Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Bard mobile app (the "App") or the Bard website available at https://bard.co (the “Website”), (the Website and the App together the “Service”) and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content") Your use of the Services signifies your acceptance of the Terms detailed below and constitutes a legally binding acceptance of this agreement. A minor (being anyone under the age of 13) should seek consent from his or her legal guardian before using the Services. The Services are provided by ROP Labs Inc. (“we”, “us”, and “our”) whose place of business is at 422 Richards St, Suite 170, Vancouver, BC, Canada
Changes to terms
We reserve the right to modify, alter and update the content of these Terms at any time it is your responsibility to check these Terms and Conditions regularly so that you are aware of any such changes. Your continuing use of the Site constitutes your agreement to the changes. The current terms and conditions will be posted here: https://bard.co/terms.
Purpose of the Site
Bard is meant to offer users a platform to create videos for the purposes of satire, parody and humour. While we greatly value people's right to self-expression, you are solely responsible for ensuring that any content you publish complies with the Terms of Service. You acknowledge that Bard is not liable for any defamatory, offensive or illegal conduct or material found in connection with our Services.
The Service allows users to create a remix of videos, either made available by uploading their own video through our uploader or by accessing videos uploaded by other users.
The service can be accessed via the App (by downloading the App), or by accessing via the Website containing the uploader tool that allows users to trim and upload videos to the Bard catalogue
You are solely responsible for your use of the Service and any video, audio, words, information, messages and any other content that you upload to or create via the Service, whether privately transmitted or made publicly available (together, "User Content"). Any User Content is owned and controlled solely by you.
We may, but are not required to monitor or control the User Content posted via the Services and we cannot take responsibility for such User Content. Without limiting the generality of the foregoing, you represent that any User Content you upload or create using tools accessible on the Services does not infringe upon the intellectual property rights of any third party and is otherwise in compliance with all applicable laws, rules and regulations. Any use or reliance on any User Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Bard be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We do not target our Services to users under 13 of age. We may place certain access restrictions in relation to users under 13 years of age. You agree that if you assist users under 13 years old to access our services, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full responsibility and liability for any consequences and that under no circumstances, to the extent permitted by law, will neither we, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the site by users under 13 years of age, even if such party has been advised of the possibility of such damages.
You are responsible for your account with us and any activity that takes place on your account, whether or not such activity was authorized by you. You must ensure that the details you provide to us are correct and kept up to date and that your password is, and remains, secure and confidential. You must inform us of any changes to the details you provided when registering with us. We reserve the right to suspend or remove your account, cancel, reassign or disable your username or password and/or prohibit your use of the Service, without prior notice, if we believe there may have been a breach of security or if activities occur on your account that we believe breach these Terms. Bard cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Rules of Conduct
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, create, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- invades other's privacy or publicity rights or any other third party rights
- are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations; or include information of any kind that may mislead a consumer
- infringes any rights of any party, including but not limited to intellectual property rights such as trademarks, copyrights, trade secrets, designs and patents or any material that may constitute a criminal offense, gives rise to civil liability or violate any state, local, national or international law.
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application of ours or the API), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
You retain your rights to any User Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, Bard needs a license from you. By submitting, posting or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Bard to provide, promote, and improve the Services and to make User Content submitted to or through the Services available to other companies, organizations or individuals who partner with Bard for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by Bard, or other companies, organizations or individuals who partner with Bard, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third party partners. You understand that your User Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit User Content for such use, it may subject you to liability. Bard will not be responsible or liable for any use of your User Content by Bard in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
Your License to Use the Services
Bard gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Bard as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Bard, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding User Content provided by users) are and will remain the exclusive property of Bard and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Bard reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Bard, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Bard respects the intellectual property rights of others and expects users of the Service to do the same.
If you discover any content on the Service that you believe infringes your copyright, please report this to us in writing including the following information: a statement that you have identified content on the Service that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act; a description of the copyright work that you claim has been infringed; a description of the content that you claim is infringing and exact details of where on the Service the content that you claim is infringing was found; your contact information including your full name, address and telephone number and a valid email address on which you can be contacted; a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your notice is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following: a declaration, under penalty of perjury, that you are the owner or authorised to act on behalf of the owner of the exclusive copyright that is allegedly infringed; and your electronic or physical signature (which may be a scanned copy).
Your notice should be sent to us by email to email@example.com
LinksThe Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Bard of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Services are Available "AS-IS"
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Bard DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Bard makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Bard or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BARD EXCEED THE AMOUNT YOU PAID BARD, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BARD HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
These Terms of Service shall be governed by and construed in accordance with the laws of the Vancouver, British Columbia, Canada. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by a court of competent jurisdiction located in Vancouver, British Columbia, Canada.
Effective: October 27 2016