SpaMob Terms of Use Agreement
Last Modified February 1, 2012
SpaMob LLC, a Limited Liability Company (hereinafter referred to as "SpaMob", the "Company", the "Sponsor", "us", or "we"), and its website, www.mybarkyard.com (hereinafter referred to as the "Website", or the "Site") provide our users with tools to assist them in finding deals on products and services in a wide range of categories. While visiting the site you are subject to all content and conditions outlined in this document.
SpaMob reserves the right to change its Terms of Use and Privacy Policy without warning. If you intent to continuously use the Website, you are obligated to check this document frequently to ensure that you are in agreement with the complete contents, including all ongoing changes and/or amendments that are made. Changes to this document and any other legally binding documents that SpaMob makes public will take effect forty-eight 48 hours after the respective document has been posted on the Website, unless otherwise stated in writing by SpaMob.
If, for any reason, you do not agree with any portion of this document, discontinue using the website immediately. In the event that you have already posted content to The Website, and do not accept any portion of our Terms of Use and Privacy Policy, remove all content immediately and discontinue use of the Website. In the event that you are not able to remove content you have posted, you may submit a request to support@mybarkyard.com indicating the profile that you want removed from the site. The request must come from the email address associated with the member account that is to be removed.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity.
If you are under the age of 13 or do not agree with any of the terms outlined in this document stop using the site immediately. By continuing to access the website and/or post content to the site you confirm that you have read in full this agreement and that you fully understand and accept all conditions contained within. If you do not understand or are not clear about any portion of this document, you are obligated to contact the Company at support@mybarkyard.com to request clarification on anything that you are unclear on. You may not access the Website until you have received clarification from the company and confirm that you agree to all contents of this document. By registering on the website you confirm that you have fully read and understand all contents of this document.
We reserve the right, to change, modify, add, or delete portions of this document. We will not provide advanced notification of any such change. We will indicate at the top of this document the last date the document was updated.
SpaMob may impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
LICENSE AND SITE ACCESS
SpaMob grants you a non-exclusive right and license to access and use the Site for personal, non-commercial purposes. SpaMob displays information from third-parties. Under no circumstances may you copy, sell, duplicate in any way, or make derivative works from any content displayed on the Website. The Website is governed by United States Copyright laws and applicable international treaties and any attempt to unlawfully copy or redistribute content that is found on the site will be prosecuted accordingly.
You are granted permission to link to content on the Website provided that the links and any associated content posted on another website does not portray SpaMob, its Website, partners, subsidiaries, affiliates, co-brand partners in a negative, offensive, or damaging manner. Under no circumstances may you use the SpaMob logo on any other website or medium unless prior written consent is provided by the Company.
If you are a California resident, by using the site, you expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. California Civil Code 1542, states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 3
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED BY SpaMob ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. SpaMob MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, GRAPHICS, CONTENT, LINKS, MATERIALS, PRODUCTS, AND OR SERVICES INCLUDED ON THE WEBSITE. CONTENT THAT CAN BE FOUND ON THE WEBSITE MAY BE PROVIDED BY THIRD PARTIES. SpaMob MAKES NO GUARANTEE OF THE ACCURACY OF THIS CONTENT. BY USING THE WEBSITE YOU AGREE TO NOT HOLD SpaMob RESPONSIBLE FOR ANY INACCURACIES IN THE CONTENT DISPLAYED ON ITS WEBSITE.
SpaMob MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING PRODUCTS, RATINGS OF PRODUCTS, OR REVIEWS OF PRODUCTS DISPLAYED ON ITS WEBSITE. SpaMob MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING PRODUCTS IN WHICH THE PURCHASE OF SUCH PRODUCTS ORIGINATED ON THE WEBSITE.
INDEMNITY
To the maximum extent permitted by applicable law, you agree to defend , indemnify and hold SpaMob, co-branded partners and other parties with which SpaMob is affiliated and SpaMob's officers, directors, owners, employees free of from any claims, actions or demands.
COLLECTION OF INFORMATION
Browser Information
SpaMob collects the following, not limited to, information: IP Address, Operating System, Browser Type and Version, and the Pages you visit. SpaMob uses this information to better its Website and learn, in an aggregate form, the actions of its websites' users.
Personal Content
SpaMob collects personal information that includes, but is not limited to: First and Last Name, Geographic Location, Age, Gender, and Email Addresses. Under no circumstances does SpaMob lease or sell this information to third parties. However, SpaMob may use this information to contact you regarding company promotions. SpaMob does not share any of your personally identifiable information with third party advertisers. SpaMob does reserve the right to share this information with affiliated agencies in an aggregate form. SpaMob reserves the right to share your information within the family of SpaMob companies. By submitting your email address you acknowledge that you may receive promotional materials from companies that are within the SpaMob family of companies.
Use of Cookies
SpaMob, may at times, place cookies on your computer. A cookie is a small file that may contain information about yourself and your actions on The Website. Third party affiliates may also place cookies on your computer in an effort to provide target specific advertisements to you. Under no circumstances may you intentionally manipulate the content stored within cookies that are placed on your computer. SpaMob reserves, at its sole discretion, the right to cancel any member account that they determine to posses manipulated cookies. SpaMob may request that you create a new profile should the company find that your current account is associated with manipulated cookies.
Emails From SpaMob
By registering on The Website you give SpaMob the right to periodically send you emails from the Company and from other site members. You confirm that you will not hold SpaMob responsible for sending you unsolicited emails. From time to time SpaMob may send you promotional emails. SpaMob provides account settings that allow you to prevent either the company or other users from sending you emails. By registering with the site you confirm that you understand that by default, your account settings are set to allow for the company to send you emails.
You confirm that you understand that in order to prevent emails from being sent to you you can click on the Unsubscribe link at the bottom of any email sent to you. Additionally, you may contact unsubscribe@mybarkyard.com and request to have your email address removed from our mailing list.
SpaMob provides the ability to have Deals emailed to you. You confirm that by signing up for one or many Deals, you will receive alerts.
CONTENT
Inappropriate Content
SpaMob strictly forbids the posting of inappropriate content which includes, but is not limited to, content of sexual nature, discriminating in nature, oppressive. SpaMob does not monitor all content that is posted to the Website. We strongly encourage users of the site to monitor and report any inappropriate content that they find on the site by emailing info@mybarkyard.com. Make sure to include the page URL of the content in question and include as much detail as is needed for our management team to review the content in question.
SpaMob Employees
At certain times SpaMob employees may be required to access your personal information. The company works to limit this access to maximize the security of your account and personal information, however, you allow SpaMob to access any or all of your information to whatever extend needed. SpaMob will not contact you should they be required to access this information.
Manipulation of Information
Due to the internet being inherently subject to security breaches, it is possible that your information can be accessed, edited, and or deleted. SpaMob takes effort to enhance the security of your information, but such security is not 100% fail proof. If hackers and/or individuals with malicious intent manipulate in any way, information that pertains to your profile, you will not hold SpaMob responsible.
Loss of Your Information
While SpaMob takes precautions to protect the content that you submit to the Website, it is possible that your information could be lost. SpaMob bears no responsibility for lost information. SpaMob backs up all data and content submitted to the website on a regular basis. If for some reason, SpaMob loses the content you submit you confirm that you will not hold SpaMob liable. If for any reason, backup files are lost or compromised in any way, and all or a portion of your information is lost, you will not hold SpaMob responsible.
User Conduct
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use and/or Privacy Policy, or any other purpose not reasonably intended by SpaMob. By registering and/or using the website you confirm that you will not:
• submit or upload content that contains viruses
• use bots of any sort on the site
• submit, upload, share, or re-distribute content that is unlawful in nature, prejudice, discriminatory, oppressive, harassing, abusive, or ethnically objectionable
• submit, upload, share, or re-distribute content that represents an advertisement of any sort
• submit, upload, share, or re-distribute content that represents anyone other than yourself
• submit, upload, share, or re-distribute content that indicates actions to stalk another individual
• submit, upload, share, or re-distribute content that infringes on and trademark, copyright laws, patents, trade secrets, or proprietary rights of any other individual or business entity
• submit, upload, share, or re-distribute content that has the intention to negatively impact the performance of the website, either technical or non-technical in nature.
• attempts to modify any content on the site that was not originally uploaded by yourself.
• not represent yourself with a false / proxy IP address.
• submit or distribute in any way that is associated with SpaMob Junk Mail, Spam mail, Chain Letters, or Pyramid Schemes
• submit, upload, share, or re-distribute content that represents unsolicited or unauthorized commercial communication
• submit, upload, share, or re-distribute content that promotes alcohol or Tobacco Products
• submit, upload, share, or re-distribute content that promotes controlled Substances or illegal drugs , or devices used to manufacture or distribute illegal drugs
• submit, upload, share, or re-distribute content that is related to or promotes firearms
• submit, upload, share, or re-distribute content that is related to or promotes stolen property
• disclose your password to anyone else (unless you are between the age of 13 and 17 whereby you may share it with, and only with, your parent(s)/legal guardian(s))
• collect, store, or redistribute information on the website that relates to any accounts other than your own.
• post anything that is defamatory, inaccurate abusive, racist, sexist, profane, illegal material or any material that may violate another party's rights.
• post, transmit or submit anything in which you are in any way, shape, or form intending to attain another members' password or any account information.
• submit any code that could harm the Website or have a negative impact on another member or website user
• submit, upload, share, or re-distribute content that is harmful to minors in any way
• submit, upload, share, or re-distribute content that impersonates a SpaMob employee or any employee of a company that is affiliated with SpaMob.
• submit, upload, share, or re-distribute content in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes
SpaMob CONTEST RULES AND REGULATIONS
Each month SpaMob posts at least one contest on its website. Upon registration members will automatically be entered into the current contest.
SpaMob provides each registered user with a referral key with which they can let others know about the website and any current contests that are running.
By referring friends, family members, or anyone to SpaMob.com, members increase their chances of winning any contest. If a website visitor registers on
SpaMob immediately after clicking on your referral link you get an additional entry into the contest you are entered in. We do not run concurrent contests
so there will not be the need to distinguish between multiple contest that you may be entered into.
To be eligible to win any contest prize you confirm that you will allow SpaMob to verify your identity. Verification may include, not limited to, your full name,
email address, city, state or province, country and phone number. We do not share any personal information with companies that are not affiliated with SpaMob.
In an effort to increase their chances of winning any contest, SpaMob members may post share their referral code through email or
post their referral key on Social Networking website. By posting your referral key on any other websites, you confirm that you have
read their terms of use and privacy policy and verified that they allow for you to post your referral link on their website. SpaMob does not tolerate
and spamming or unauthorized reference linking. If we determing that you are using any innapropriate methods to enhance your chances of winning
a contest, we reserver the right to disqualify you from the respective contest and any other contests.
Since each registered SpaMob member can improve their chances of winning by posting they reference code on other
SpaMob "Win an iPad 2" Contest will run for a two month period in which subscribers will be entered for a chance to win a 16GB iPad 2. In order to be eligible to
win the ONE available prize of a 16GB iPad 2 subscribers must invite others to join SpaMob and meet a minimum requirement of ten registered members from their referral link.
Contest Period
The "Contest" commences on the first day of each month unless otherwise specified (ex. January 1, 2012 at 12:01 am Pacific Standard Time (PT)) and concludes on the last day of the respective month unless otherwise specified (ex. January 31, 2012 at 11:59 Pacific Standard Time (PT)).
Eligibility
There is no purchase required to enter the contest. The Contest is open to all legal residents of the fifty United States, the District of Columbia and Canada, excluding the Province of Quebec and State of Rhode Island (according to Section 11-50-1 of Rhode Island General Laws). All participants must be at least 18 years of age at the time of entry. Employees of the Company, their affiliates and related companies, advertising and promotion agencies, and household members of any of the above, are not eligible to participate in the "Contest". The "Sponsor" shall have the right at any time to require proof of identity and/or eligibility of any participants that have entered the contest. The Sponsor may require proof of identity of the individual(s) that have been randomly selected as the winner(s) of the Contest. Failure to provide proof of eligibility may result in disqualification. All information provided to the Sponsor must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in their sole discretion, to disqualify any entrant should that entrant supply, at any time, misleading identifiable information about themselves.
Disclaimer
(i) The Sponsor makes no guarantees against loss of entries and/or data. Technical difficulties that are outside of the control of the Company may result in the loss of individual entries and/or large amounts of data. The Sponsor uses data redundancy processes to ensure that data is backed up on a regular basis. However, should any amount of data be lost, the Sponsor cannot be held accountable. By entering the contest you confirm that you will not hold the Sponsor accountable for any data loss that directly or indirectly impacts the results of this or any Contest.
(ii) The Website and Contests may rely on user's having "cookies" enabled. Temporarily or permanently disabling cookies may affect Participants' chances of winning.
(iii) The Contest is subject to all Federal, State, Provincial and local laws, as well as the rules adopted in view of said laws.
Use of Winners Profile
By entering the Contest, you confirm that you will allow the Sponsor to use your profile information, including, but not limited to, your first name, your profile picture (if requested), and other requested information such as city. The Sponsor will only use your provided profile information for marketing and advertising purposes. Under no circumstances will the Sponsor sell or share your personal information with any third party. We takes very seriously, the privacy of your personal information.
Cancelation of Contest
The Company reserves the right, in its sole discretion, to cancel or suspend this Contest should there be a technical failure, computer virus or bug, unauthorized human intervention, fraud or any other occurrence or cause beyond its control that corrupts or negatively affects the administration, security or fairness of the Contest.
PARTIES RESPONSIBILITIES
• You will contact SpaMob immediately if you know of other Website users and/or Website members who are in violation of the SpaMob Terms of Use Agreement.
• SpaMob reserves the right, but has no obligation, to evaluate all material on the Site. SpaMob reserves the right to remove any material that violates any applicable law or violates and conditions established within the contents of this document (the SpaMob Terms of Use). Although we RESERVE this right, YOU remain fully responsible for all of the information that you post to the website.
• SpaMob relies on it member's to assist in monitoring content submitted to the website. You, as a Website user or Website member have a responsibility to alert the Company of any inappropriate content.
• SpaMob makes NO guarantees on the completeness or accuracy of any information on the Website. Under NO circumstances or in any situation will SpaMob or any of its employees be responsible for any inaccuracies of or misrepresentation of information displayed on its Website.
• You will not hold SpaMob responsible for any loss or damage (whether financial or other) arising from the loss of or compromise of your information or another member's information.
• You agree not to enter the SpaMob site with the intention of flooding anyone's account and artificially inflating or altering the voting system that SpaMob is intended for.
• You agree not to enter any SpaMob contest with the intention of flooding anyone's account and artificially inflating or altering contest entries.
• SpaMob contains information and materials which is owned by or licensed to us. Some of the aforementioned material includes the layout, look, appearance, logos, graphics, and text. Any reproduction of this material in any capacity, without the expressed written consent from SpaMob, is strictly prohibited. SpaMob will prosecute any individual or entity that violates our websites content in such a way.
• You will not engage in solicitation of or advertising to other Registered Users to buy, sell, or trade any products or services through our site. In addition you will not create "SPAM" or unwanted messages/email or chain mail to any other users.
• You are solely responsible for the information, articles, or blogs, that you publish, post, display, promote, or transmit under your User Profile.
• You agree to any and all local, state, national, and international laws and regulations that are applicable. These include but are not limited to, the United States Export Control Laws. If you are a user not based in the United States, you agree to comply with all local laws regarding acceptable content and online conduct.
• You acknowledge that the Website posts pricing information ONLY in US dollars. If you are a user that is outside of the United States and/or would like to see pricing in another currency, it is your responsibility to ascertain this pricing on your own. SpaMob is not responsible for any inaccuracies in pricing due to exchanges in currency rates, export tariffs, or any other pricing differences that arise due to a Website member or Website user not being located in the United States.
• SpaMob takes the security and integrity of uploaded user content very seriously. SpaMob will prosecute to the full extent of the law, users who attempt to manipulate content that is not their own.
• SpaMob displays percentage savings on some products. SpaMob reserves the right to calculate Percentage Savings by including or excluding Shipping Costs. SpaMob is not responsible for shipping costs that change on third party retailer sites or for actual Shipping Costs that are not reflective of SpaMob displayed shipping costs.
INFRINGEMENT
If you believe that content on the Website infringes your copyright, you may submit an inquiry request to support@mybarkyard.com. To expedite your request please include as much detail as possible.
Include in your submission the following items:
1. Your complete identifiable information (either personal and/or business)
2. The content, or portion of content, that you believe is being infringed upon
3. The legally binding statement "I confirm, under penalty of perjury, that the content in question, as indicated above, infringes on a copyright that I and/or the business I represent."
SpaMob Content
You confirm that any and all content you submit to SpaMob, through the Website or another method, can be used for marketing and advertising purposes. You release to SpaMob worldwide rights to this content whereby SpaMob may use any portion of this content for, but not limited to: online, print, radio, and or television marketing and/or advertising purposes.
APPLICABLE LAW
The laws of the State of California will govern these disclaimers, terms and conditions, and Privacy Policy. Should any individual or entity choose to enter into a legal dispute with SpaMob, a Manager, or Employee they confirm that all disputes will be handled in the State of California and governed by the laws of the State of California.
DISCLAIMERS
The services that SpaMob offers, including its website(s) may be unavailable from time to time. Under no circumstances will you hold SpaMob responsible for this. SpaMob, either willingly or unwillingly, may experience "down time" whereby the website is not accessible. This may occur for an extended length of time up to hours or days.
TRANSITION OF DATA
Under no circumstances can you hold SpaMob responsible for the loss or breach of security of private information as a result of hardware failure or breakdown in network connectivity. SpaMob has no control over these types of issues, and as such you will not hold the Company responsible.
Any use of the service is at your own risk. Software and website applications, by nature, can have "bugs", unintended errors in the code that can result in misrepresentation of information or unintended functionalities. SpaMob makes no guarantees that services provided will not be free from bugs, errors in code, hackers, trojans, spam, or theft of personal information. Under no circumstances shall SpaMob be held responsible for loss of information, technical malfunction, failure of the internet, the company's servers, telecommunication equipment, network congestion, website congestion, or bandwidth limitations.
SpaMob shall not be held responsible or liable for any misrepresentation of content that you submit to the website. You confirm that you upload content at your own risk and fully acknowledge and understand the security risks that are a part of the internet. Under no circumstances shall you hold SpaMob responsible or liable for the loss of submitted content due, but not limited to: hacking, technical failure, unintended errors on behalf of SpaMob, coding errors. Under no circumstances will you hold SpaMob responsible or liable for displaying your uploaded content if your account is set to private. You acknowledge and fully accept that any information you upload is information that you are willing to openly share on the Internet. Even if your profile is set to private you acknowledge and confirm that if your information should be released to unintended viewers that you will not hold SpaMob responsible or liable.
THIRD PARTY CONTENT
SpaMob displays content that is received from third party advertising agencies. SpaMob assumes no responsibility for the content that is provided from these third parties. SpaMob assumes no responsibility for content on third party websites that SpaMob advertisements link to. Advertisements in the previous statement contain all links found on the Website (www.mybarkyard.com) that link to a site that is not www.mybarkyard.com.
SpaMob's Terms of Use and Privacy Policy do not apply to the content that can be found on any website that can be accessed from a SpaMob advertisement. These third party websites should have their own Terms of Use and Privacy Policy statements. SpaMob strongly recommends that you fully read and understand these documents prior to using their in any way.
MEMBER DISPUTES
SpaMob encourages you to be careful regarding who you interact with on the Website. SpaMob reserves the right to monitor any or all communication between its members. SpaMob strongly discourages users from meeting other previously unknown members in person. SpaMob prohibits users from sharing their personal information to allow other users to determine their place of residence in more specific detail than city and state.