These terms and conditions (the “Terms”) govern your access to and use of Bauwow’s websites (“Site” or “Sites”) and mobile applications (“App” or “Apps”) that link to or reference these Terms, collectively referred to as Bauwow Tools (“Tools”). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Bauwow Ltd., a company incorporated in the United Kingdom (“Bauwow”). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
. The Parties of the Terms of Service:
a. As a user of the Tools you are referred to in all terms of service, privacy statements or content guidelines as “You” or “your”. If you access, browse, scrape, crawl or in any way use the Applications, Sites or Tools you are deemed a “user” of the Tools. An “Activity” or “Activities” refers to any business or commercial entity that access, browse, scrape, crawl or in any way use the Tools. An “Artist” refers to a specific Activity Type that access, browse, scrape, crawl or in any way use the Tools. “We”, “Us” and “Our” refer to Bauwow Ltd.
. The Content of the Tools:
a. Content: “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Tools, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Tools. “Bauwow Content” means Content that we create and make available in connection with the Tools. “Activity Content” means Content that Activities submit or transmit to, through, or in connection with the Tools. “Third Party Content” means Content that originates from parties other than Bauwow or its users, which is made available in connection with the Site. “Tool Content” means all of the Content that is made available in connection with the App, Site or Bauwow Tools, including Your Content, User Content, Activity Content, Third Party Content, and Bauwow Content.
- i. “Your Content” means Content that you submit or transmit to, through, or in connection with the Tools, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile.
- ii. “User Content” means Content that users submit or transmit to, through, or in connection with the Tools.
- iii. “Bauwow Content” means Content that we create and make available in connection with the Tools.
- iv. “Activity Content” means Content that Activities (other than Artists) submit or transmit to, through, or in connection with the Tools.
- v. “Artists Content” means content that originates from activities that have registered with Bauwow as “Artists” in any category.
- vi. “Third Party Content” means Content that originates from parties other than Bauwow or its users, which is made available in connection with the Site.
- vii. “Tool Content” means all of the Content that is made available in connection with the App, Site or Bauwow Tools, including Your Content, User Content, Activity Content, Third Party Content, and Bauwow Content.
b. Use : “Use” means use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, share or prepare derivative works of any Content.
3. USING ANY BAUWOW TOOLS (APPS, SITES or TOOLS)
A. Who Can Use Bauwow Tools?
a. You must be 13 years of age or older to use any of Bauwow’s Apps, Sites or Tools. You also must have the appropriate or requisite authority and power to agree with these Terms. You may not access or use any Bauwow Tools, if you are a competitor of ours, or if we have previously banned you from using Bauwow Tools or closed your account.
B. Who Has Permission To Use Bauwow Apps, Sites, or Tools?
C. What Is A User Account?
D. What Is An Activity Account?
E. What is An Artist Account?
F. What Communications Between Bauwow, Users, and Activities May Occur?
a. By creating an account, you agree to receive certain communications in connection with the Bauwow Tools. For example, you might receive barks or friend requests from other Users, or Promotional Information from Activities in your area. You may also receive our periodic e-mail newsletters or in Tool messages about happenings relevant to your community. You can opt-out of non-essential communications here.
G. Can I Expect Bauwow Tools To Be Available All The Time?
a. Well No, The Bauwow Tools may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
4. EVERYTHING YOU NEED TO KNOW ABOUT CONTENT
A. What Are Your Responsibilities For Your Content Or Your Activities Content?
a. You or Your Activities administrators are singularly responsible for your or Your Activities Content, and once published, it cannot always be withdrawn. You or your activities administrator assume all risks associated with Your Content or Your Activities Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you or your activity of information in Your Content or Your Activity Content that makes you personally identifiable. You represent that you or your activity owns, or has the necessary permissions to use and authorize the use of Your Content or your Activity Content as described herein. You may not imply that Your Content or Your Activities Content is in any way sponsored or endorsed by Bauwow unless separate agreements between your activity and Bauwow are in place. You may expose yourself to liability if, for example, Your Content or your Activities Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Can Bauwow or its Affiliates Use Your User Content, Your Activities Content or Your Artists Content?
– Note “Artists Content” refers to a specific content type and this sub clause (B.a) is not applicable to Artists content.
a. Use of Your “User Content” or “Activities Content”.
We may use Your User Content or Your Activities Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable rights to use Your Content or Your Activities Content for any purpose. Please note that you also irrevocably grant the users of the Tools and any Other Media the right to access Your Content or your Activities Content in connection with their use of the Tools and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Bauwow and its users any claims and assertions of moral rights or attribution with respect to Your Content or Your Activities Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content or Your Activities Content. Sub clause (B.a) is not applicable to “Artists Content”. See Clause (B.b) for specific reference to “Artists Content”.
b. Use of Your “Artists Content”.
No “Artists Content” may be used without crediting the original artist unless an agreement of use of that “Artists Content” is arranged prior to the use of the content, in any form separate to the sharing across social media “Other Media” platforms.We or other users may share ALL content types across other media platforms from the Bauwow tools in accordance to these terms and conditions. All shared content will contain a Bauwow watermark and be identifiable back to the original Bauwow source. Users may share “Artists Content” in connection with their own websites and media platforms (“Other Media”). Please note that you irrevocably grant the users of the Tools and any Other Media the right to access Your Artists Content in connection with their use of the Tools and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Bauwow and its users any claims and assertions of moral rights with respect to Your Artists Content.
C. Who Owns What Content?
a. With respect to you and Bauwow, you own Your Content. We own the Bauwow Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Tool Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Tools excluding Your Content, User Content and Third Party Content, Artist Content or Activity Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Bauwow Content and the Tools, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Bauwow Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Tools and the Bauwow Content are retained by us.
D. Where Might I see Content?
a. We make some of the Tools Content (“News Feed/s”) available via Real Simple Syndication (“RSS”) and Atom feeds. You may access and use the News Feeds in order to display News Feeds on your personal computer, website, or blog (“Your Site/s”), provided that (i) your use of the News Feeds is as agreed with Bauwow in these Terms, (ii) your display of the News Feed Content links back to the relevant pages on Bauwow’s websites or Tools, and attributes Bauwow as the source of the News Feed Content, (iii) your use or display of the News Feed Content does not suggest that Bauwow promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the News Feed Content, and (v) your use of the News Feeds does not overburden Bauwow’s systems. Bauwow reserves all rights to the News Feed Content and may terminate the News Feeds at any time. If you are interested in linking our News Feeds to your sites or apps contact us at email@example.com .
E. What Are My Rights If Advertising Is Displayed Near My Content?
a. Bauwow, its affiliates or licensees may at times publicly display advertisements or any other material adjacent or within your Content. You are not entitled to any compensation or payment for such advertisements. The process, manner, mode, extent or way any such advertising is used is subject to change without any specific notification to you.
F. What Other Issues Do I Need To Know About Content?
a. User Content (including any that may have been created by users employed or contracted by Bauwow) does not necessarily reflect the opinion of Bauwow. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines as stated in these Terms. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
5. WHAT ARE BAUWOW’S GUIDELINES AND POLICIES?
. What Content Can You Upload To Bauwow?
b. Bauwow provides users and activities with a wide range of different ways to deliver content. These include but are not limited to images, messages, barks, reviews, check ins and events. Bauwow is dedicated to building a useful, safe and respectful community of users and activities therefore we expect everyone to respect each other and these guidelines.
c. Bauwow does not tolerate any threats, bullying, trolling, harassement, hate speech or lewdness. Intolerance, disrespect and bigotry of any dimension amongst users or activities is unacceptable behavior and grounds for account access denial.
d. Bauwow relies on the objectiveness of our content and therefore we ask that businesses or users also to remain objective in their reviews of activities, parks or services.
e. Bauwow is a site dedicated to dogs, their owners and the community that surrounds them, therefore lets keep the content relevant and applicable to dogs and the issues that concern us most. Help us build Bauwow into a service that is an advocate for our beloved pets, and upload content that supports this ideal.
f. If you upload images be certain not to take close up images of other people or their dogs unless you get their permission first. Don’t upload content that can be used to specifically identify a person.
g. Be Original, Don’t steal content… It’s not cool. If you see something that infringes any copyright please contact us at firstname.lastname@example.org
6. WHAT ARE THE TERMS FOR ACTIVITY ACCOUNTS OR ADVERTISING?
. What Does An Activity Subscription Entitle You To?
a. When an Activity purchases an advertising subscription or activity account through any of Bauwow’s sites, apps or tools that activity has the possibility to upload additional images and service information. Various activities may also be enabled to have promotions or sales events linked to their activity type. All these Activity Entitlements are detailed in the Activity Subscription General Terms which can be viewed at www.bauwowworld.com/Activityterms
b. Every Activity or commercial entity that sells dogs or cats must be a verified and certified vendor by Bauwow. Bauwow does not support puppy farming, any inhumane act against animals or any process or function of any business or person that puts animals at risk.
7. WHAT IS BAUWOW’S INDEMNITY CLAUSE?
. Indemnity Requirements…
b. You agree to indemnify, defend and hold Bauwow, its directors, subsidiaries or any affiliated or related entity harmless from any claim or demand made by any third party arising out of your access or use of the Bauwow Tools, your violation of these or any other terms, the purchase of any goods or services through the Bauwow Tools or its affiliated entities or any infringement by you or any other party using your account, intellectual property or similar. Bauwow may if necessary at your expense assume exclusive control and defense of any matter for which you are required to indemnify us and you agree to cooperate with all defense requirements of these claims. Bauwow shall use reasonable efforts to notify you of any such claim upon becoming aware of it. No claims may be settled without prior written consent of Bauwow and its affiliates.
8. WHAT IS BAUWOW’S DISCLAIMER AND LIMIT OF LIABILITY?
. Why Is This Important?
b. If you are unsure about any of these terms but especially this section you should seek advice from a legal professional.
THIS SECTION LIMITS THE LIABILITY OF BAUWOW AND ITS AFFILIATES TO YOU. Nothing within these terms is intended to limit any of your rights that cannot be legally limited. PLEASE READ AND UNDERSTAND THAT BY ACCESSING OR USING BAUWOW APPS, SITES OR TOOLS, YOU AUTOMATCIALLY ACCEPT AND UNDERSTAND YOU ARE GIVING UP SIGNIFICANT LEGAL RIGHTS.
. Claims, Obligations, Entitlements and Rights…
a. Bauwow make no claims, promises or obligations with respect to any user, activity or third party listed on the apps, sites or tools. Therefore Bauwow or its entities may not be held liable for any loss or damage that might arise from actions or processes of any user, activity or third party in respect to the apps, sites or tools of Bauwow or its affiliates.
b. As a User or Activity of any Bauwow App, site or tool your sole right and remedy in case you are dissatisfied with any of Bauwow’s services or if you have any other issue or grievance is to terminate your access to the apps, sites or tools.
c. Bauwow expressly disclaims any warranties or guarantees of any products or services that are offered by itself, its affiliates, any third party or any business entity whether they be written or implied.
d. Bauwow’s maximum liability to you or your business for any loss or damages that you may incur due to your connection with the apps, sites or tools of Bauwow is limited to if any to a maximum of £100.
e. Bauwow or its affiliates disclaim any and all liability for any punitive, incidental or consequential damages including loss of profits, business unterruption, reputational harm or information loss that may occur.
9. WHAT IS THE GOVERNING LAW OF THESE TERMS?
- . The law of the United Kingdom governs these terms and any actions or disputes. You agree to submit and consent to this exclusive jurisdiction in the courts of London.
10. WHAT HAPPENS WHEN THESE TERMS ARE CHANGED?
. These terms may be modified or changed at anytime and your access and continued use of the apps, sites and tools is your implied agreement to all these changes. Bauwow may contact you directly for any material changes to these terms, however by using the apps, sites and tools of Bauwow and its affiliates you automatically agree to the revised terms. To review the most up to date terms and policies please go to www.bauwowworld.com/policies
. Any failure by Bauwow or any of its affiliates to exercise or enforce in part or in full these terms, does not or ever will constitute a waiver of these terms or constitute an implied right or provision.
. If any part of these terms is deemed unenforceable that clause or part shall be modified to reflect the parties legal intentions or be eliminated to the extent necessary to enforce the remaining terms.
11. WHAT HAPPENS IF I WANT TO STOP USING BAUWOW?
. You may terminate you account with Bauwow at anytime, however please be aware that any review or comment you have made or any content you have shared may be present in newsfeeds, other peoples content or directly in Bauwow content and may remain even after you terminate your account.
. In the event of any termination of the apps, sites or tools of Bauwow these terms remain in force to the extent of the law of the United Kingdom.
These terms are formatted for your convenience and therefore the “titles” hold little or no legal consequence.