Information about BarkYours

Terms of use

BarkYours Terms of Use



Overview

Welcome to BarkYours (the “Site”/ “Website”), a peer-to-peer online marketplace that allows you to buy and sell gifts and goods for dog-lovers. This Terms of Use (“Terms”) describes the terms and conditions that govern your use of and participation in BarkYours services.  This document and any documents and policies referred to within it will collectively make up the Terms. 

The Terms are here for you, so that you are aware of your legal rights when using our Service and to ensure that BarkYours is a safe place to buy and sell.  The Terms are legally binding.  By browsing our Website, you agree to our Terms.  These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.  Please read the following Terms carefully before using our website and services.

Throughout the Terms, we’ll refer to our Site/ Website and other services as the “Service,” and we’ll refer to BarkYours as “we”, “us” and “our.” The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

BarkYours is an online marketplace where members can buy and / or sell certain goods. BarkYours is not in any way directly involved in the transaction between the Buyer and the Seller. The legal ownership of purchased items on BarkYours is transferred by the Seller to the Buyer upon completion of a sale. BarkYours does not transfer legal ownership of items from the Seller to the Buyer.  BarkYours has no control over the quality, morality, legality or safety of any aspect of any item listed, as well as no control over the accuracy or truth of any listings or information provided by the Seller, or the ability of the Sellers to sell items, or the ability of Buyers to pay for items. We do however strongly encourage Sellers to accurately explain their items in all fields provided and to upload clear images of their items.

Your Account

You’ll need to create an account with BarkYours to use some of our Services. 

You must be 18 or older to use our Services and to create an account. Otherwise, if you are 13 or older, you may only use our Services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use BarkYours or the Services.  BarkYours reserves the right to limit or restrict access by any person, in our sole discretion.

You are responsible for your account.  If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of your business.  You are solely responsible for any activity on your account, so it is important to keep your account password secure.  Your account is not transferable.

When setting up your account, you must provide accurate information about yourself.  You must choose an appropriate name.  If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.

Your Privacy

Your personal information is important to us. Our Privacy Policy details how your information is used when you use our Services. When using our Services or providing information on the Website, you consent to our collection, use, disclosure, and processing of your content and personal data as described in Our Privacy Policy.

Your Content

Content that you post using our Services is your content (“Your Content”).  This includes anything you post using our Services like profile pictures, listing photos, listing descriptions, contents, usernames, etc.

You are solely responsible for Your Content. You represent that you have all the necessary rights to Your Content and that you are not infringing or violating any third party's rights by posting it.  You are solely responsible for the accuracy of Your Content.  We take no responsibility and assume no liability for any comments posted by your or any third-party.

By posting Your Content through our Services, you grant BarkYours a license to use it. This license allows us a non-exclusive, worldwide, royalty free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of Your Content to promote the Service or Site. We do not claim ownership of Your Content, but we have your permission to use it to help us function and grow. 

If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If Your Content infringes another person's intellectual property, we will remove it if and when we receive proper notice. 

You agree to not post any content that is libelous, abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items / Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive. 

Limited License to Use Our Service

We grant you a limited, non-exclusive, non-transferable and revocable license to access and use our Services, subject to our Terms. You agree that you will not violate any laws in connection with your use of our Services.  This includes any local, state, federal and international laws that may apply to you. 

You are responsible for paying all fees that you owe to BarkYours. You are solely responsible for collection and/or paying of any applicable taxes for any purchases or sales that you make through our Services.

All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed on the Site are the property of BarkYours and where applicable, third party proprietors identified on the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent. 

Nothing in the Terms shall be construed as creating a partnership, agency, joint venture or any legal entity between BarkYours and You.

BarkYours may terminate this license for any reason at any time.

Intellectual Property

All content on the Website is owned by or licensed to BarkYours. Subject to this Agreement, BarkYours grants you a non-exclusive, non-transferable, non-sublicensable license to access and view the Site and to make a reasonable number of copies of the content on the Site solely for your own personal and non-commercial use. All rights not expressly granted herein are reserved to BarkYours and its licensors. Other than as expressly provided above, you may not display, reproduce, distribute, modify, sell or otherwise use any materials or content on the Site, and all such content is provided on an AS IS basis. 

The logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs that are displayed on the Site are owned by BarkYours and/or its affiliates or their third party licensers and may not be used unless authorized by BarkYours. BarkYours’ intellectual property may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. All goodwill generated from the use of BarkYours’ intellectual property will inure to our exclusive benefit. 

Comments, Feedback and Other Submissions

If, at our request, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence; to pay compensation for any comments; or  to respond to any comments.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet’ or to link directly or indirectly to any other websites; or arrange the swap or trade of items with other members of BarkYours to circumvent the marketplace selling platform and fees. We reserve the right to terminate your use of the Service or the Site for violating any of the prohibited uses.

As a Seller and/or Buyer, you are solely responsible for your conduct and activities on the Site, including any interactions with BarkYours or its Services, and all submissions and content that you submit, post and display on the Site. 

Without notice, BarkYours may block access to, remove, or otherwise make unavailable any member submission or other content that is a) in violation of any part of this Agreement; b) the subject of a court order or request from a governmental agency or law enforcement; or c) otherwise unlawful, unethical, immoral, or improper for the BarkYours community, as determined by BarkYours in its sole discretion. 

Purchase and Payment

Currently we support Credit Card and Debit Card payments through Stripe and payments via PayPal.  Stripe and PayPal are both third-party payment service providers.  All sales on the platform are binding. The seller is obligated to complete the transaction with the buyer in a prompt manner unless an exceptional circumstance arises. 

Seller Fees

It is free to sign up and free to list items for sale on BarkYours. BarkYours charges 10% commission for payments made via Stripe and 7% commission for payments made via PayPal, with a minimum fee of $1.00 per order; this is fixed to cover our minimum charges. Our fee will be deducted directly from your funds before the funds are settled into your account.  BarkYours covers payment processing fees assessed by Stripe; PayPal charges payment processing fees directly to sellers.

BarkYours may also change some or all of our Services at any time, without notice and at our sole discretion. Any alterations to our fees are effective immediately following the publishing of such changes. We may temporarily alter our fees for promotional offers (for example, reduced Seller commission rates). Any alterations are effective when the temporary promotion is published on the BarkYours Site or otherwise communicated to Sellers.  BarkYours also reserves the right to cancel any discount, promotion, coupon, or any other similar incentive before its originally stated expiration date. In the event that BarkYours introduces a new service, the fees for that service are immediately effective at the launch of the service. Unless otherwise stated, all fees are quoted in United States Dollars (USD). 

You are solely responsible for paying any and all fees and applicable taxes associated with using our Site and our Services in a timely manner with a valid payment method. 

Any offer to buy or sell outside of the Site is viewed as an attempt at avoiding BarkYours’ fees. This breaks this Terms of Use Agreement and will result in immediate account cancellation / termination. You must not exchange personal information or engage in transactional activity with another member in any manner to avoid BarkYours fees. 

When a sale is completed, Sellers will have access to the Buyer's full physical address. As a Seller, you are strictly prohibited from using this information for any purpose other than completing the sale. 

Seller Responsibilities

Customer service is the highest priority for BarkYours and we expect the same to be true for all Sellers on our marketplace. It is the Seller’s responsibility to accurately and clearly describe items, quickly and accurately confirm orders, ship items in a timely fashion, and resolve customer issues in a courteous and professional manner. Failure to adhere to the highest standards for customer service and efficient fulfillment may lead to a Seller’s suspension.

Sellers will properly manage and ensure that relevant information such as the price and the details of items are accurate and will not post inaccurate or misleading information. The pricing of items for sale are determined by the Seller at the Seller’s discretion.  As a Seller, you may not change the item's price after a sale has been completed for the purpose of avoiding and reducing BarkYours’ fees.

Sellers arrange shipping of any items they sell and add reasonable shipping and handling fees to the sale price to cover the cost of packaging and mailing the item sold to the Buyer. The price of an item and shipping charges will include any additional charges such as sales tax, value-added tax, tariffs etc. 

Sellers are obligated to deliver items as described in a prompt manner and as agreed/ committed to Buyer in listing or via other communication, unless there is an exceptional circumstance. If there are any exceptional circumstances the Seller is obligated to contact the Buyer to inform them of any delays or inability to complete the transaction. In the event where items received from the Seller are not as described and a refund is requested by the Buyer, the Seller is solely responsible for the payment of the refund and the return shipping of that item. The Seller is responsible for clearly communicating their return policy to the Buyer.

Buyer Responsibilities

When purchasing an item, the Buyer is responsible for reading the item listing description in entirety before committing to purchase.   As a Buyer, you agree that you are entering into a legally binding contract with the Seller to purchase their items when you commit to purchase the item. Furthermore, you agree that BarkYours is not a party to the contract, and does not transfer legal ownership of the item from the Seller to you.

In the event that as a Buyer you receive items from the Seller that are not as described, you should contact the Seller directly for a refund or replacement.  You agree that BarkYours has no responsibility to issue a refund or negotiate the return of any item that you purchase. 

Termination

We may terminate your participation in the Service at any time, for any reason, and without advance notice.  If your account is terminated, you will remain liable for all amounts due up to and including the date of termination.  If your account is terminated, you may lose any information associated with your account, including Your Content.  You also have the right to terminate your participation in the Service at any time by closing your account.  You are still responsible for fulfilling any payments or shipments due should you terminate your participation.

BarkYours may refuse service to anyone, at any time, for any reason.

Limitation of Liability

BarkYours does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers.  Therefore, BarkYours does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release BarkYours from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury.

BarkYours does not screen users of our Services, and you release us from all liability relating to your interactions with other users.  BarkYours is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you access through the Services. You release us from all liability relating to that content. 

Our Services may contain links to third-party websites or services that we don’t own or control.  The third parties may require you to accept their own terms of use. BarkYours is not a party to those agreements; they are solely between you and the third party.

Our Services are provided “as is” and without any kind of warranty (express or implied). We expressly disclaim any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.  We are not responsible if information made available on this site is not accurate, complete or current.

We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. We may cancel the service at any time, without notice to you. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

To the fullest extent permitted by law, neither BarkYours, nor our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind arising out of or in connection with the Services or these Terms, including, without limitation, lost profit, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service.   In no event shall BarkYours’ aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid BarkYours in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless BarkYours and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your actions, your use of our Services,  your breach of these Terms or the documents they incorporate by reference, your account’s infringement of someone else’s rights, or your violation of any law or the rights of a third-party.

Disputes with Other Users

If you find yourself in a dispute with another user of BarkYours, we encourage you to contact the other party and try to resolve the dispute amicably.  BarkYours reserves the right, but has no obligation, to monitor and / or manage disputes between you and other members of the Site. If you have a dispute with one or more members, you release BarkYours, its affiliates and subsidiaries, and its respective officers, directors, employees and agents from claims, demands, and damages for every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with one or more members, or an outside party.  

Governing Law and Arbitration

The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America.

You agree that any dispute or claim arising from the Terms will be settled by arbitration where possible. Judgement on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.   You agree that, by entering into this agreement, you are waiving the right to a trial by jury or to participate in a class action.

Changes to the Terms

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Changes will be effective upon the posting of the changes. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. Your continued access to our Site or use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes. 

Entire Agreement/ Severability

The Terms, together with all of the policies and documents that make up the terms and all of the policies and documents that are referenced in the Terms, and any other legal notices and agreements published by BarkYours, shall constitute the entire agreement between you and BarkYours concerning the Service. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.   Our failure to enforce any part of the Terms shall not affect the validity and enforceability of any other part of the Terms.

Raffles/Sweepstakes/Promotion

Periodically, BarkYours will have a give-away or promotion.  Entering a working email is required.  The email will be used to pick a winner.  There is no purchase necessary.  You must be 18 years or older to enter.  Winners will be chosen at random by The BarkYours Team.  Winners will be notified by email (either through info@BarkYours.com or through the BarkYours platform.)  Prizes can not be transferred, redeemed for cash or substituted by the winner.  All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner.

By entering the Sweepstakes, you grant BarkYours permission only to share your email address and any other personally identifiable information with the other Sweepstakes Entities only for the purpose of administration and prize fulfillment, including possible use in a publicly available Winners list.

BarkYours assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes.

If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by BarkYours. BarkYours and Released Parties shall not have any further liability to any participant in connection with the Sweepstakes.

DANDY RANDALL WEAR PROMOTION: (edited 10/22/18) We will randomly select one winner per day during the promotion week of October 26 through October 31, 2018.  Each winner will get his or her pick of a Dandy Randall t-shirt, inclusive of shipping, within the continental United States.  To be eligible, you must register on BarkYours.com by setting up a user name and password or by registering via the Facebook login.  Any person who registers starting October 24, 2018, will be entered into the daily drawing for the entire week, so the earlier you register, the more chances you have to win.  Winners will be contacted by the BarkYours Team and will be provided with instructions on how to claim their prize.  No purchase is necessary to participate.  Sellers are excluded from the promotion.  Sign-up entries eligible starting October 24th for a chance to win between October 26-October 31.

Contact Information

Questions about the Terms should be sent to us at info@BarkYours.com.  Please put “Terms of Use” in the subject line.