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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.
Bardsy CONTENT POLICY
Bardsy is a friendly, supportive community of readers and writers. To maximize enjoyment of our site,
please abide by the following community rules:
- Respect people's work. Comment in a kind, constructive manner. Always start with a positive, and think carefully about your critique's tone. Honest feedback is important, as is couching that feedback in a way that promotes acceptance.
- Respect people's opinions. Stories will always be filtered and interpreted by their audience. Pause before you react defensively to comments on your story. Ask clarifying questions and engage in meaningful dialogue. This process may offer valuable insight into your work.
- Respect people's time and energy. Advertisements, proselytizing and links to other sites are not allowed. Bardsy is an ad-free, spamless haven for its members.
- Report any issue immediately. Call us at (213) 465-0885 or click "SUGGEST" in the footer.
1. Our Code of Conduct
At Bardsy we aim to provide a safe and supportive environment in which community members can write, share and discuss stories. We welcome work that represents a broad range of viewpoints and experiences. By accessing Bardsy.com, you agree to this Content Policy, as it may be amended from time to time.
When engaging with others, we urge you to always be constructive and gentle in discussions of someone else’s efforts, and open-minded and thoughtful about comments concerning your own work. We also ask that you respect and protect fellow members’ sensibilities, property and personal information. Finally, it is important for you to consider how the content you post might impact others that you know and to ask yourself if it is possible you will regret posting certain content in the future.
2. Content Guidelines
To create an inclusive and respectful space, we need to maintain reasonable expectations regarding the types of content members will find on our site, as well as types of content they can or cannot post.
We ask you to be thoughtful about the content you share. “Content” includes, but is not limited to, stories, discussion contributions, and private messages, as well as any form of media, such as images, videos and gifs.
The following content is not appropriate under any circumstances:
a. Content of a gratuitously sexual or violent nature;
b. Content that encourages or incites violence;
c. Content that reveals anyone’s personal and confidential information;
d. Content that impersonates someone in a misleading or deceptive manner;
e. Content that is designed to solicit or facilitate any transaction or gift involving certain goods and services;
f. Content that violates a copyright or any other intellectual property right;
g. Spam;
h. Content that glorifies self-harm of any kind;
i. Content that threatens, harasses or bullies others, or encourages others to bully threaten or harass;
j. Media containing exposed genitalia;
k. Sexual or suggestive content involving minors;
l. Content that encourages sexual roleplay, messaging or solicitation on or off Bardsy;
m. Content that encourages non-consensual sex acts; and
n. Content that encourages illegal sex acts
WE RESERVE THE RIGHT TO REMOVE ANY CONTENT AT ANY TIME FOR ANY REASON WITHOUT NOTICE.
Please report any inappropriate content at support@bardsy.com
Thank you for your cooperation in making Bardsy a safe, supportive and respectful environment. Please also read our Terms of Use and Privacy Policy, which govern your use of the service.
At Bardsy we aim to provide a safe and supportive environment in which community members can write, share and discuss stories. We welcome work that represents a broad range of viewpoints and experiences. By accessing Bardsy.com, you agree to this Content Policy, as it may be amended from time to time.
When engaging with others, we urge you to always be constructive and gentle in discussions of someone else’s efforts, and open-minded and thoughtful about comments concerning your own work. We also ask that you respect and protect fellow members’ sensibilities, property and personal information. Finally, it is important for you to consider how the content you post might impact others that you know and to ask yourself if it is possible you will regret posting certain content in the future.
2. Content Guidelines
To create an inclusive and respectful space, we need to maintain reasonable expectations regarding the types of content members will find on our site, as well as types of content they can or cannot post.
We ask you to be thoughtful about the content you share. “Content” includes, but is not limited to, stories, discussion contributions, and private messages, as well as any form of media, such as images, videos and gifs.
The following content is not appropriate under any circumstances:
a. Content of a gratuitously sexual or violent nature;
b. Content that encourages or incites violence;
c. Content that reveals anyone’s personal and confidential information;
d. Content that impersonates someone in a misleading or deceptive manner;
e. Content that is designed to solicit or facilitate any transaction or gift involving certain goods and services;
f. Content that violates a copyright or any other intellectual property right;
g. Spam;
h. Content that glorifies self-harm of any kind;
i. Content that threatens, harasses or bullies others, or encourages others to bully threaten or harass;
j. Media containing exposed genitalia;
k. Sexual or suggestive content involving minors;
l. Content that encourages sexual roleplay, messaging or solicitation on or off Bardsy;
m. Content that encourages non-consensual sex acts; and
n. Content that encourages illegal sex acts
WE RESERVE THE RIGHT TO REMOVE ANY CONTENT AT ANY TIME FOR ANY REASON WITHOUT NOTICE.
Please report any inappropriate content at support@bardsy.com
Thank you for your cooperation in making Bardsy a safe, supportive and respectful environment. Please also read our Terms of Use and Privacy Policy, which govern your use of the service.
Bardsy PRIVACY POLICY
At Bardsy, Inc. (“Bardsy” “we” or “us”), we are committed to protecting your privacy
and keeping your information safe. This Privacy Policy applies to all of our Services. We hope you
will take the time to look at this Privacy Policy, as you should when you engage with any online
service.
Bardsy processes information about you in a few different ways. This Privacy Policy explains how we collect, use, disclose and keep information that can identify you (“Personal Information”) when you create a Bardsy account and use Bardsy.com (the “Site”), to post content, including stories you create, comments and messages (together with the Site, the “Services”). By accessing and using the Services, you agree to this Privacy Policy, as it may be amended from time to time. This Privacy Policy is updated as of November 16, 2018.
1. What is Personal Information?
"Personal Information" is any information that can identify you. This may include, but is not limited to, account information, Internet Protocol (“IP”) address, credit card information, and other identifying details of a personal nature.
2. What We Collect:
Information You Provide to Us
We collect information you provide to us directly when you use the Services. This includes: a. Account information. To create an account, you must provide a username and password. Your username is public, and it does not have to be related to your real name. You must also provide an email address. We also store your user account preferences and settings.
b. Content you submit. We collect the content you submit to the Services. This includes your written content, including saved drafts, Better Storytelling templates, exercises, brainstorms and reflections, photos, posts and comments, your messages with other users (e.g., private messages, chats), and your reports and other communications with us. Your content may include text, links, images, gifs, and videos.
c. Actions you take. We collect information about the actions you take when using the Services. This includes your interactions with content, like voting, saving, hiding, and reporting . It also includes your interactions with other users, such as following, friending, and blocking. We collect your interactions with communities, like your subscriptions or moderator status.
d. Transactional information. If you purchase products or services from us (e.g., Bardsy publications, Bardsy Premium Services) we will collect certain information from you, including your name, address, email address, and information about the product or service you are purchasing. Payments are processed by third-party payment processors (e.g., Stripe and PayPal), so please refer to the applicable processor’s terms and privacy policy for more information about how payment information is processed and stored.
e. Other information. You may choose to provide other information directly to us. For example, we may collect information when you fill out a form, participate in Bardsy-sponsored activities or promotions, apply for a job, request customer support or otherwise communicate with us.
Information We Collect Automatically
When you access or use our Services, we may also automatically collect information about you. This includes:
a. Log and usage data. We may log information when you access and use the Services. This may include your IP address, user-agent string, browser type, operating system, referral URLs, device information (e.g., device IDs), pages visited, links clicked, the requested URL, hardware settings, and search terms.
b. Information collected from cookies and similar technologies. We may receive information from cookies, which are pieces of data your browser stores and sends back to us when making requests, and similar technologies. We use this information to improve your experience, understand user activity, personalize content and advertisements, and improve the quality of our Services. For example, we may store and retrieve information about your preferred language and other settings.
c. Location information. We may receive and process information about your location, when you choose to share such information on our Services, including by associating your content with a location, or we may derive your approximate location from other information about you, including your IP address.
Information Collected from Other Sources
We may receive information about you from other sources, including from other users and third parties, and combine that information with other information we have about you. For example, we may receive demographic or interest information about you from third parties, including advertisers, and combine it with our own data using a common account identifier such as a hash of an email address or a mobile-device ID.
Linked services. If you authorize or link other services (e.g., third-party apps or websites) to access your Bardsy account, Bardsy receives information about your use of that service when it uses that authorization. Linking services may also cause the other service to send us information about your account with that service. Bardsy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website or service. To learn how information is shared with linked services, see “How do we share your personal information”
3. Why We Use Information About You
We use information about you to:
a. Provide, maintain, and improve the Services;
b. Research and develop new services;
c. Help protect the safety of Bardsy and our users, which includes blocking suspected spammers, addressing abuse, and enforcing the Bardsy Terms of Use, this Privacy Policy, the Content Policy and our other policies;
d. Send you technical notices, updates, security alerts, invoices and other support and administrative messages;
e. Provide customer service;
f. Communicate with you about products, services, offers, promotions, and events, and provide other news and information we think will be of interest to you ;
g. Monitor and analyze trends, usage, and activities in connection with our Services;
h. Personalize the Services and provide content and features that match user profiles or interests.
i. Respond to legal/regulatory inquiries as we believe to be required by applicable laws or regulatory or administrative authorities.
4. What Can Bardsy Members, and Others, See?
When you use the Services, certain information may be shared with other users and the public. For example:
a. When you submit content such as written or photographic content to the Bardsy story library, a discussion, or a public chat, any visitors to and users of our Services will be able to see that content, the username associated with the content, and the date and time you originally submitted the content. When you send private messages, or private chats, the recipients of those messages will be able to see the content of your message, your username, and the date and time the message was sent. Additional users may be invited to join a private chat after you send a message.
b. When other users view your profile, they may be able to see information about your activities on the Services, such as your username, prior posts and comments, trophies, Ambassador status and how long you have been a member of the Services. If you choose to make the information public, your profile may also include your voting history.
c. We offer social sharing features that let you share content or actions you take on our Services with other media. Your use of these features enables the sharing of certain information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these social sharing features (e.g., Tumblr, Facebook, and Twitter). Please note that, even when you delete your account, the posts, comments and messages you submit through the Services may still be viewable or available on our servers. .
5. How Do We Share Your Personal Information?
We do not share, sell, or give away your personal information to third parties unless one of the following circumstances applies:
a. With linked services. If you link your Bardsy account with a third-party service, Bardsy will share the information you authorize with that third-party service.
b. With our partners. We may share information with vendors, consultants, and other service providers (but not with advertisers and ad partners) who need access to such information to carry out work for us. The partner’s use of personal data will be subject to appropriate confidentiality and security measures.
c. To comply with the law. We may share information in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, legal process or governmental request, including, but not limited to, meeting national security or law enforcement requirements. To the extent the law allows it, we will attempt to provide you with prior notice before disclosing your information in response to such a request.
d. In an emergency. We may share information if we believe it's necessary to prevent imminent and serious bodily harm to a person.
e. To enforce our policies and rights. We may share information if we believe your actions are inconsistent with our Terms of Use, this Privacy Policy, the Content Policy, or other Bardsy policies, or to protect the rights, property, and safety of ourselves and others.
f. With our affiliates. We may share information between and among Bardsy, and any of our parents, affiliates, subsidiaries, and other companies under common control and ownership.
g. With your consent. We may share information about you with your consent or at your direction. h. Aggregated or de-identified information. We may share information about you that has been aggregated or anonymized such that it cannot reasonably be used to identify you. For example, we may show the total number of times a post has been upvoted without identifying who the visitors were.
6. Ads and Analytics Partners
We may partner with third-party advertisers, ad networks, and analytics providers to deliver advertising and content targeted to your interests and to better understand your use of the Services. These third parties may collect information sent by your computer, browser, or mobile device in response to a request for content, such as unique identifiers, your IP address, or other information about your computer or device. For example:
Advertisers and Ad Networks
Our ad partners and ad networks may use cookies and related technologies to collect information when ads are delivered to you on our Services, but Bardsy does not link to or provide them with your actual Bardsy account details. This means that Bardsy does not share your individual account browsing habits with advertisers. Bardsy cannot see advertisers’ cookies and advertisers will not see Bardsy cookies.
Analytics Partners
We use analytics partners (such as Google Analytics ) to help analyze usage and traffic for our Services. As an example, we may use analytics partners to analyze and measure, in the aggregate, the number of unique visitors to our Services.
7. Where Do You Store My Information?
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. How does Bardsy protect my Personal Information?
We are continuously implementing and updating physical, organizational, contractual and technological security measures to protect your Personal Information from loss, theft, unauthorized access, disclosure, copying, use or modification. For example, we use HTTPS encryption while information is being transmitted to protect Personal Information submitted on our Site. We also enforce technical and administrative access controls to limit which of our employees have access to non-public personal information.
Accessing and Changing Your Information
You can access and change certain information through the Services. See our Help Center page for more information.
Deleting Your Account
You may delete your account information at any time. When you delete your account, your profile is no longer visible to other users and disassociated from content you posted under that account. Please note, however, that the posts, comments, and messages you submitted prior to deleting your account will still be visible to others unless you first delete the specific content. We may also retain certain information about you as required by law or for legitimate business purposes after you delete your account.
Controlling the Use of Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject first- and third-party cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
Controlling Advertising and Analytics
Some analytics providers we partner with may provide specific opt-out mechanisms and we may provide, as needed and as available, additional tools and third-party services that allow you to better understand cookies and how you can opt-out. For example, you may manage the use and collection of certain information by Google Analytics here.
Do Not Track
Most modern web browsers give you the option to send a Do Not Track signal to the websites you visit, indicating that you do not wish to be tracked. However, there is no accepted standard for how a website should respond to this signal, and we do not take any action in response to this signal. Instead, in addition to publicly available third-party tools, we offer you the choices described in this Privacy Policy to manage the collection and use of information about you.
Controlling Promotional Communications
You may opt out of receiving some or all categories of promotional communications from us by following the instructions in those communications. If you opt out of promotional communications, we may still send you non-promotional communications, such as information about your account or your use of the Services.
Controlling Mobile Notifications
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Controlling Location Information
If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device.
10. Information Security
Data Retention
We store the information we collect for as long as it is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.
International Data Transfers
By using our Services, you understand that we may transfer some of the information we gather to the United States for storage purposes. The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the US, it may be accessed by government authorities in accordance with US law. To the extent that Bardsy is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal basis to transfer your information:
a. You have consented for us to do so for a specific purpose;
b. We need to process the information to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
c. It satisfies a legitimate interest (which is not overridden by your data protection interests), such as preventing fraud, ensuring network and information security, enforcing our rules and policies, protecting our legal rights and interests, research and development, and marketing and promoting the Services;
d. We need to process your information to comply with our legal obligations; and
e. Necessary for the performance of the contract between Bardsy and its Site users. As we operate in countries worldwide (including in the US) and use technical infrastructure in the US to deliver services to you, in accordance with the contract between us, we need to transfer your personal information to the US. We cannot provide you with our services and perform our obligations to you without moving your personal information to the US. By providing us with information, you consent to your information being transferred to and processed in the United States.
Children
Children under the age of 18 are not allowed to create an account, without permission from a verifiable parent or legal guardian. Additionally, if you are in the EEA, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have obtained verifiable consent from your parent or legal guardian.
Changes to This Policy
We may change this Privacy Policy from time to time. If we do, we will let you know by revising the date at the top of the Privacy Policy. If we make a change to this Privacy Policy that, in our sole discretion, is material, we will provide you with additional notice (such as adding a statement to r/announcements, the front page of the Services or sending you a notification). We encourage you to review the Privacy Policy whenever you access or use our Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy. By continuing to use our Services after Privacy Policy changes go into effect, you agree to be bound by the revised Privacy Policy.
11. California Residents
If you are a California resident and have an established business relationship with us, you can request a notice disclosing the categories of personal information we have shared with third parties, for the third parties’ direct marketing purposes, during the preceding calendar year. To request a notice, please submit your request to: legal@Bardsy.com If you are a California resident under 18 years old and a registered user, you can request that we remove content or information that you have posted to our Site or online services. Note that fulfilment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user). To request removal of content or information, please email: info@bardsy.com
California Do Not Track Disclosure
Some browsers have a do not track feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser do not track signals, but we do provide you the option to opt out of interest-based advertising (IBA). To learn more about IBA or to opt-out of this type of advertising, visit the Network Advertising Initiative website and the Digital Advertising Alliance website. Options you select are browser- and device-specific.
12. Contact Us
If you have any questions about this Privacy Policy, please contact us at: info@bardsy.com
Bardsy, Inc.
Bardsy processes information about you in a few different ways. This Privacy Policy explains how we collect, use, disclose and keep information that can identify you (“Personal Information”) when you create a Bardsy account and use Bardsy.com (the “Site”), to post content, including stories you create, comments and messages (together with the Site, the “Services”). By accessing and using the Services, you agree to this Privacy Policy, as it may be amended from time to time. This Privacy Policy is updated as of November 16, 2018.
1. What is Personal Information?
"Personal Information" is any information that can identify you. This may include, but is not limited to, account information, Internet Protocol (“IP”) address, credit card information, and other identifying details of a personal nature.
2. What We Collect:
Information You Provide to Us
We collect information you provide to us directly when you use the Services. This includes: a. Account information. To create an account, you must provide a username and password. Your username is public, and it does not have to be related to your real name. You must also provide an email address. We also store your user account preferences and settings.
b. Content you submit. We collect the content you submit to the Services. This includes your written content, including saved drafts, Better Storytelling templates, exercises, brainstorms and reflections, photos, posts and comments, your messages with other users (e.g., private messages, chats), and your reports and other communications with us. Your content may include text, links, images, gifs, and videos.
c. Actions you take. We collect information about the actions you take when using the Services. This includes your interactions with content, like voting, saving, hiding, and reporting . It also includes your interactions with other users, such as following, friending, and blocking. We collect your interactions with communities, like your subscriptions or moderator status.
d. Transactional information. If you purchase products or services from us (e.g., Bardsy publications, Bardsy Premium Services) we will collect certain information from you, including your name, address, email address, and information about the product or service you are purchasing. Payments are processed by third-party payment processors (e.g., Stripe and PayPal), so please refer to the applicable processor’s terms and privacy policy for more information about how payment information is processed and stored.
e. Other information. You may choose to provide other information directly to us. For example, we may collect information when you fill out a form, participate in Bardsy-sponsored activities or promotions, apply for a job, request customer support or otherwise communicate with us.
Information We Collect Automatically
When you access or use our Services, we may also automatically collect information about you. This includes:
a. Log and usage data. We may log information when you access and use the Services. This may include your IP address, user-agent string, browser type, operating system, referral URLs, device information (e.g., device IDs), pages visited, links clicked, the requested URL, hardware settings, and search terms.
b. Information collected from cookies and similar technologies. We may receive information from cookies, which are pieces of data your browser stores and sends back to us when making requests, and similar technologies. We use this information to improve your experience, understand user activity, personalize content and advertisements, and improve the quality of our Services. For example, we may store and retrieve information about your preferred language and other settings.
c. Location information. We may receive and process information about your location, when you choose to share such information on our Services, including by associating your content with a location, or we may derive your approximate location from other information about you, including your IP address.
Information Collected from Other Sources
We may receive information about you from other sources, including from other users and third parties, and combine that information with other information we have about you. For example, we may receive demographic or interest information about you from third parties, including advertisers, and combine it with our own data using a common account identifier such as a hash of an email address or a mobile-device ID.
Linked services. If you authorize or link other services (e.g., third-party apps or websites) to access your Bardsy account, Bardsy receives information about your use of that service when it uses that authorization. Linking services may also cause the other service to send us information about your account with that service. Bardsy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website or service. To learn how information is shared with linked services, see “How do we share your personal information”
3. Why We Use Information About You
We use information about you to:
a. Provide, maintain, and improve the Services;
b. Research and develop new services;
c. Help protect the safety of Bardsy and our users, which includes blocking suspected spammers, addressing abuse, and enforcing the Bardsy Terms of Use, this Privacy Policy, the Content Policy and our other policies;
d. Send you technical notices, updates, security alerts, invoices and other support and administrative messages;
e. Provide customer service;
f. Communicate with you about products, services, offers, promotions, and events, and provide other news and information we think will be of interest to you ;
g. Monitor and analyze trends, usage, and activities in connection with our Services;
h. Personalize the Services and provide content and features that match user profiles or interests.
i. Respond to legal/regulatory inquiries as we believe to be required by applicable laws or regulatory or administrative authorities.
4. What Can Bardsy Members, and Others, See?
When you use the Services, certain information may be shared with other users and the public. For example:
a. When you submit content such as written or photographic content to the Bardsy story library, a discussion, or a public chat, any visitors to and users of our Services will be able to see that content, the username associated with the content, and the date and time you originally submitted the content. When you send private messages, or private chats, the recipients of those messages will be able to see the content of your message, your username, and the date and time the message was sent. Additional users may be invited to join a private chat after you send a message.
b. When other users view your profile, they may be able to see information about your activities on the Services, such as your username, prior posts and comments, trophies, Ambassador status and how long you have been a member of the Services. If you choose to make the information public, your profile may also include your voting history.
c. We offer social sharing features that let you share content or actions you take on our Services with other media. Your use of these features enables the sharing of certain information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these social sharing features (e.g., Tumblr, Facebook, and Twitter). Please note that, even when you delete your account, the posts, comments and messages you submit through the Services may still be viewable or available on our servers. .
5. How Do We Share Your Personal Information?
We do not share, sell, or give away your personal information to third parties unless one of the following circumstances applies:
a. With linked services. If you link your Bardsy account with a third-party service, Bardsy will share the information you authorize with that third-party service.
b. With our partners. We may share information with vendors, consultants, and other service providers (but not with advertisers and ad partners) who need access to such information to carry out work for us. The partner’s use of personal data will be subject to appropriate confidentiality and security measures.
c. To comply with the law. We may share information in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, legal process or governmental request, including, but not limited to, meeting national security or law enforcement requirements. To the extent the law allows it, we will attempt to provide you with prior notice before disclosing your information in response to such a request.
d. In an emergency. We may share information if we believe it's necessary to prevent imminent and serious bodily harm to a person.
e. To enforce our policies and rights. We may share information if we believe your actions are inconsistent with our Terms of Use, this Privacy Policy, the Content Policy, or other Bardsy policies, or to protect the rights, property, and safety of ourselves and others.
f. With our affiliates. We may share information between and among Bardsy, and any of our parents, affiliates, subsidiaries, and other companies under common control and ownership.
g. With your consent. We may share information about you with your consent or at your direction. h. Aggregated or de-identified information. We may share information about you that has been aggregated or anonymized such that it cannot reasonably be used to identify you. For example, we may show the total number of times a post has been upvoted without identifying who the visitors were.
6. Ads and Analytics Partners
We may partner with third-party advertisers, ad networks, and analytics providers to deliver advertising and content targeted to your interests and to better understand your use of the Services. These third parties may collect information sent by your computer, browser, or mobile device in response to a request for content, such as unique identifiers, your IP address, or other information about your computer or device. For example:
Advertisers and Ad Networks
Our ad partners and ad networks may use cookies and related technologies to collect information when ads are delivered to you on our Services, but Bardsy does not link to or provide them with your actual Bardsy account details. This means that Bardsy does not share your individual account browsing habits with advertisers. Bardsy cannot see advertisers’ cookies and advertisers will not see Bardsy cookies.
Analytics Partners
We use analytics partners (such as Google Analytics ) to help analyze usage and traffic for our Services. As an example, we may use analytics partners to analyze and measure, in the aggregate, the number of unique visitors to our Services.
7. Where Do You Store My Information?
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. How does Bardsy protect my Personal Information?
We are continuously implementing and updating physical, organizational, contractual and technological security measures to protect your Personal Information from loss, theft, unauthorized access, disclosure, copying, use or modification. For example, we use HTTPS encryption while information is being transmitted to protect Personal Information submitted on our Site. We also enforce technical and administrative access controls to limit which of our employees have access to non-public personal information.
Accessing and Changing Your Information
You can access and change certain information through the Services. See our Help Center page for more information.
Deleting Your Account
You may delete your account information at any time. When you delete your account, your profile is no longer visible to other users and disassociated from content you posted under that account. Please note, however, that the posts, comments, and messages you submitted prior to deleting your account will still be visible to others unless you first delete the specific content. We may also retain certain information about you as required by law or for legitimate business purposes after you delete your account.
Controlling the Use of Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject first- and third-party cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
Controlling Advertising and Analytics
Some analytics providers we partner with may provide specific opt-out mechanisms and we may provide, as needed and as available, additional tools and third-party services that allow you to better understand cookies and how you can opt-out. For example, you may manage the use and collection of certain information by Google Analytics here.
Do Not Track
Most modern web browsers give you the option to send a Do Not Track signal to the websites you visit, indicating that you do not wish to be tracked. However, there is no accepted standard for how a website should respond to this signal, and we do not take any action in response to this signal. Instead, in addition to publicly available third-party tools, we offer you the choices described in this Privacy Policy to manage the collection and use of information about you.
Controlling Promotional Communications
You may opt out of receiving some or all categories of promotional communications from us by following the instructions in those communications. If you opt out of promotional communications, we may still send you non-promotional communications, such as information about your account or your use of the Services.
Controlling Mobile Notifications
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Controlling Location Information
If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device.
10. Information Security
Data Retention
We store the information we collect for as long as it is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.
International Data Transfers
By using our Services, you understand that we may transfer some of the information we gather to the United States for storage purposes. The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the US, it may be accessed by government authorities in accordance with US law. To the extent that Bardsy is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal basis to transfer your information:
a. You have consented for us to do so for a specific purpose;
b. We need to process the information to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
c. It satisfies a legitimate interest (which is not overridden by your data protection interests), such as preventing fraud, ensuring network and information security, enforcing our rules and policies, protecting our legal rights and interests, research and development, and marketing and promoting the Services;
d. We need to process your information to comply with our legal obligations; and
e. Necessary for the performance of the contract between Bardsy and its Site users. As we operate in countries worldwide (including in the US) and use technical infrastructure in the US to deliver services to you, in accordance with the contract between us, we need to transfer your personal information to the US. We cannot provide you with our services and perform our obligations to you without moving your personal information to the US. By providing us with information, you consent to your information being transferred to and processed in the United States.
Children
Children under the age of 18 are not allowed to create an account, without permission from a verifiable parent or legal guardian. Additionally, if you are in the EEA, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have obtained verifiable consent from your parent or legal guardian.
Changes to This Policy
We may change this Privacy Policy from time to time. If we do, we will let you know by revising the date at the top of the Privacy Policy. If we make a change to this Privacy Policy that, in our sole discretion, is material, we will provide you with additional notice (such as adding a statement to r/announcements, the front page of the Services or sending you a notification). We encourage you to review the Privacy Policy whenever you access or use our Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy. By continuing to use our Services after Privacy Policy changes go into effect, you agree to be bound by the revised Privacy Policy.
11. California Residents
If you are a California resident and have an established business relationship with us, you can request a notice disclosing the categories of personal information we have shared with third parties, for the third parties’ direct marketing purposes, during the preceding calendar year. To request a notice, please submit your request to: legal@Bardsy.com If you are a California resident under 18 years old and a registered user, you can request that we remove content or information that you have posted to our Site or online services. Note that fulfilment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user). To request removal of content or information, please email: info@bardsy.com
California Do Not Track Disclosure
Some browsers have a do not track feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser do not track signals, but we do provide you the option to opt out of interest-based advertising (IBA). To learn more about IBA or to opt-out of this type of advertising, visit the Network Advertising Initiative website and the Digital Advertising Alliance website. Options you select are browser- and device-specific.
12. Contact Us
If you have any questions about this Privacy Policy, please contact us at: info@bardsy.com
Bardsy, Inc.