please send an email to info@bardsy.com.
When accessing or using our Services, you will not:
a. Create or submit Content that violates our Content Policy or attempt to circumvent any content-filtering techniques we use;
b. Use the Services to violate applicable law or infringe any person or entity's intellectual property or any other proprietary rights;
c. Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);
d. Upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
e. Use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services, except as permitted by these Terms or in a separate agreement with Bardsy;
f. Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
g. Intentionally negate any user's actions to delete or edit their Content on the Services; or h. Access, query, or search the Services with any automated system, other than through our published interfaces and pursuant to their applicable terms. However, we conditionally grant you permission to crawl the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials subject to the parameters set forth in our robots.txt file.
i. Alter, stretch, condense, embellish, or otherwise change our logo, Content, software code or other user’s Content in any way without our or such other user’s prior written consent.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
a. license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
b. copy, modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
c. access the Services or Content to build a similar or competitive website, product, or service, except as permitted under United States Copyright Laws.
4. Our Rights and Responsibilities
Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, product names, company names, copyrights and copyrightable materials, trademarks, trade dress, service marks and other Site content (collectively referred to herein as the "Site Content") are the exclusive property of Bardsy or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You are granted permission to display, copy, distribute, and download Site Content solely for personal, non-commercial use provided that you make no modifications to the Site Content and that all copyright and other proprietary notices contained in the Site Content are retained. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes. Use of Site Content not specifically permitted under these Terms is strictly prohibited.
Nothing in these Terms grants, transfers or conveys, nor may be construed or operate as a grant, transfer or conveyance to you or any other person of any right, title or interest in or to any Site Content or Bardsy intellectual property, including but not limited to any trademark, trade name, service mark or other proprietary identifying symbols used by us from time to time on or in connection with the Site, or any feature or functionality thereof.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
Bardsy may change, terminate, or restrict access to any aspect of the Services, at any time, without notice. We can remove any content you post or submit for any reason. Bardsy may access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Services, Site users and the public.
5. Copyright, The DMCA and Takedowns
Bardsy respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing materials from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers.
If you believe that anything on our Services infringes a copyright that you own or control, you may notify Bardsy’s Designated Agent by filling out our DMCA Report Form or by contacting: celeste@Bardsy.com
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Bardsy for certain costs and damages.
If we remove Your Content in response to a copyright or trademark notice, we will notify you via Bardsy’s private messaging system or via email to the email address on record with our Service. If you believe Your Content was wrongly removed due to a mistake or misidentification, you can send a counter notification to our Copyright Agent (contact information provided above). Please see 17 U.S.C. §512(g)(3) for the requirements of a proper counter notification.
We sometimes come across websites that have illegally scraped content from Bardsy. When we find these sites we do our best to have them shutdown. To act on behalf of our users we need to have your legal permission to do that so we ask for it here when you sign up. You authorize us to act as your agent to issue take down notices under the DMCA and/or any other similar legislation that allows for the submission of requests to Internet service providers and any other person involved in the illegal posting for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or services.
6. Premium Service, Virtual Goods and Payment Information
A subscription fee may apply to the use of our Services.
Bardsy may change the fees or benefits associated with the subscription features from time to time with reasonable advance notice; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the subscription features.
You may submit your debit card, credit card, or other payment information ("Payment Information") via our Services to purchase subscriptions or other paid products or services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees. Bardsy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.
7. Site Operations
Our Services are provided from our offices in the United States, presently located in Calabasas, CA and hosted on the web by Digital Ocean, LLC. In addition, our third-party service providers may process or store your personal information on servers outside your country.
Bardsy makes no representations that the use or the content of the Site is appropriate or lawful in territories or jurisdictions outside of the United States or that any products are available outside of the United States. Use or access of this Site from countries or territories where the use of the Site or any of its content is illegal, unlawful, or violative of obscenity, privacy or other laws is strictly prohibited. Those who choose to access this Site from other countries or territories do so at their own risk and such users are solely responsible for compliance with applicable local laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) for users from the European Economic Area.
8. Indemnity
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third party service providers and our officers, employees, licensors, and agents (the “Bardsy Entities”) harmless, including costs and attorneys’ fees, from and against any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
9. Disclaimers
No warranty. Your use of our Services and any content is solely at your own risk and discretion. They are provided to you “as is” and “as available”. That means they do not come with any warranty of any kind, express or implied. Bardsy specifically disclaims any implied warranty of merchantability, merchantable quality, fitness for a particular purpose, availability, title or non-infringement, and any warranties implied by any course of dealing or performance.
10. Limitation of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE Bardsy ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE Bardsy ENTITIES EXCEED THE AMOUNT YOU PAID Bardsy IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE Bardsy ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11. Links To Other Websites And Services
To the extent this Site contains links to outside services and resources, any concerns regarding such service or resource, or any link included on this Site, should be directed to the particular outside service or resource. Bardsy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website or service.
You acknowledge and agree that we are not responsible or liable for (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
12. Governing Law and Venue
We want you to enjoy Bardsy. If you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at info@bardsy.com.
Except for the government entities listed below: any claims arising out of or relating to these Terms or the Services will be governed by the laws of California, without reference to conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Los Angeles, California; and you consent to personal jurisdiction in these courts.
13. Government Entities
If you are a U.S. city, county, or state government entity, then this Section 13 does not apply to you.
If you are a U.S. federal government entity: any claims arising out of or relating to these Terms or the Services will be governed by the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of California (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Los Angeles, California.
14. Time Limitation On Claims
You agree that any claim you may have arising out of or related to your relationship with Bardsy, the Site or Services must be filed within one (1) year after such claim arose; otherwise, your claim shall be deemed permanently barred.
15. Changes to Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
16. Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms before using a specific product or service offered by Bardsy (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service.
If you use Bardsy premium features or enter Bardsy writing contests, you must also agree to our Terms for Bardsy Premium Features or Current Contest Terms and Conditions, respectively.
17. Termination
You may delete your Account and discontinue your use of all Services. If you stop using the Services without deactivating your Accounts, your Accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your Accounts, status as a moderator, or ability to access or use the Services at any time for any or no reason, including for a violation of these Terms or our Content Policy.
The following sections will survive any termination of these Terms or of your Accounts: 2 (Your Rights and Responsibilities), 3 (Things You Cannot Do), 8 (Indemnity), 9 (Disclaimers), 10 (Limitation of Liability), 12 (Governing Law and Venue), 14 (Time Limitation on Claims), 17 (Termination), and 18 (Miscellaneous).
18. Miscellaneous
a. These Terms constitute the entire agreement between you and us regarding your access to and use of the Services and shall not be modified except by Bardsy in accordance with these Terms.
b. No employee, agent or other representative of Bardsy has any authority to bind Bardsy with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
c. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
d. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect.
e. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.
f. No agency, partnership, joint venture, or employee-employer relationship between Bardsy and you or any other person is intended or created by these Terms.
g. All references in these Terms of Use to Sections and other subdivisions refer to the Sections and other subdivisions of these Terms unless expressly provided otherwise. The word “including” shall not be restrictive. The word “or” has the inclusive meaning represented by the phrase “and/or.” The words “this Agreement,” “herein,” “hereof,” “hereby,” “hereunder” and words of similar import refer to these Terms as a whole and not to any particular subdivision unless expressly so limited. All headings and captions in these Terms are for convenience of reference only and are not intended to and shall not define or limit the scope or intent of any provision of these Terms.