Whenever you use any services created and/or distributed by BARK AND FESTER LLC, you agree to be bound to all of the terms and conditions of these Terms of Service. If you do not agree, you must not use any of BARK AND FESTER LLC’s services.
- We/we/our/us = BARK AND FESTER LLC
- (The) Service(s)/service(s) = Any service provided by BARK AND FESTER LLC
- Terms/terms = Terms of Service
- User(s)/user(s)/You/you = Any or all users, defined as having registered of the Services
- Guest(s)/guest(s) = Any or all non-registered persons
Changes to the TOS
We also reserve the right to change these terms at any time and we’ll try our best to let you know when changes are made. These changes will never be made maliciously. Part and parcel of starting up something new without many guidelines is that we’re actively figuring things out. In other words, we don’t yet know exactly what needs to be explicitly written here. Thanks for understanding.
Account Information, Security, and Privacy
In using any of our services, users that opt-in to log-in services will be redirected to Facebook, to whom we defer all responsibilities of account information storage, management, and security. We assume that any user of our services has abided by Facebook’s age requirement terms. Guests must be at least 13 or have their guardian’s consent. Please refer to Facebook’s own Terms of Service, found at https://www.facebook.com/policies, for more information.
Users must be responsible for maintaining and remembering their Facebook log-ins to access corresponding accounts to our services. If a user’s Facebook account log-in is lost or forgotten or disabled, etc., their account and game information, including purchases made, will not be accessible.
Using our Services
We’re trying to be on the cutting edge of browser-based games and popular browsers will often have some gaps in support of newer technologies we’d like to use. You must acknowledge that our services might run poorly depending on your internet browser and browser version and that there’s not all that much we can do about it. We’ll do our best to notify users of preferred browsers to use with our services, but we shoot for having working versions on all major browsers.
The same goes for your computer or mobile device hardware specifications. We try to test out and create compatible versions our services on as many devices as possible, but there are always going to be gaps in our testing. If and when your device cannot properly run our services, we are not held responsible for the experience.
Inevitably, we’ll also run into technical problems that can affect your use of our services. This list is incomplete, we’re sure (because, hey, this stuff is Complicated and Hard To Do), but read on to get an idea of what sorts of issues can crop up:
- Services are inaccessible due to, but certainly not limited to, server maintenance and service updates
- Account information is damaged, erased, inaccessible
- Browser/version of browser not supported
- Platform not supported
We will always be as forthright with platform, browser, and hardware compatibility as possible.
Note that because we don’t store any personally identifiable information, whenever something DOES go wrong, you yourself are not at risk of anything other than needing to find another game to play for however long it takes to get things back in working order.
Notices to Users
Users can opt-in to receive e-mail and/or facebook notifications of new services, updates, legal revisions, and all kinds of other BARK AND FESTER LLC -specific stuff. We will NEVER use your notification information for advertising and we will NEVER give your notification information to third-parties.
Users can ALWAYS opt-out of receiving notifications.
Some of our services allow you to upload your own user content in the form of “puzzles” or “levels.” We have no obligation to monitor the subject matter of this content and fully expect lots of dicks. We reserve the right to edit, to refuse the uploading of this content, or to remove and/or delete this content.
Ownership and Very Serious Things
All services owned by BARK AND FESTER LLC are protected by copyright and trademark intellectual property laws. BARK AND FESTER LLC owns or has obtained the rights to use all content that appears in any of its services.
So long as you abide by these terms and intellectual property laws, and use compatible browsers, platforms, and hardware, we’re granting you, the user, use of our services for non-commercial entertainment purposes only. You agree to not use these services for any other purpose.
If you do not abide by these terms, we may take action against you by suspending or permanently barring your access to our services. Don’t do it. Any attempt by you to undermine or manipulate or steal from our services under the protection of copyright and trademark law may be a violation of criminal and civil laws. Don’t do it.
You do not own any virtual items belonging to your account. These virtual items are available for your use so long as you abide by these terms and our services remain operational.
You are not allowed to transfer or exchange virtual items outside of the service for any value outside of the game. This includes real money. We will suspend your account if we find you in violation of this.
Any user content that you upload, while always your property, is automatically licensed by BARK AND FESTER LLC and may be used in marketing and promoting its services.
Any user content that you upload must respect the rights of others. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act and other similar laws that may apply.
Some of our services offer content that is purchasable with actual currency. We use Braintree and Paypal to collect credit card information, to process payments, and to deliver receipts of payment to us before serving purchased content. Again, we do NOT store personal information or credit card information on our servers. All credit card information, if you so choose to store it, is managed by Braintree or Paypal to whom we defer all responsibilities of said information storage and management. Please refer to Braintree’s own Terms of Service, found at https://www.braintreepayments.com/legal, for more information.
Purchased content is generally non-refundable except in cases where payments were made unlawfully or fraudulently, or if the purchased goods were not delivered due to technical error (We will not refund any purchases for any reason after two months have elapsed since time of purchase). If you would like to settle a dispute or problem with a payment on your account, please use the in-app contact system (typically located by the settings menu under the label “SEND US A MESSAGE”) and let us know about your particular case.
We use value-exchange videos to generate revenue and to promote purchasable content of our services. We may offer these videos voluntarily to users in exchange for some in-game reward only. These videos are served by Youtube and we abide by all of Youtube’s terms, to whom we defer the responsibilities of serving and managing all third-party overlay ads, skippable video ads, and non-skippable video ads generated. Please refer to Youtube’s own Terms of Service, found at https://www.youtube.com/t/terms, for more information.
We also use bespoke and served Amazon advertisements, all of which include an HTML reference tag to the Amazon Affiliate Bark and Fester LLC. These ads are never intrusive and we will never insinuate that any user has any obligation to participate in or consume any advertised Amazon services or products.
Please do not use an ad-blocker. If you are found to be using an ad-blocker, your account may be suspended and/or we’ll frown at you through the internet.
Warranty and Liability Disclaimer
BARK AND FESTER LLC does NOT guarantee that their services will be uninterrupted or error-free.
BARK AND FESTER LLC are not liable for things that can go wrong, including, but definitely not limited to:
- Technical errors from use of our services (computer glitches, hardware malfunction, etc.) OR
- the conduct of other users potentially impacting your own use of our services OR
- excessive use of our services; use that might be construed as “addiction.” Please do not forget that there are things that exist outside of video games .
Support Information and Legal Contact
If you have any questions about our Terms of Service, please contact firstname.lastname@example.org.
Please send any Legal Notices to: BARK AND FESTER LLC, 3 Chalford Lane, Scarsdale, NY 10583.