Terms and Conditions

Last Updated: 10/5/2024

Welcome to Barkulator.com, operated by KC Softworks, LLC, an Arizona Limited Liability Company ("we," "us," or "our"). By accessing or using our website, you agree to comply with these Terms and Conditions ("Terms"). If you do not agree with these Terms, please do not use our website.

1. Acceptance of Terms

By using Barkulator.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Community Standards Policy, which is incorporated herein by reference.

2. Modification of Terms

We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on this page. Your continued use of the website after any modifications indicates your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

3. Permitted Use

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the website for its intended purposes, such as utilizing the dog age calculator and engaging with pet-related content. All use must comply with these Terms and our Community Standards Policy.

4. User Obligations and Conduct

When using our website, you agree to:

• Provide accurate, current, and complete information about yourself and your pet as prompted.
• Maintain the security of your account by safeguarding your password and restricting access to your account.
• Notify us immediately of any unauthorized use of your account or any other breach of security.
• Comply with all applicable laws, regulations, and our Community Standards Policy.

5. Prohibited Activities

You agree not to engage in any activity that:

• Violates these Terms, the Community Standards Policy, or any other policies applicable to your use of our website.
• Is unlawful, misleading, fraudulent, or discriminatory.
• Infringes on the rights of others, including their intellectual property rights.
• You do not own or have the necessary rights or permissions to share.
• Contains viruses, malware, or any other harmful code.
• Interferes with the operation, security, or integrity of our services or systems.
• Collects data from our website using automated means without our prior written consent.
• Attempts to access data or accounts you are not authorized to access.
• Misuses any reporting, flagging, dispute, or appeals processes by making false or frivolous claims.

We reserve the right to remove or restrict access to any content that violates these provisions and may suspend or terminate your account as described in Section 16.

6. User-Generated Content

Ownership and License

You retain all rights to any content you create and share on Barkulator.com. By submitting content, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purposes of operating and enhancing our services.

Content Guidelines

All user-generated content must adhere to our Community Standards Policy. We reserve the right to review, edit, or remove any content that violates these Terms or our policies.

Content Deletion

You may delete your content at any time. However, residual copies may remain in our backup systems for a reasonable period. We are not responsible for the use of your content by others who have accessed it via our services.

7. User Profiles and Account Management

Profile Creation

By using the dog age calculator or any other utilities on our website, you grant us permission to create a profile on your behalf. This profile may include information such as your dog's name, age, and other relevant details provided during your use of the services.

Claiming Your Profile

You have the option to claim the profile created on your behalf. To claim your profile, follow the instructions provided on the website. If you choose not to claim your profile, it will remain active on the website for approximately two weeks.

Profile Deletion

If you do not claim your profile within approximately two weeks from its creation, we will delete the unclaimed profile without prior notice. Claimed profiles can be managed or deleted by you at any time through your account settings.

Account Security

You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. Notify us immediately of any unauthorized use or suspected breach of security.

8. Privacy Policy

Your privacy is important to us. Our collection and use of personal information is described herein and in the Privacy Policy. By using the website, you consent to the collection and use of information as outlined herein.

9. Information Sharing with Third Parties

We may share user information with reputable third-party pet-friendly companies for promotional purposes. We will not share your information with untrustworthy entities or sell your personal data. By providing your information, you agree that you may be contacted by KC Softworks, LLC or our third-party affiliates for promotional materials, without restriction on the frequency of contact.

10. Communication

By using our website, you consent to receive communications from us via email, SMS, direct messages, or other means regarding your account, promotional offers, or updates to our services. You may opt out of certain communications as specified in our Privacy Policy.

11. Intellectual Property Rights

All content on the website, including text, graphics, logos, images, and software, is the property of KC Softworks, LLC or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent.

If you use content covered by intellectual property rights that we make available (e.g., images, designs), we retain all rights to that content. You must not use our trademarks, service marks, or any similar marks without our express written permission.

12. User Removal and Content Deletion

We reserve the right, at our sole discretion, to remove any user or delete any content that violates these Terms or our Community Standards Policy, without prior notice.

13. Disclaimers

Our website and its content are provided on an "as is" and "as available" basis. We make no warranties or representations of any kind, express or implied, regarding the operation of the website or the information, content, or materials included therein. We do not guarantee that the website will be uninterrupted or error-free.

14. Limitation of Liability

In no event shall KC Softworks, LLC, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the website.

15. Indemnification

You agree to indemnify and hold harmless KC Softworks, LLC, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of or related to your use of the website, violation of these Terms, or infringement of any rights of another.

16. Account Suspension or Termination

We are committed to maintaining a positive and safe community. We may suspend or terminate your access to the website if you:

• Clearly, seriously, or repeatedly violate these Terms or our Community Standards Policy.
• Infringe on others' intellectual property rights.
• Engage in fraudulent or illegal activities.

We may notify you of such actions and provide options to request a review unless prohibited by law or if it could harm our community or services.

17. Third-Party Links

Our website may contain links to third-party websites or services not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party sites. Accessing third-party links is at your own risk.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the website shall be resolved exclusively in the state or federal courts located in Arizona.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, along with Community Standards Policy, constitute the entire agreement between you and KC Softworks, LLC regarding your use of the website and supersede any prior agreements.

21. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

KC Softworks, LLC
Email: casey@ylglaw.com
Address: 4425 E Agave Rd., Suite 110 Phoenix, AZ 85044

Community Standards Policy

Our Community Standards Policy outlines the expectations for user behavior and content on Barkulator.com. By using our website, you agree to adhere to these standards to foster a positive and respectful community focused on pets, particularly dogs.

1. Positive Contributions

We invite you to:

• Share stories, photos, and videos that highlight the joy of owning a dog.
• Provide helpful tips, advice, and resources related to dog care and well-being.
• Engage in respectful discussions about dogs and pet ownership.

2. Respectful Interaction

Please treat all community members with kindness and respect. This includes:

• Using polite and considerate language.
• Honoring differing opinions and perspectives.
• Avoiding personal attacks, harassment, or bullying.

3. Relevant Content

To keep our community focused and valuable, we ask that you:

• Share content that is directly related to dogs or pet ownership.
• Ensure that your contributions align with the theme and purpose of the website.
• Avoid posting irrelevant or off-topic material.

4. Prohibited Content and Activities

The following are not permitted on Barkulator.com:

• Inappropriate Material: Content that is obscene, defamatory, threatening, or otherwise objectionable.
• Illegal Activities: Promotion or discussion of activities that are unlawful.
• Hate Speech: Any content that promotes violence or hatred against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.
• Violence and Harm: Depictions of graphic violence, abuse, or harm toward animals or humans.
• Spam and Advertising: Unsolicited promotions, advertisements, or repetitive postings.
• Malware and Phishing: Uploading or linking to malicious software or attempting to gather personal information under false pretenses.
• Intellectual Property Infringement: Posting content that you do not own or do not have the rights to share.

5. Content Moderation

To preserve the integrity of our community:

• Monitoring: We regularly monitor content to ensure compliance with our Community Standards.
• Removal of Content: Content that violates these standards may be edited or removed without prior notice.
• User Notifications: When appropriate, we may notify users of content removals and provide guidance on how to comply with our policies.
• Account Actions: Repeated or severe violations may result in temporary or permanent suspension of user accounts.

6. Reporting Violations

We encourage you to help us maintain a positive community by:

• Reporting: Using the provided tools to report content or behavior that violates our Community Standards.
• Feedback: Providing constructive feedback to help others improve their contributions.

7. Protecting User Safety

Your safety and the safety of others are paramount:

• Privacy: Do not share personal or sensitive information about yourself or others.
• Exploitation: Content that exploits or endangers minors or animals is strictly prohibited.
• Self-Harm: Posts indicating intent to self-harm or harm others will be addressed promptly, and appropriate actions will be taken, which may include contacting authorities.

8. Intellectual Property Rights

Respect the creative rights of others by:

• Attribution: Giving proper credit when sharing content created by others.
• Permissions: Obtaining necessary permissions before posting content you do not own.
• Original Content: Sharing your own original photos, stories, and creations whenever possible.

9. Changes to the Community Standards

We may update these Community Standards from time to time to reflect changes in our community or services. Significant changes will be communicated through appropriate channels.

Contact Us

If you have any questions or need clarification about our Community Standards, please contact us at:

KC Softworks, LLC
Email: casey@ylglaw.com
Address: 4425 E Agave Rd., Suite 110 Phoenix, AZ 85044

Disclaimer: The Terms and Conditions as well as the Privacy Policy documents are intended to provide general information and do not constitute legal advice. We recommend consulting with a qualified attorney if you have any questions about the Terms and Conditions and/or the Privacy Policy herein.