Terms of Use

Welcome to (“The BARKCODE® Site"), owned and operated by Spacious Skies LLC. The following Terms of Use Agreement also known as ("Subscriber Agreement") governs your access to and your use of the Site and the services that are made available to you by BARKCODE®.

Kindly review the entire agreement carefully. By checking the box that appears during the checkout process that says Terms of Use, ("Subscriber Agreement") you enroll online for any of the Services we provide to you, you are electronically signing the Subscriber Agreement and agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.


  Acceptance of Terms:

Customer Service
BARKCODE® dba Spacious Skies LLC
2554 Lincoln Blvd. # 148
Venice, California 90291

    1. Withdrawing Your Consent.

      Withdrawing Your Consent. You have the right at any time to withdraw your consent to have the Subscriber Agreement provided to you in electronic form.
    2. Effect.

      Should you choose to withdraw your consent to have the Subscriber Agreement provided to you in electronic form, you will no longer be enrolled in the Services and you will not be able to access password-protected areas of the Site. We only will re-enroll you in the Services and issue you a new username and password for the Site after we receive a signed copy of a non-electronic version of the Subscriber Agreement and the enrollment form, which we will send to you upon request.
    3. Notice.

      To withdraw your consent and/or request a non-electronic copy of the Subscriber Agreement, please send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. or a letter and self-addressed stamped envelope to:

Customer Service
BARKCODE® dba Spacious Skies LLC
2554 Lincoln Blvd. # 148
Venice, California 90291

    1. Prospective Nature.

      Your withdrawal of consent will be effective within a reasonable time after
      BARKCODE® receives the notice described above, and it will not affect any action taken in reliance on your consent or the continuing enforceability of the Subscriber Agreement.
    2. Access and Retention.

      Access and Retention. In order to access and retain the Subscriber Agreement, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

We ask you to please print a copy of the Subscriber Agreement for your records. To retain an electronic copy of the Subscriber Agreement, you can save it into any word processing program. We will notify you of any changes in the hardware or software requirements that you will need to access or retain the Subscriber Agreement that create a material risk that you will not be able to continue to access or retain it.

Obligations

BARKCODE.com is not responsible for inputting your customer information.

You the Subscriber acknowledge that entering the necessary pet profile information in your pet(s) personal profile page(s) is your sole responsibility. It is also the sole responsibility of the Subscriber, not the Company to "Register" your BARKCODE ID Tag into the web site account.

 

The Company is not responsible for any of the information contained in the Customer's account. The company does not warrant the authenticity or accuracy of the information contained in a Subscriber’s account. The maintenance of accurate and current information in the web site account is the sole responsibility of the Subscriber.

 

The Subscriber will hold Company harmless for any lapse in Service or access to web site account resulting from any force outside of the Company's reasonable control or influence including, but not limited to power outages, Web site hosting interruptions, software problems or termination of the Company.

You are required to comply with all applicable laws in connection with your access to and use of the Site and Services, and such further limitations as may be set forth in any written or on-screen notice from BARKCODE®. As a condition of your access to and use of the Site and Services, you warrant that you will not use the Site or Services for any purpose that is unlawful or prohibited by the Subscriber Agreement. Use of the Site is for your personal and non-commercial use, and Spacious Skies LLC does not grant any express or implied rights to use the Site for any other purpose. 

Data Privacy

You authorize BARKCODE® to collect, use and share your personal information in accordance with the privacy policy of BARKCODE®.   We will NOT sell your information to any third party.


No Professional Advice

The Site is offered as a service to pet owners. Any health-related information supplied through the Site or by any employee or agent of BARKCODE®, whether by telephone, e-mail, letter, facsimile, or other form of communication, is not intended to be a substitute for professional medical advice, diagnosis or treatment, and it is important that you not make medical decisions without first consulting a licensed veterinarian. You should never disregard professional medical advice or delay in seeking such advice because of something you have read on the Site.

IF YOU HAVE A MEDICAL EMERGENCY OR NEED IMMEDIATE MEDICAL TREATMENT FOR YOUR PET, PLEASE CONSULT AN ANIMAL HOSPITAL OR EMERGENCY VETERINARY FACILITY.

Copyrights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content ("Content"), are owned by BARKCODE® or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Except as otherwise indicated, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without BARKCODE’s® prior written consent. Requests for permission to reproduce any Content must be made in writing to:

BARKCODE® dba Spacious Skies LLC
2554 Lincoln Blvd. # 148
Venice, California 90291

Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging, and designs of all BARKCODE® or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to BARKCODE® or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of BARKCODE® or any third party.

Visitor Material

Other than personal information, which is covered under the BARKCODE® Privacy Policy, any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. BARKCODE® does not claim ownership of any information or materials you transmit, distribute post, communicate or store on, to or through the Site. However, by submitting or posting information or material on, to or through the Site, BARKCODE® shall be free to copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of this material.

You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that:

    1. is copyrighted, unless you are the copyright owner;
    2. infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
    3. is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by BARKCODE® in its sole discretion;
    4. constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
    5. contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

By using this site, you understand and agree that BARKCODE® may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that BARKCODE® may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of BARKCODE® or any third party.

Subscription Information

To enroll in any of the Services, you are required to complete a Registration form to subscribe to the Services and obtain access to password-protected areas of the Site. You must complete the registration process by providing us with current, complete and accurate information as prompted by the online enrollment form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BARKCODE® immediately of any unauthorized use of your account or any other breach of security. BARKCODE® will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BARKCODE® or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.


Prohibited Uses Generally

Without limiting the foregoing, you agree not to:

    1. use any incomplete, false or inaccurate biographical information or other information for purposes of subscribing to the Services, or for purposes of registering for any promotions offered through the Site;
    2. delete or revise any material or other information of any other user or BARKCODE®
    3. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
    4. take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
    5. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
    6. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from BARKCODE® on the Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Safari, Firefox and Microsoft Internet Explorer);
    7. allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
    8. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.

You further agree not to violate or attempt to violate the security of the Site, including, without limitation:

    1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
    2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
    3. attempting to interfere with service to any user, host or network.

Violations of system or network security may result in civil or criminal liability. BARKCODE® will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. In accordance with our Privacy Policy, BARKCODE® reserves the right to disclose any information necessary in order to investigate, prevent, or take action regarding illegal activities and to exercise our legal rights under the Subscriber Agreement.

Third-Party Content and Links to Third-Party Web Sites

The Site may contain third-party owned content and links to other websites ("Linked Sites"). BARKCODE® does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of BARKCODE®, and BARKCODE® is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. BARKCODE® is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by BARKCODE® in favor of any third party. BARKCODE® may, in its sole discretion, review content posted to the Site by third parties. However, BARKCODE® has no obligation to review or maintain third-party postings to the Site, and may change or remove such postings at any time.

Notice of Copyright Infringement

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide BARKCODE®s Copyright Agent with the following information:

    1. identification of the copyrighted work claimed to have been infringed;
    2. identification of the allegedly infringing material on the Site that is requested to be removed;
    3. your name, address, and daytime telephone number, and an e-mail address if available, so that BARKCODE® may contact you if necessary;
    4. a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
    5. a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
    6. an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

For notice of claims of copyright infringement on the Site contact Kim Capria who can be reached as follows:

BARKCODE® dba Spacious Skies LLC
2554 Lincoln Blvd. # 148
Venice, California 90291

BARKCODE® will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

Disclaimer of Warranties

WHILE BARKCODE® TAKES REASONABLE STEPS TO ENSURE THAT THE INFORMATION ON THE SITE IS CORRECT, BARKCODE® DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIAL ON THE SITE. BARKCODE® MAY MAKE CHANGES TO THE MATERIAL ON THE SITE, OR TO THE PRODUCTS AND PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THE SITE MAY BE OUT OF DATE, AND BARKCODE® MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL.

THE SERVICES AND THE SITE ARE PROVIDED "AS IS." BARKCODE® MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICES, THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. BARKCODE® DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BARKCODE® DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY BARKCODE®, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY BARKCODE® OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

BARKCODE® MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND SPACIOUS SKIES LLC DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

BARKCODE® MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THIRD-PARTY CONTENT OR CONTENT ON LINKED SITES. ANY AND ALL PRICING, DELIVERY, OR CONTRACT INFORMATION IS SUBJECT TO FINAL CONFIRMATION BY BARKCODE®. YOUR RELIANCE ON SUCH INFORMATION PROVIDED SOLELY THROUGH THE SITE IS AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT WILL BARKCODE® OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE, SERVICES, OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO OR ARISING FROM, OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOU RELEASE BARKCODE® FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if BARKCODE® has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, BARKCODE® liability in such jurisdictions shall be limited to the extent permitted by law.

The Company is not liable for any loss of property, nor for the loss of any animal. The Subscriber will hold the Company harmless for any damages, real or perceived, incurred by the Subscriber as a result of owning an animal, or purchasing BARKCODE® ID Tags and purchasing the service from the Company. Owning an ID tag and purchasing service from the Company is not a guarantee of animal safety, return, or health. Subscriber acknowledges that the Company has no control, influence or responsibility for the care for any animal.

  Limited Responsibility for Lost and Found Reporting

The Company does not guarantee that any lost animal will be found. The Company does not employ any contracted service for the purpose of searching for lost animals. No agent of the Company is obligated to take an active role in searching for any animal.

The Company shall have no responsibility to make arrangements for the return of any Animal. The Company's only responsibility is to maintain a website and database of Subscriber's contact and pet information.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BARKCODE® AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE AND SERVICES FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE SUBSCRIBER AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT.

Choice of Law and Forum

The Subscriber Agreement is subject to the laws of the State of California. If there is any dispute between us concerning the Subscriber Agreement or your access to or use of the Site or Services, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be California.

Termination

BARKCODE® reserves the right, in its sole discretion, to terminate your access to and use of the Site and Services, with or without notice. Sections 4, 7, 8, 14, 15, and 16 of the Subscriber Agreement shall survive termination.

No Waiver

The failure of BARKCODE® to enforce any provisions of the Subscriber Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Subscriber Agreement or to act with respect to similar breaches.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BARKCODE® as a result of the Subscriber Agreement or your access to and use of the Site and Services. A printed version of the Subscriber Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Subscriber Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Subscriber Agreement constitutes the entire agreement between you and BARKCODE® and governs your use of the Site and Services. If any portion of the Subscriber Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. 

By using the Site or the Service you represent and warrant that you are 16 years or older, and that you agree to and to abide by the terms and conditions of this Agreement. In consideration of your use of the Site, you agree to provide accurate, current and complete information; and to be fully responsible for all use of your pet’s profile and for any actions that take place using your pet’s profile. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site or the Service. In addition, it is your sole responsibility to check the Site on a regular basis in order to determine if there have been changes to these Terms of Use and to review such changes. You are solely responsible for any interactions with other BARKCODE
® Pet Profile users. We reserve the right, but are without obligation, to monitor disputes between you and other users. The Company, BARKCODE® may delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 16 years of age, or that you are not being supervised by an adult parent while using the Online Pet Profiles.

While using BARKCODE’s
® Online Pet Profiles you may not upload, post, transmit, share, store or otherwise make available any content that we, the Company deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;  you may not harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; you may not solicit personal information from anyone under 18 year of age or attempt to intimidate or harass another. No Spamming or Advertising. Please report any Spamming so we can take action. Report it to This email address is being protected from spambots. You need JavaScript enabled to view it.

BARKCODE® is a registered trademark of Spacious Skies LLC or affiliated companies or licensors and is protected by Copyrights, Trademark and other intellectual property laws. Pet Profiles and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, of the Company in the U.S. and/or other countries. Company's trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Copyright © 2009 Spacious Skies LLC All rights reserved.

Please report any abusive language or conduct to This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Terms of Use

Welcome to (“The BARKCODE® Site"), owned and operated by Spacious Skies LLC. The following Terms of Use Agreement also known as ("Subscriber Agreement") governs your access to and your use of the Site and the services that are made available to you by BARKCODE®.

Kindly review the entire agreement carefully. By checking the box that appears during the checkout process that says Terms of Use, ("Subscriber Agreement") you enroll online for any of the Services we provide to you, you are electronically signing the Subscriber Agreement and agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.


1.    Acceptance of Terms:

Customer Service
BARKCODE® dba Spacious Skies LLC
2554 Lincoln Blvd. # 148
Venice, California 90291

        Withdrawing Your Consent.

        Withdrawing Your Consent. You have the right at any time to withdraw your consent to have the Subscriber Agreement provided to you in electronic form.
        Effect.

        Should you choose to withdraw your consent to have the Subscriber Agreement provided to you in electronic form, you will no longer be enrolled in the Services and you will not be able to access password-protected areas of the Site. We only will re-enroll you in the Services and issue you a new username and password for the Site after we receive a signed copy of a non-electronic version of the Subscriber Agreement and the enrollment form, which we will send to you upon request.
        Notice.

        To withdraw your consent and/or request a non-electronic copy of the Subscriber Agreement, please send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. or a letter and self-addressed stamped envelope to:

Customer Service
BARKCODE® dba Spacious Skies LLC
2554 Lincoln Blvd. # 148
Venice, California 90291

        Prospective Nature.

        Your withdrawal of consent will be effective within a reasonable time after BARKCODE® receives the notice described above, and it will not affect any action taken in reliance on your consent or the continuing enforceability of the Subscriber Agreement.
        Access and Retention.

        Access and Retention. In order to access and retain the Subscriber Agreement, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

We ask you to please print a copy of the Subscriber Agreement for your records. To retain an electronic copy of the Subscriber Agreement, you can save it into any word processing program. We will notify you of any changes in the hardware or software requirements that you will need to access or retain the Subscriber Agreement that create a material risk that you will not be able to continue to access or retain it.

    Obligations

BARKCODE.com is not responsible for inputting your customer information.

You the Subscriber acknowledge that entering the BARKCODE ID Tag serial number into the web site account is the sole responsibility of the Subscriber, not the Company.

 

The Company is not responsible for any of the information contained in the Customer's account. The company does not warrant the authenticity or accuracy of the information contained in a Subscriber’s account. The maintenance of accurate and current information in the web site account is the sole responsibility of the Subscriber.

 

The Subscriber will hold Company harmless for any lapse in Service or access to web site account resulting from any force outside of the Company's reasonable control or influence including, but not limited to power outages, Web site hosting interruptions, software problems or termination of the Company.

You are required to comply with all applicable laws in connection with your access to and use of the Site and Services, and such further limitations as may be set forth in any written or on-screen notice from BARKCODE®. As a condition of your access to and use of the Site and Services, you warrant that you will not use the Site or Services for any purpose that is unlawful or prohibited by the Subscriber Agreement. Use of the Site is for your personal and non-commercial use, and Spacious Skies LLC does not grant any express or implied rights to use the Site for any other purpose.

    Data Privacy

You authorize BARKCODE® to collect, use and share your personal information in accordance with the privacy policy of BARKCODE® We will NOT sell your information to any third party.

    Billing Terms

When you enroll in the Service, you authorize BARKCODE® to charge your credit card for the annual subscription fee stated on the enrollment and authorization form for the Services, as well as for any and all other fees you may incur in connection with your utilization of the Services. You further authorize BARKCODE® to charge your credit card automatically on a recurring annual basis for the then current subscription/membership fee. BARKCODE® will advise you by electronic mail or in writing at least ten (10) days in advance of the renewal date of any change in the subscription fee. You understand that, once charged, subscription fees for the Services are non-refundable. You agree and represent that all information you provide for the purpose of enrolling in the Services is accurate, complete and current, and you agree to notify BARKCODE® of any changes to your credit card information, including changes in billing address and expiration dates. If BARKCODE® does not receive payment from the issuer of your credit card, you agree to pay all amounts due upon demand directly to BARKCODE®, and BARKCODE® further reserves the right to either suspend or terminate your subscription in such circumstances. In the event of any failure by you to make payment, you will be responsible for all reasonable expenses (including attorneys' fees) incurred by BARKCODE® in collecting such amounts. In the event you supply a promotion code for the purpose of obtaining a discounted subscription fee, BARKCODE® will determine your eligibility for such discount. Any such determination by BARKCODE® shall be in BARKCODE’s® sole discretion. In the event you supply a promotion code and BARKCODE® determines that you are ineligible for the discounted subscription fee, you will be charged the non-discounted subscription fee stated on the authorization form. You understand that you may terminate this authorization at any time by calling BARKCODE® at 1-888-272-1220. Any such termination will become effective within three (3) business days after BARKCODE® receives your call, and it will not affect any action taken in reliance on your consent or the continuing enforceability of the Subscriber Agreement.

Key terms include: First Year Subscription/Membership is included with the price of your BARKCODE® Pet ID Tag.

Annual Premium: The amount of $9.95 for the first and up to and including 5 pets per household. Pricing does not offer proration. Pricing is subject to change with advanced customer notification.

Pricing:

First Year Subscription/Membership is included with the price of your BARKCODE® Pet ID Tag.

At the start of your second year, you will be billed the annual premium based on the terms of your subscription/membership. For the first and/or up to your fifth pet registered the annual premium is $9.95. When you register six to ten pets an additional $9.95 will be charged on an annual basis to your account to be billed each year pricing does not offer proration.  See the Pricing Options section on our website for complete details.

No Professional Advice

The Site is offered as a service to pet owners. Any health-related information supplied through the Site or by any employee or agent of BARKCODE®, whether by telephone, e-mail, letter, facsimile, or other form of communication, is not intended to be a substitute for professional medical advice, diagnosis or treatment, and it is important that you not make medical decisions without first consulting a licensed veterinarian. You should never disregard professional medical advice or delay in seeking such advice because of something you have read on the Site.

IF YOU HAVE A MEDICAL EMERGENCY OR NEED IMMEDIATE MEDICAL TREATMENT FOR YOUR PET, PLEASE CONSULT AN ANIMAL HOSPITAL OR EMERGENCY VETERINARY FACILITY.

    Copyrights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content ("Content"), are owned by BARKCODE® or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Except as otherwise indicated, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without BARKCODE’s® prior written consent. Requests for permission to reproduce any Content must be made in writing to:

BARKCODE® dba Spacious Skies LLC
2554 Lincoln Blvd. # 148
Venice, California 90291

Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging, and designs of all BARKCODE® or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to BARKCODE® or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of BARKCODE® or any third party.

    Visitor Material

Other than personal information, which is covered under the BARKCODE® Privacy Policy, any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. BARKCODE® does not claim ownership of any information or materials you transmit, distribute post, communicate or store on, to or through the Site. However, by submitting or posting information or material on, to or through the Site, BARKCODE® shall be free to copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of this material.

You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that:

        is copyrighted, unless you are the copyright owner;
        infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
        is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by BARKCODE® in its sole discretion;
        constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
        contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

By using this site, you understand and agree that BARKCODE® may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that BARKCODE® may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of BARKCODE® or any third party.

    Subscription Information

To enroll in any of the Services, you are required to complete a Registration form to subscribe to the Services and obtain access to password-protected areas of the Site. You must complete the registration process by providing us with current, complete and accurate information as prompted by the online enrollment form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BARKCODE® immediately of any unauthorized use of your account or any other breach of security. BARKCODE® will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BARKCODE® or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

    Prohibited Uses Generally

Without limiting the foregoing, you agree not to:

        use any incomplete, false or inaccurate biographical information or other information for purposes of subscribing to the Services, or for purposes of registering for any promotions offered through the Site;
        delete or revise any material or other information of any other user or BARKCODE®
        harvest or otherwise collect information about others, including e-mail addresses, without their consent;
        take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
        use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
        use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from BARKCODE® on the Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Safari, Firefox and Microsoft Internet Explorer);
        allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
        attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.

You further agree not to violate or attempt to violate the security of the Site, including, without limitation:

        accessing data not intended for you or logging into a server or account that you are not authorized to access;
        attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
        attempting to interfere with service to any user, host or network.

Violations of system or network security may result in civil or criminal liability. BARKCODE® will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. In accordance with our Privacy Policy, BARKCODE® reserves the right to disclose any information necessary in order to investigate, prevent, or take action regarding illegal activities and to exercise our legal rights under the Subscriber Agreement.

    Third-Party Content and Links to Third-Party Web Sites

The Site may contain third-party owned content and links to other websites ("Linked Sites"). BARKCODE® does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of BARKCODE®, and BARKCODE® is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. BARKCODE® is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by BARKCODE® in favor of any third party. BARKCODE® may, in its sole discretion, review content posted to the Site by third parties. However, BARKCODE® has no obligation to review or maintain third-party postings to the Site, and may change or remove such postings at any time.

    Notice of Copyright Infringement

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide BARKCODE®’s Copyright Agent with the following information:

        identification of the copyrighted work claimed to have been infringed;
        identification of the allegedly infringing material on the Site that is requested to be removed;
        your name, address, and daytime telephone number, and an e-mail address if available, so that BARKCODE® may contact you if necessary;
        a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
        a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
        an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

For notice of claims of copyright infringement on the Site contact Kim Capria who can be reached as follows:

BARKCODE® dba Spacious Skies LLC
2554 Lincoln Blvd. # 148
Venice, California 90291

BARKCODE® will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

    Disclaimer of Warranties

WHILE BARKCODE® TAKES REASONABLE STEPS TO ENSURE THAT THE INFORMATION ON THE SITE IS CORRECT, BARKCODE® DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIAL ON THE SITE. BARKCODE® MAY MAKE CHANGES TO THE MATERIAL ON THE SITE, OR TO THE PRODUCTS AND PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THE SITE MAY BE OUT OF DATE, AND BARKCODE® MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL.

THE SERVICES AND THE SITE ARE PROVIDED "AS IS." BARKCODE® MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICES, THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. BARKCODE® DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BARKCODE® DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY BARKCODE®, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY BARKCODE® OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

BARKCODE® MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND SPACIOUS SKIES LLC DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

BARKCODE® MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THIRD-PARTY CONTENT OR CONTENT ON LINKED SITES. ANY AND ALL PRICING, DELIVERY, OR CONTRACT INFORMATION IS SUBJECT TO FINAL CONFIRMATION BY BARKCODE®. YOUR RELIANCE ON SUCH INFORMATION PROVIDED SOLELY THROUGH THE SITE IS AT YOUR OWN RISK.

    Limitation of Liability

IN NO EVENT WILL BARKCODE® OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE, SERVICES, OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO OR ARISING FROM, OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOU RELEASE BARKCODE® FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if BARKCODE® has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, BARKCODE® liability in such jurisdictions shall be limited to the extent permitted by law.

The Company is not liable for any loss of property, nor for the loss of any animal. The Subscriber will hold the Company harmless for any damages, real or perceived, incurred by the Subscriber as a result of owning an animal, or purchasing BARKCODE® ID Tags and purchasing the service from the Company. Owning an ID tag and purchasing service from the Company is not a guarantee of animal safety, return, or health. Subscriber acknowledges that the Company has no control, influence or responsibility for the care for any animal.
 
 
Limited Responsibility for Lost and Found Reporting

The Company does not guarantee that any lost animal will be found. The Company does not employ any contracted service for the purpose of searching for lost animals. No agent of the Company is obligated to take an active role in searching for any animal.

The Company shall have no responsibility to make arrangements for the return of any Animal. The Company's only responsibility is to maintain a website and database of Subscriber's contact and pet information.

    Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BARKCODE® AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE AND SERVICES FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE SUBSCRIBER AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT.

    Choice of Law and Forum

The Subscriber Agreement is subject to the laws of the State of California. If there is any dispute between us concerning the Subscriber Agreement or your access to or use of the Site or Services, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be California.

    Termination

BARKCODE® reserves the right, in its sole discretion, to terminate your access to and use of the Site and Services, with or without notice. Sections 4, 7, 8, 14, 15, and 16 of the Subscriber Agreement shall survive termination.

    No Waiver

The failure of BARKCODE® to enforce any provisions of the Subscriber Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Subscriber Agreement or to act with respect to similar breaches.

    Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BARKCODE® as a result of the Subscriber Agreement or your access to and use of the Site and Services. A printed version of the Subscriber Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Subscriber Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Subscriber Agreement constitutes the entire agreement between you and BARKCODE® and governs your use of the Site and Services. If any portion of the Subscriber Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

By using the Site or the Service you represent and warrant that you are 16 years or older, and that you agree to and to abide by the terms and conditions of this Agreement. In consideration of your use of the Site, you agree to provide accurate, current and complete information; and to be fully responsible for all use of your pet’s profile and for any actions that take place using your pet’s profile. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site or the Service. In addition, it is your sole responsibility to check the Site on a regular basis in order to determine if there have been changes to these Terms of Use and to review such changes. You are solely responsible for any interactions with other BARKCODE® Pet Profile users. We reserve the right, but are without obligation, to monitor disputes between you and other users. The Company, BARKCODE® may delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 16 years of age, or that you are not being supervised by an adult parent while using the Online Pet Profiles.

While using BARKCODE’s® Online Pet Profiles you may not upload, post, transmit, share, store or otherwise make available any content that we, the Company deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;  you may not harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; you may not solicit personal information from anyone under 18 year of age or attempt to intimidate or harass another. No Spamming or Advertising. Please report any Spamming so we can take action. Report it to This email address is being protected from spambots. You need JavaScript enabled to view it.

BARKCODE® is a registered trademark of Spacious Skies LLC or affiliated companies or licensors and is protected by Copyrights, Trademark and other intellectual property laws. Pet Profiles and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, of the Company in the U.S. and/or other countries. Company's trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Copyright © 2009 Spacious Skies LLC All rights reserved.

Annual Fee: You the Subscriber agree to an annual fee of $9.95 per year, for the first pet and up to and including the fifth pet tag ordered and registered.   Any additional pet after the fifth pet will be considered six to ten pets will be an additional $9.95 per year for a pet registered at the same address.

Please report any abusive language or conduct to This email address is being protected from spambots. You need JavaScript enabled to view it.

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