TERMS OF USE
PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS WEBSITE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU SHALL NOT USE THIS WEBSITE.
1. ACCEPTANCE
a. Barky Dog Toys provide a collection of online resources which includes general information about the Barky Dog Toys, good and services provided by it (collectively, referred to it as ‘Service’) on the official website of Barky Dog Toys (referred to as ‘Website’) subject to these Terms of Use (these ‘Terms’). For the purpose of the Terms and wherever the context so require, the terms ‘You’ or ‘you’ shall mean any person who uses the Websites or the Services in any manner whatsoever including persons browsing the Websites and its content, posting comments or any content or responding to any none or content on the Websites. By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may be change from time to time.
b. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Barky Dog Toys in any way, your only choice is to immediately discontinue use of the website. These Terms may be updated by Barky Dog Toys at any time at its sole discretion.
Barky Dog Toys may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is for your convenience only and that the English version governs the terms of your relationship with the Website. Furthermore, in case of any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail. You understand and agree that to the extent you are located in the territory of India, you will utilize the Service(s) in compliance with any laws, regulations, and guidelines that may be under the jurisdiction of the Office of concerned departments of the made by the State and the Central Government from time to time.
2. DESCRIPTION OF SERVICE AND CONTENT POLICY
a. We act as a Blog to allow our users who comply with these Terms to offer, provide and receive information, goods and/or services using the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors such as PayPal, internet banking, credit/debit cards and such other modes,Barky Dog Toysis not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Barky Dog Toys is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.
b. You understand that Barky Dog Toys does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails or other means of electronic communication, whether through the Website or another Third Party Website or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service (‘Content’), and that by using the Website and the Service, you may be exposed to Content that is inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Barky Dog Toys be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Services. You acknowledge and agree that Barky Dog Toys has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Barky Dog Toys knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites (‘Third Party Websites’), which are completely unrelated to Barky Dog Toys. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Barky Dog Toys makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Barky Dog Toys disclaims all liability thereto.
c. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, and warrant that:
i. you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Barky Dog Toys to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and
ii. you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting the Content to Barky Dog Toys, you hereby grant Barky Dog Toys an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Barky Dog Toys (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Barky Dog Toys in order to host and display your Content. Furthermore, by posting Content to any public area of the Service, you agree to and do hereby grant to Barky Dog Toysall rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website.
d. Barky Dog Toys does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Barky Dog Toys expressly disclaims any and all liability in connection with user Content. Barky Dog Toys does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Barky Dog Toys may, at its sole discretion, remove any infringing Content if properly notified that such Content infringes another person’s intellectual property rights. Barky Dog Toys reserves the right to remove any Content without prior notice. Barky Dog Toys may also terminate a user’s access to the Website, if they are determined to be a repeated infringer. A repeated infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, Barky Dog Toys reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libellous, or defamatory material, or excessive length. Barky Dog Toys may remove such Content and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
e. Barky Dog Toys may provide a video service to you if you upload photographs for your ad. By uploading your photographs, you irrevocably consent to the use of your photographs for this service and represent and warrant that you have all right, title and interest necessary to upload and use the photographs on this service. Under this service, using a third party application or service, Barky Dog Toys may, at its discretion, create a video of your photographs, upload the video via www.youtube.com or another third party service provider, as determined by Barky Dog Toys at its discretion, and embed the video into your ad on Barky Dog Toys.
3. CONDUCT
a. You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
i. that violates any law;
ii. That is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Barky Dog Toys all of the license rights granted herein;
iii. That infringes any of the foregoing intellectual property rights of any party, or any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
iv. That violates the any law in force, as amended from time to time, including its implementing regulations and any Order related thereto, by stating, in any notice or advertisements for the sale or rental of any dwelling not excluded by such Act, a discriminatory preference based on race, colour, sex, disability, age, national origin, religion, (or violates any applicable central, state or local law prohibiting discrimination on the basis of aforementioned characteristics or any other characteristics);
v. That is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm any person in any way or otherwise unlawful in any manner whatsoever;
vi. That violates any Central, state, or local equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, any preference or requirement based on race, colour, religion, sex, national origin, age, or disability of the applicant.
vii. That threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
viii. That includes personal or identifying information about another person without that person’s explicit consent;
ix. That impersonates any person, including, but not limited to, any Barky Dog Toys employee, or falsely states or otherwise misrepresents an affiliation with any person;
x. That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
xi. That is false, deceptive, misleading, deceitful informative or misrepresentation, or constitutes ‘bait and switch’ offer;
xii. That constitutes or contains ‘pyramid schemes’, ‘affiliate marketing’,’link referral code’,’junk mail’,’spam’,’chain letters’, or unsolicited advertisements of a commercial nature;
xiii. That constitutes or contains any form of advertising or solicitation if
I. posted in areas or categories of the Website which are not designated for such purposes; or
II. e-mailed to Barky Dog Toys users who have requested not to be contacted about other services, products or commercial interests;
xiv. That includes links to commercial services or Third Party Websites, except as specifically allowed by Barky Dog Toys;
xv. That advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Central, State and Local laws;
xvi. That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
xvii. That disrupts the normal flow of dialogue with an excessive number of messages to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
xviii. That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
b. Additionally, you agree not to:
i. Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; or to ‘stalk’ or otherwise harass anyone;
ii. Make any libellous or defamatory comments or postings to or against anyone;
iii. Collect personal data about other users or entities for commercial or unlawful purposes;
iv. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives that comply with our files;
v. Post Content that is outside the local area or not relevant to the local area or repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure.
vi. Post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
vii. Attempt to gain unauthorized access to computer systems owned or controlled by Barky Dog Toys or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
viii. Use any form of automated device or computer program that enables the use of Barky Dog Toys ‘flagging system’ or other community control systems without each flag being manually entered by a human that initiates the flag (an ‘automated flagging device’), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
ix. Use any automated device or software that enables the submission of automatic postings on Barky Dog Toys without human intervention or authorship (an ‘automated posting device’), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
x. Any Content uploaded by you shall be subject to relevant laws and /or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.
ACCESS TO THE SERVICE
a. Barky Dog Toys grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following:
i. access to or use of the Service by Agents; or
ii. any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Barky Dog Toys or as otherwise set forth in these Terms.
b. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our file, may engage in the activities set forth in (a)(ii). For purposes of this exception, a ‘general purpose internet search engine’ does not include a website or search engine or other service that specializes in listings including any subset of listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media).
c. If the total number of such postings displayed on or linked to your website exceeds ninety nine (99) postings, your use will be considered to be in violation of these Terms, unless Barky Dog Toys expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Website so long as the link does not portray Barky Dog Toys, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter.
d. Barky Dog Toys may offer parts of the Service in RSS format for the purpose of embedding individual RSS feeds into a personal website or blog, or view postings through third party software news aggregators. Barky Dog Toys permits you to display, excerpt from, and link to any such RSS feeds on your personal website or personal blog, provided that
i. your use of the RSS feed is for personal, non-commercial purposes only,
ii. each title within an RSS feed is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it,
iii. you provide, in a conspicuous manner, proper attribution to ‘Barky Dog Toys’ as the source of the RSS feed,
iv. your use or display of the RSS feed does not suggest that Barky Dog Toys promotes or endorses any third party causes, opinions, ideas, web sites, products or services,
v. you do not redistribute the RSS feed, and
vi. your use does not overburden or otherwise slow the performance of Barky Dog Toys’s systems.
e. Barky Dog Toys reserves all rights in and to the content of any RSS feeds provided through the Service and may terminate any RSS feed at any time without notice. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Barky Dog Toys.
5. PAID POSTINGS
Barky Dog Toys may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Website. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in any event including but not limited to, where any Content is removed from the Service for violating these Terms
6. POSTING AGENTS
As used herein, the term ‘Posting Agent’ refers to a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. Barky Dog Toys prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Barky Dog Toys. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service to in order to post Content on behalf of others, except with express written permission or license from Barky Dog Toys.
7. USER SUBMISSIONS
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that Barky Dog Toys is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Barky Dog Toys. However, necessary action will be taken by Barky Dog Toys provided the same is informed to Barky Dog Toys.
8. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
a. Barky Dog Toys is not liable for any infringement of copyright, trademark, trade secret or infringement of any other intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.
b. If you are a copyright owner or an agent thereof and believe that any user Content or other content infringes upon your copyrights, you may submit a complaint with the website with necessary document to support such claim along with an statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and an statement that the information in the complaint is accurate, and under penalty you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. INTELLECTUAL PROPERTY RIGHTS
a. You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (‘Materials’) and the trademarks, service marks and logos contained therein (‘Marks’), are owned by or licensed to Barky Dog Toys, and are subject to copyright and other intellectual property rights under relevant laws and international conventions.
b. Materials on the Website are provided to you on an “AS IS” and “AS AVAILABLE” basis for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner(s).
c. Barky Dog Toys reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein.
d. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, Trademark laws and other laws, and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
10. INDEMNITY
You agree to defend, indemnify and hold harmless Barky Dog Toys, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
i. your use of and access to the Website and/or the Service;
ii. your violation of any term of these Terms;
iii. your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
iv. any claim that your Content caused damage to a third party.
This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
11. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Barky Dog Toys email addresses or through Barky Dog Toys computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Barky Dog Toys may monitor e-mail usage using human monitors or automated software to flag certain words associated with spam or scams that are sent between one user to another in Barky Dog Toys’s e-mail system and website. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of Barky Dog Toys computer systems is a violation of these Terms and Central and state laws. Such violations may subject the sender and his or her agents to civil and criminal proceedings and penalties.
12. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that Barky Dog Toys shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Barky Dog Toys shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Barky Dog Toys is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release and waive your rights against Barky Dog Toys, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
13. LIMITATION AND TERMINATION OF SERVICE
a. You acknowledge and agree that Barky Dog Toys may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website.
b. You acknowledge and agree that Barky Dog Toys has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service unless it is a paid service provided by Barky Dog Toys. You acknowledge and agree that Barky Dog Toys reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Barky Dog Toys shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
c. You acknowledge and agree that Barky Dog Toys, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Barky Dog Toys believes that you have violated these Terms or any laws. Further, you agree that Barky Dog Toys shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
14. DISCLAIMER
a. You expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided on an ‘as is’ or ‘as available’ basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.
b. To the fullest extent permitted by law, Barky Dog Toys, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof.
c.
Barky Dog Toys makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any third party websites linked to the website and assumes no liability or responsibility for any
i. Errors, mistakes, or inaccuracies of content,
ii. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service,
iii. Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein,
iv. Any interruption or cessation of transmission to or from the website,
v. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or
vi. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service.
d. Barky Dog Toys does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Barky Dog Toys WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
15. LIMITATIONS OF LIABILITY
In no event shall Barky Dog Toys, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Barky Dog Toys has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the service, including without limitation whether the damages arise from use or misuse of the website or the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website or the service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or the service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the website or the service or any links on the Barky Dog Toys’s website. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Barky Dog Toys shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. Barky Dog Toys makes no representations or warranties that the website is appropriate for use in different locations. Those who access or use the website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
16. DISPUTE RESOLUTION
In the event of any controversy or claim arising out of or relating to this agreement, contract/terms or other legal documents related to the website or any other legal disputes including its breach thereof arising from the use or misuse of the website and/or its application between the users of the website or between users and the website (including its associates, affiliations or any other person), the parties may first attempt to settle the dispute by mediation, administered by the www.lawvslaw.com under its Rules framed from time to time. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the www.lawvslaw.com under Rules and procedure thereof and the decision of the arbitrator shall be binding on all the parties related to the transaction(s). Arbitration or mediation, as the case may be shall be conducted online by www.lawvslaw.com applying Indian Laws. The language of the proceedings shall be in English.
17. ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Barky Dog Toys without restriction. Any assignment or transfer by you shall be null and void.
18. ABILITY TO ACCEPT TERMS OF SERVICE
This Website is intended only for adults. You affirm that you are either more than 18 years of age and are fully able and competent to enter into the contract such as terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
19. GENERAL INFORMATION
a. These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Barky Dog Toys and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
b. The Terms and the relationship between you and Barky Dog Toys shall be governed by the laws in force in the territory of India without regard to its conflict of law principles. You and Barky Dog Toys agree to submit to the personal and exclusive jurisdiction of the courts located within Chennai, Tamil Nadu, India and The failure of Barky Dog Toys to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
c. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.
d. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
e. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.
20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
a. Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the homepage of the Website. Any failure to act by Barky Dog Toys with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Barky Dog Toys the following as liquidated damages (and not a penalty):
b. If Barky Dog Toys establishes any limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Barky Dog Toys five thousand rupees only (Rs.5,000/-) for
each message posted in excess of such limits or
each day on which you access Barky Dog Toys in excess of such limits, whichever is higher.
If you post a message that
i. impersonates any person or entity;
ii. falsely states or otherwise misrepresents your affiliation with a person or entity; or
iii. that includes personal or identifying information about another person without that other person’s explicit consent, you agree that Barky Dog Toys in its sole discretion may disclose identifying information about you to the victim, and that Barky Dog Toys may institute a claim against you in court, that you shall pay Barky Dog Toys fifty thousand rupees (50,000/-) for each such message.
d. If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages under the terms below you agree to pay Barky Dog Toys five thousand rupees (Rs.5,000/-) for each and every item you post in violation of these Terms. A Posting Agent will also be deemed to be an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms) agrees to pay Barky Dog Toys an additional five thousand rupees (Rs.5,000/-) for each item posted by the Posting Agent on behalf of such party in violation of these Terms.
e. If you use Barky Dog Toys e-mail addresses or computer systems to send unsolicited e-mail advertisements to Barky Dog Toys e-mail addresses or any other party, you agree to pay Barky Dog Toys five thousand rupees (Rs.5,000/-) for each such e-mail.
f. If you post messages in violation of these Terms, other than as described above, you agree to pay Barky Dog Toys five thousand rupees (Rs.5,000/-) for each such message. Notwithstanding the foregoing, Barky Dog Toys may, in its sole and absolute discretion, issue a warning before assessing damages pursuant to this provision.
g. If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Barky Dog Toys’s prior written permission, you agree to pay Barky Dog Toys one lakh rupees (Rs.1,00,000/-) for each activity on which you engage in such conduct.
h. If none of the foregoing clauses are applicable, you agree to pay Barky Dog Toys actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Barky Dog Toys retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.
21. GRIEVANCE OFFICER
If you have any grievance with respect to the Website or the Service, you can contact our grievance officer at:
Name : Ray McNally
Designation: Owner
Email: barkydogtoys@gmail.com