Terms & Conditions

General

Welcome to our Site www.barkinbuddy.com

The RADICAL IDEAS GROUP PTY LTD ACN 137 869 704 of Level 10, 50 Market Street, Melbourne VIC 3000 (RIG) is the owner and operator of www.barkinbuddy.com (Barkin’ Buddy).

This Agreement contains the complete terms and conditions that apply to users and others who interact with Barkin’ Buddy. By using or accessing Barkin’ Buddy, which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds, you agree to these Terms and Conditions. These Terms & Conditions apply whenever you access the Site, regardless of how you access the Site.

a. Use of this site
If you wish to become a member or user (Users) of this social networking website and communicate with other members, please read these Terms and Conditions of use carefully before using Barkin’ Buddy and its services. By accessing Barkin’ Buddy or using any part of Barkin’ Buddy or any content or services, indicates your acceptance to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions, then you may not access Barkin’ Buddy or use the content or any services on Barkin’ Buddy. Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on Barkin’ Buddy reflects the latest agreement and you should carefully review the same before you use our site.

Barkin’ Buddy allows you to join a social network, gain friends, mingle with your loved ones, express your thoughts, and make some comments and discussion, and communicate with other members. You understand and agree, however, that you will use Barkin’ Buddy including its tools and services with full responsibility and in a manner that is consistent with these Terms and Conditions and in such a way as to ensure compliance with all applicable laws and regulations.

b. Definitions
Barkin’ Buddy means the features and services we make available, including through our website at www.barkinbuddy.com and any other Barkin’ Buddy branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) and/or other media, software, devices, or networks now existing or later developed.

Information means facts and other information about you, including actions you take.

Content means anything you post on Barkin’ Buddy that would not be included in the definition of “information.”

Post means post on Barkin’ Buddy or otherwise make available to us (including user location).

Use means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

c. Prohibitions
You may view, download for collection purposes only, and print pages or other contents from the Barkin’ Buddy website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions of use:

  • You should not post any blogs, items, messages, and or contents that are inappropriate and fails to observe sense of decency and or would offend other persons;
  • You must not republish, sell, rent or sub-license any materials from the Barkin’ Buddy website including republication on another website;
  • You must not collect and disclose information about users’ personal information;
  • You must not reproduce, duplicate, copy or otherwise exploit material on Barkin’ Buddy’s website for a commercial purpose;
  • You must not post false, inaccurate, misleading, defamatory, or libelous content;
  • You must not use Barkin’ Buddy’s website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

d. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Barkin’ Buddy to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

e. Intellectual Property
All intellectual property in relation to content on this website (www.barkinbuddy.com) belongs to RIG or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on Barkin’ Buddy is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

You may download and view content or print a copy of material on Barkin’ Buddy for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by RIG. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on Barkin’ Buddy without the copyright or trademark owners’ permission.

The barkinbuddy.com logo, the logos of the RIG’ sites are registered trademarks of RIG or its related bodies corporate. Other trademarks may be displayed on Barkin’ Buddy from time to time. These may belong to third parties. Nothing displayed on Barkin’ Buddy should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on Barkin’ Buddy, without the express written permission of the relevant owner.

f. Sharing Your Content and Information
Barkin’ Buddy or RIG owns all of the rights, title and interest in relation to the content and information you post on Barkin’ Buddy, and you automatically assign all rights, title and interest, absolutely in the content and information you post and share through Barkin’ Buddy.

For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission; you grant us an exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Barkin’ Buddy (“IP License”). This IP License continues even if you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

When you delete your account all IP in the content and information is automatically assigned to RIG or Barkin’ Buddy.

Any content and/or information is shared through an application, or posted through Barkin’ Buddy, the user automatically assigns the ownership, right, title and interest in that content or information absolutely to RIG or Barkin’ Buddy.

We always appreciate your feedback or other suggestions about Barkin’ Buddy, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

g. Safety
We do our best to keep Barkin’ Buddy safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  • You will not send or otherwise post unauthorized commercial communications (such as spam) on Barkin’ Buddy.
  • You will not collect users’ content or information, or otherwise access Barkin’ Buddy, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Barkin’ Buddy.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any user.
  • You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
  • You will follow all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Barkin’ Buddy.
  • You will not use Barkin’ Buddy to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working of Barkin’ Buddy, such as a denial of service attack.
  • You will not facilitate or encourage any violations of this Terms & Conditions.

h. Registration and Account Security
As users of Barkin’ Buddy you commit to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on Barkin’ Buddy, or create an account for anyone other than yourself without permission.
  • You will not create more than one personal profile.
  • If we disable your account, you will not create another one without our permission.
  • You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
  • If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

i. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same. You will not post content or take any action on Barkin’ Buddy that infringes or violates someone else’s rights or otherwise violates the law. We can remove any content or information you post on Barkin’ Buddy if we believe that it violates this Terms & Conditions. You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.

You agree that you will use Barkin’ Buddy and its services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

j. Mobile Applications
We currently provide our mobile application services for free, which is subject to change at the sole discretion of RIG. But please be aware that your carrier’s normal rates and fees, such as text messaging fees, download limits and charges etc will still apply. If Barkin’ Buddy or RIG decides to charge a fee, then any existing free version or any other paid version may not incur the new fees, excluding any new enhancements where the fees may be applicable, at the sole discretion of RIG or Barkin’ Buddy. In the event you change or deactivate your mobile telephone number, you will update your account information on Barkin’ Buddy within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

k. About Advertisements and Other Commercial Content Served or Enhanced by Barkin’ Buddy
We currently do not provide any advertisements, however Barkin’ Buddy or RIG may decide to deliver advertisements at its sole discretion in future.

l. Termination
We may terminate your membership for any reason at any time. If you are using a paid version of the service and we terminate your membership in the service because you have breached this Agreement, you will not be entitled to any refund of unused fees.

If you violate this Terms & Conditions, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Barkin’ Buddy to you. We will notify you by email or at the next time you attempt to access your account. You may terminate your membership, or delete your account or disable your application for any reason at any time. Even after your membership is terminated, certain sections of this Agreement will remain in effect.

m. Disputes
You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Terms & Conditions. The laws of the State of Victoria, Australia will govern this Terms & Conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in the State of Victoria, Australia for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content or information on Barkin’ Buddy, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

n. Exclusion, Limitation of Liability
You use Barkin’ Buddy at your own risk. We provide the service on a “as is” basis without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for particular purpose, and non-infringement. We do not guarantee that Barkin’ Buddy will be safe or secure.

RIG or Barkin’ Buddy is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Terms & Conditions or Barkin’ Buddy, even if we have been advised of the possibility of such damges. Our aggregate liability arising out of this Terms & Conditions or Barkin’ Buddy will not exceed the greater of one hundred dollars $100 or the amount you have paid us in the past 12 months.

Where the above limitation or exclusion of liability, or incidental or consequential damages is not permitted by law including under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified, then, Barkin’ Buddy or RIG excludes all rights, liabilities, remedies, conditions and warranties in respect of goods or services from your use of Barkin’ Buddy whether based in statute, common law or otherwise to the fullest extent permitted by applicable law.

o. Other
This Terms & Conditions is an agreement between you and RIG. References to “us,” “we,” and “our” mean either RIG or Barkin’ Buddy, as appropriate. This Terms & Conditions makes up the entire agreement between the parties regarding Barkin’ Buddy, and supersedes any prior agreements. If any portion of this Terms & Conditions is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Terms & Conditions, it will not be considered a waiver. Any amendment to or waiver of this Terms & Conditions must be made in writing and signed by us.

You will not transfer any of your rights or obligations under this Terms & Conditions to anyone else without our consent. All of our rights and obligations under this Terms & Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Terms & Conditions shall prevent us from complying with the law.

This Terms & Conditions does not confer any third party beneficiary rights. You will comply with all applicable laws when using or accessing Barkin’ Buddy. This Agreement will remain in full force and effect while you use Barkin’ Buddy.