Terms of Use
for BarkWithWonder.com

1. Application and Acceptance of this Agreement

 

The Terms of Use, together with our Privacy Notice and any additional guidelines, terms, procedures, or rules applicable to specific features of the Digital Services provided by Sunny Days Media or its affiliates ("we", "us", "our", or "Sunny Days Media"), constitute a legally binding electronic contract between you ("you", "your", or "yourself") and Sunny Days Media (the "Agreement"). This Agreement outlines the terms under which you are permitted to access and use the Digital Services. It is applicable exclusively to Sunny Days Media and its affiliates and does not extend to other entities, including third parties that might advertise or sponsor content, products, or services on the Digital Services, nor to third-party platforms (like social media platforms or app stores) or other channels through which you might access the Digital Services or any Content (as defined below).

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The Digital Services and Content are provided for informational, discussion, and entertainment purposes only. "Content" encompasses all materials such as information, data, text, photos, videos, audio clips, articles, comments, software, scripts, graphics, and interactive features available through the Digital Services. We do not claim that the information or services are accurate, complete, or endorse any opinions presented by users. THE DIGITAL SERVICES AND CONTENT ARE OFFERED ON AN "AS IS" BASIS, AND ANY USE OR RELIANCE ON THEM IS AT YOUR SOLE RISK. WE DISCLAIM ANY LIABILITY FOR OUTCOMES ARISING FROM YOUR USE OF OR RELIANCE ON THE DIGITAL SERVICES OR ANY CONTENT PROVIDED.

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2. Privacy Notice

 

When you access or use the Digital Services, we may collect information about you. We handle your information according to our Privacy Notice, outlining how we manage your data and the options available to you regarding its collection and use. We encourage you to review our Privacy Notice carefully. The Privacy Notice is an integral part of this Agreement.

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3. Accuracy of Your Information & Communication Methods

 

You must ensure that any information you provide through the Digital Services, including but not limited to account creation, registration, or membership, is truthful, accurate, and up-to-date. You are responsible for keeping this information current. If we suspect that the information you've provided is not accurate, truthful, or current, we reserve the right to terminate, suspend, or restrict your access to the Digital Services.

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Communications regarding your use of the Digital Services, such as payment authorizations, invoices, changes to your password or payment method, confirmation messages, and notices, will be sent to you in electronic form only. This may include emails sent to the address you provided upon registration. You agree that any legal communication requirements can be satisfied through these electronic communications, including the requirement for such communications to be in writing.

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4. Age Eligibility and Legal Capacity

 

The Digital Services are not designed for children, particularly those under 13 years of age. If you are under 13, please do not use the Digital Services or submit any information to us.

By using the Digital Services, you affirm that you are legally capable of entering into this Agreement and adhering to its terms. Minors who have not reached the age required to form contracts in their jurisdiction must have this Agreement reviewed by a parent or guardian. If your parent or guardian disagrees with this Agreement, then you may not use the Digital Services.

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5. Username, Password and Other Credentials

 

You must keep your username, password, and any other access credentials (collectively, “Credentials”) confidential to access the Digital Services or specific sections of it. We cannot be held liable for any misuse of your Credentials by third parties, regardless of whether they were authorized by you. If you suspect or know of any unauthorized use of your Credentials or any other security breach, you must promptly inform Sunny Days Media. We are not accountable for any losses or damages arising from unauthorized Credential use or from not adhering to the terms of this Agreement.

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6. Intellectual and Other Proprietary Rights

 

Your use of the Digital Services and Content is limited to personal, non-commercial purposes. The rights we grant you under this Agreement come with the following limitations:

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• The Digital Services contain Content that includes materials owned by Sunny Days Media, its licensors, or third parties. Sunny Days Media retains all rights, including copyrights, trademarks, patents, and all other intellectual and proprietary rights globally connected to the Digital Services and Content, except for User Content (as defined below) that you may provide.

• You recognize the validity of Sunny Days Media's intellectual and proprietary rights in the Digital Services and Content. Your engagement with the Digital Services is confined to accessing, viewing, and downloading Content as permitted by Sunny Days Media. This Agreement does not transfer any intellectual property rights to you, apart from the limited rights explicitly granted to you herein.

• You are prohibited from removing, altering, or bypassing any copyright, trademark, or proprietary notices on the Digital Services or Content. This also applies to any digital rights management or content protection measures. Modifying, creating derivative works from, disassembling, reverse compiling, or reverse engineering any part of the Digital Services (including software) or Content is not allowed, whether done directly or through devices, software, or other means.

• Directly or indirectly copying, downloading, streaming, reproducing, duplicating, archiving, distributing, uploading, publishing, modifying, translating, broadcasting, performing, displaying, selling, transmitting, or retransmitting the Digital Services or Content without explicit written permission from Sunny Days Media is prohibited. You cannot embed the Digital Services or Content into other media or applications, use frames or in-line links, or mask the Digital Services or Content with third-party content or branding. The use of bots, spiders, crawlers, or other data gathering and extraction tools, whether automated or manual, to access or aggregate the Digital Services or Content is forbidden. Actions that overload the Digital Services or its infrastructure are not allowed.

• Creating a business or commercial venture using any part of the Digital Services or Content, reselling, redistributing, or creating derivative works for commercial purposes is not permitted.

• If we provide the Digital Services or Content through widgets, embedded players, or other technologies that enable embedding or streaming on other services, altering, enhancing, removing, or otherwise changing any part of such technologies or any content protection measures associated with the Content is prohibited.

• You may not bypass, disable, or interfere with any technology that allows viewing the Digital Services or Content without showing all surrounding elements and maintaining access to full functionality, including video quality, display features, and interactive functionality.

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Any updates, new features, or enhancements to the Digital Services or Content will be governed by this Agreement. You must keep all copyright and proprietary notices intact on any copies of Digital Services content or materials. Using the Digital Services (including its content or materials) in ways not authorized by this Agreement is not allowed and may infringe on copyright and trademark laws.

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If you offer any suggestions, ideas, or feedback to Sunny Days Media about improving or your experience with the Digital Services ("Feedback"), you transfer all rights in the Feedback to Sunny Days Media. Sunny Days Media has the freedom to use this Feedback in any way it chooses. Sunny Days Media will consider any Feedback you provide as non-confidential and non-proprietary. You agree not to provide Sunny Days Media with any information or ideas that you regard as confidential or proprietary.

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7. User Content

 

"User Content" refers to all types of content submitted to or used with the Digital Services by users, such as photos, videos, text, and files, but does not include Feedback. You are solely responsible for your User Content, including its reliability and the risk of disclosing information that could identify you or others. You cannot claim or imply that your User Content is sponsored or endorsed by Sunny Days Media. You bear all responsibility for your User Content, including data backup, and may be liable for any issues it causes. Sunny Days Media is not liable for inaccuracies or problems in User Content.

You grant Sunny Days Media a worldwide, irrevocable, non-exclusive, royalty-free license to use your User Content in various ways, including sublicensing, and you waive any moral rights or rights to attribution.

Sunny Days Media does not control User Content and is not responsible for its accuracy, quality, or legality. Interactions with other users are your responsibility, and Sunny Days Media is not liable for any resulting harm. Sunny Days Media is not obliged to intervene in disputes between users. While other users may post negative comments about your User Content, Sunny Days Media is not required to monitor or remove such comments but reserves the right to do so at its discretion.

 

8. User Submissions

 

Unsolicited Submissions

 

By providing information or User Content through emails, Q&A sessions, blogs, forums, polls, or any other form of user-generated submissions, you consent to our use of such content, including your name and stories, in articles, features, or other publications on the Digital Services, as well as in advertising or sponsored content. If you share personal anecdotes, they may be credited to you. Sunny Days Media reserves the right to edit, rewrite, utilize, and repurpose User Content, along with your name, likeness, photographs, and biographical details, with or without giving you credit. This might include their publication on the Digital Services, in our various publications, or within advertising or sponsored content.

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Invited Submissions

 

Occasionally, the Digital Services may explicitly request submissions of ideas, stories, or other potential content from you (“Invited Submissions”). It is important to review any specific rules or terms provided with these requests, as they will dictate the handling of your submissions and can impact your legal rights. In the absence of such specific terms, this Agreement governs all Invited Submissions. PLEASE BE AWARE, ANY CONTENT YOU PROVIDE TO US WILL BE CONSIDERED NON-CONFIDENTIAL. Despite any customary practices in the industry, we do not offer compensation for any content you submit to the Digital Services.

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9. Enforcement

 

Upon discovering any user’s breach of this Agreement or infringement upon third-party rights, we reserve the right to deny access to the Digital Services to any individual or entity and modify eligibility criteria at any time.

Should we identify a user repeatedly violating third-party proprietary rights, we may terminate their access to the Digital Services. We hold the right (but not the obligation) to review, investigate, and take suitable action against you at our discretion. Actions may include removing or altering your User Content, terminating your Digital Services access (including any accounts, registrations, or memberships), initiating legal proceedings, and/or reporting you to law enforcement. If we choose to modify User Content, we still do not assume responsibility for it.

We reserve the authority to probe into suspected breaches of this Agreement, which may stem from any User Content, postings, or emails on or through the Digital Services. We may seek information from and about the user suspected of violation and other users. We may suspend users under investigation, remove questionable material from our servers without notice, and take other necessary actions if we believe an Agreement violation has occurred. This includes modifying or removing content, canceling posts, issuing warnings, suspending or terminating accounts, and other corrective measures deemed appropriate. We may collaborate with law enforcement or comply with court orders to reveal the identity of individuals involved in violations.

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BY AGREEING TO THIS AGREEMENT, YOU RELEASE Sunny Days Media (and its affiliates, officers, directors, employees, contractors, and agents) FROM ANY CLAIMS ARISING FROM ANY ACTIONS TAKEN BY THE COMPANY DURING ITS INVESTIGATIONS OR AS A RESULT OF THE INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT.

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10. Your Conduct and Responsible Use of the Digital Services

 

Please use the Digital Services responsibly. Adherence to the following rules is a condition of your access and use:

• No Criminal or Unlawful Conduct: Your use of the Digital Services and Content must be lawful and in line with this Agreement, as well as all applicable laws and third-party rights. Encouraging illegal activities or conduct that could result in legal liability is prohibited.

• Lawful and Appropriate Materials: Do not upload, post, or distribute any content that is illegal, harmful, abusive, harassing, defamatory, obscene, invasive of privacy, or otherwise objectionable, including sexually explicit or harmful content towards minors or content that discriminates against individuals or groups based on religion, gender, sexual orientation, race, ethnicity, age, or disability. Engaging in or distributing unlawful content can expose you to criminal and/or civil liability.

• Ownership of Content: Any content you distribute must be your own and must not infringe on any third party's rights, including copyrights, trademarks, and patents. You are responsible for proving the lawfulness of your content if challenged. All content you provide is at your risk, and you must manage any compensation or disclosures related to your content.

• No Collection of Personal Information: Collecting personal information about other users without their explicit consent, whether manually or through automated means, is forbidden. This includes using personal information for unauthorized advertising or solicitation. Engaging in spamming, sending mailbombs, or any activity that adversely affects the Digital Services' use is prohibited.

• No Bullying or Impersonation: Threatening, abusing, or invading the privacy of any user or third party via the Digital Services is not allowed. Impersonating individuals or falsely representing your affiliation with any entity, including Sunny Days Media, is prohibited. Do not interfere with others' use of the Digital Services.

• No System Abuse: Introducing viruses or disruptive code, or attempting to disrupt or damage the Digital Services or any online service is forbidden. You must not interfere with or overload the Digital Services' infrastructure.

• No Security Violations: Compromising security or tampering with the Digital Services, accounts, systems, or networks is strictly prohibited. Distributing tools for compromising security or engaging in security breaches will lead to disclosure of your details to authorities for investigative purposes.

 

We reserve the right to require proof of compliance with these rules at any time. Any violation may result in suspension or termination of your access to the Digital Services, legal action, or other measures as deemed appropriate.

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11. Availability of and Modification to the Digital Services and Content

 

We cannot guarantee that the Digital Services or any Content will always be available. We reserve the right to change, modify, suspend, discontinue, or adjust any aspect of the Digital Services or Content at any moment, with or without notifying you. You acknowledge that Sunny Days Media holds no liability to you or any third party should there be any changes, pauses, or cessation of the Digital Services, Content, or any component of it.

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12. Purchases

 

a).Purchases

We may make certain products, features and services available for purchase or download (“Purchases”) on or through the Digital Services. You agree to pay any applicable fees for any Purchases you make, including, without limitation, any applicable sales, uses or similar taxes or charges. Certain products, fee-based services or features that you purchase, access or download via the Digital Services may be subject to additional terms and conditions presented to you at the time of purchase, access or download.

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b) Digital Membership Products

This section governs the sale of digital membership and/or subscription products (“Digital Membership Products”). The Digital Membership Products include all or portions of a Digital Service that offers such Digital Membership Products. You are not required to purchase anything for certain limited uses of the Digital Services. However, if you do not purchase a Digital Membership Product, your access to certain content and services will be limited or restricted.

• Overview. We reserve the right to modify the content, type and availability of any Digital Membership Product at any time. Additionally, we reserve the right to change or terminate any offered subscriptions or promotions at any time. For details about your purchases of Digital Membership Products, including payment methods and billing cycles, email us at barkwithwonder@gmail.com or login to your user account for the relevant Digital Membership Product if you have created one. When you make a one-time purchase of a Digital Membership Product (for example, a 30 day subscription or standalone product such as an article from our archives or a gift subscription), we will charge or debit your payment method at the time of purchase.

• Auto-renewing Subscription. Unless you cancel your Digital Membership Product, it will be automatically renewed at the end of each subscription term, at the rate(s) then in effect. You will receive an auto-renewal reminder notice with the then current rate(s) (i) 5 days prior to charging your credit/debit card/3rd party payment account for a monthly Digital Membership Product and (ii) 30 days prior to charging your credit/debit card/3rd party payment account for an annual Digital Membership Product. You may opt out of the automatic renewal at any time by contacting customer service at barkwithwonder@gmail.com and (i) your monthly Digital Membership Product will continue until the end of the then current month and (ii) your annual Digital Membership Product will continue until the effective date of your cancellation and you will receive a pro-rated refund for all remaining months.

• Recurring Billing. By placing an order for a Digital Membership Product, you authorize us to charge you the subscription fee then in effect at the beginning of each billing period to your payment method. For example, you authorize us to charge your payment method the promotional rate disclosed on the subscription screen in the initial billing period (if applicable) and the regular subscription rate in subsequent billing periods. We reserve the right to change the timing of our billing, in particular, in the event your payment method has not successfully settled. If your payment method is declined for a recurring payment of your subscription fee, provide us a new payment method promptly or your subscription will be canceled. You acknowledge that the amount charged each billing period may vary for reasons that may include price changes or changing your subscription, and you authorize us to charge your payment method for such varying amounts each billing period.

• Price Changes. We reserve the right to change subscription fees for Digital Membership Products at any time. We will notify you of any changes if the regular fee for your subscription changes from what was stated at the time of your initial order. You will have an opportunity to cancel your subscription. If you do not cancel your subscription, you will be charged the new subscription fee at your next billing period.

• Cancellations. When you cancel a Digital Membership Product, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period.

• Refunds. Except as may otherwise be provided for in these Terms of Use, we reserve the right to issue refunds or credits for Digital Membership Products at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

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13. Release

 

If you have a dispute with one or more users of the Digital Services (including merchants), you release Sunny Days Media (and its affiliates and its and their officers, directors, employees, contractors and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

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14. Indemnity

 

You agree to indemnify and hold Sunny Days Media (and its affiliates and its and their officers, directors, employees, contractors, and agents) harmless, including costs and reasonable attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Digital Services or Content, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Sunny Days Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Sunny Days Media. Sunny Days Media will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

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15. Disclaimers

 

THE DIGITAL SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

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DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. SUNNY DAYS MEDIA ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. SUNNY DAYS MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE Digital Services or any online services linked to the Digital Services in terms of their correctness, accuracy, reliability, or otherwise. UNDER NO CIRCUMSTANCES SHALL SUNNY DAYS MEDIA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE DIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL SERVICES, OR CONDUCT OF ANY USERS OF THE DIGITAL SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE DIGITAL SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR DIGITAL SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH DIGITAL SERVICES OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. SUNNY DAYS MEDIA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE INFORMATION PROVIDED HERE IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS VETERINARY MEDICAL ADVICE. WHILE WE STRIVE TO OFFER ACCURATE AND UP-TO-DATE INFORMATION FOR DOG’S HEALTH AND PREVENTING COMMON ISSUES, WE ARE NOT VETERINARY PROFESSIONALS. ALWAYS CONSULT WITH A LICENSED VETERINARIAN FOR ANY MEDICAL CONCERNS OR BEFORE STARTING ANY NEW HEALTH REGIMEN FOR YOUR DOG. THE RECOMMENDATIONS MADE HEREIN DO NOT SUBSTITUTE PROFESSIONAL VETERINARY GUIDANCE. INDIVIDUAL CONDITIONS AND RESPONSES TO TREATMENT CAN VARY, SO IT IS CRUCIAL TO SEEK PERSONALIZED ADVICE FROM A VETERINARY PROFESSIONAL FAMILIAR WITH YOUR DOG'S SPECIFIC HEALTH NEEDS.

 

16. Limitation of Liability

 

IN NO EVENT SHALL WE (INCLUDING OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE), LOST PROFITS, DATA LOSS, OR COSTS OF SUBSTITUTE GOODS, STEMMING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE DIGITAL SERVICES, INCLUDING DAMAGES CAUSED BY ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR, NO MATTER THE ORIGIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THIS AGREEMENT (REGARDLESS OF THE CAUSE OR FORM OF ACTION), SHALL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) THE AMOUNTS YOU HAVE PAID TO SUNNY DAYS MEDIA IN THE PRIOR 12 MONTHS (IF ANY). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. YOU ACKNOWLEDGE THAT OUR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT.

THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT PERMITTED IN SOME JURISDICTIONS, SO OUR LIABILITY IN SUCH STATES IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.

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17. Third Party Services and Ads

 

The Digital Services may include links to third-party websites, applications, or other services, including social media platforms, as well as advertisements from third parties (together referred to as “Third-Party Services & Ads”). These Third-Party Services & Ads are beyond Sunny Days Media's control, and we are not responsible for their content or services. We offer links to these Third-Party Services & Ads for your convenience without endorsement, and we do not guarantee their quality, safety, or appropriateness. Use of any Third-Party Services & Ads is at your own risk, and when you access them, the terms and privacy policies of the third party will apply.

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18. Third Party Affiliate Marketing

 

We engage in affiliate marketing programs and may include third-party affiliate links within our Digital Services. As a result, we might earn a commission if you click on or make purchases through these third-party affiliate links.

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19. Local Regulations

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• Sunny Days Media does not claim that the Digital Services or Content are suitable or available for use outside the United States, including its territories, possessions, and protectorates. If you access the Digital Services or Content from other locations, you do so voluntarily and are assuming all associated risks.

• It is your responsibility to ensure compliance with local laws wherever applicable. You expressly agree to abide by all relevant laws regarding the export of technical data from the United States or the country in which you reside.

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20. Termination

 

Sunny Days Media reserves the right to terminate your password, account, or use of the Digital Services, or to remove any User Content or information without notice for any or no specific reason, including but not limited to: (i) allowing another person or entity to use your identification to access the Digital Services, (ii) any unauthorized use of the Digital Services, (iii) violation of this Agreement, or (iv) altering any of the software, data, or Content associated with the Digital Services. You also have the option to terminate your account at any time for any or no reason. The termination, suspension, or cancellation of this Agreement or your access to the Digital Services does not affect any legal rights or remedies Sunny Days Media is entitled to. With termination, all rights granted to you cease immediately and revert to Sunny Days Media and its licensors, while all rights you granted to Sunny Days Media shall continue indefinitely.

Even after the termination of this Agreement or your access to the Digital Services, certain sections of this Agreement, specifically Sections 2 – 29, will remain in effect.

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21. Entire Agreement

 

This Agreement, along with the Privacy Notice, forms the complete agreement between you and us concerning the use of the Digital Services. Our failure to act on or enforce any part of this Agreement does not mean we waive any of our rights. The titles of sections in this Agreement are for convenience only and do not have any legal or contractual significance. The term "including" is used here to mean "including, but not limited to." Should any part of this Agreement be found invalid or unenforceable for any reason, the remaining parts will remain effective, and the invalid or unenforceable part will be adjusted to ensure it is valid and enforceable to the fullest extent allowed by law.

22. Changes to this Agreement

 

We reserve the right to update this Agreement at any time, with changes taking effect moving forward. By posting an updated version of the Agreement on the Digital Services, we will provide notice of these changes. It's your responsibility to regularly check this page or section to stay informed about the current terms of the Agreement. Continuing to use the Digital Services after updates have been made signifies your unconditional acceptance of any and all changes.

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23. Dispute Resolution (Arbitration Clause and Class Action Waiver)

 

IMPORTANT NOTICE REGARDING YOUR RIGHTS

23.1 Except for claims of infringement or misappropriation of a party's patent, copyright, trademark, or trade secret rights, any disputes between you and Sunny Days Media related to this Agreement must be settled through binding arbitration as outlined in this section. This agreement to arbitrate is meant to be understood in a broad sense, encompassing all disputes and claims connected to your use of the Digital Services.

23.2 BY AGREEING TO THIS CONTRACT, YOU AND Sunny Days Media ARE GIVING UP THE RIGHT TO A COURT TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU AND Sunny Days Media AGREE THAT DISPUTES BETWEEN YOU CAN ONLY BE BROUGHT ON AN INDIVIDUAL BASIS, NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION. ARBITRATION WILL BE CONDUCTED INDIVIDUALLY, AND CLASS ARBITRATIONS OR CLASS ACTIONS ARE NOT ALLOWED.

23.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Sunny Days Media must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in San Francisco, CA. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in San Francisco, California. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in San Francisco, California.

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24. No Waiver

 

Sunny Days Media's failure o delay to exercise any right, power, or privilege under this Agreement does not constitute a waiver of such right, power, or privilege. Likewise, a single or partial exercise of a right, power, or privilege does not prevent further or other exercises of that right, power, or privilege, or the exercise of any other right, power, or privilege granted by this Agreement.

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25. Governing Law

 

This Agreement is governed and interpreted solely by the laws of the State of California, USA, without regard to principles of conflict of laws that would apply the laws of another jurisdiction.

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26. Notice to California Users

 

Pursuant to California Civil Code Section 1789.3, California residents who use the Digital Services have specific rights. You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 400 R Street, Suite 1080, Sacramento, California 95814, or by phone at (916) 445-1254 or (800) 952-5210 for assistance.

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27. Copyright Infringement Claims Policy

 

If you believe that your copyright has been infringed upon, you can notify us by reaching out to hello@barkwithwonder.com. For the notice to be effective, it must be a written communication that includes the following:

• An electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or if multiple works at a single online site are involved, a representative list of such works;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, with enough detail so we can locate the material;

• Adequate information to allow us to contact you, such as an address, telephone number, and, if available, an email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

We may inform our users about a received infringement notice through a general notice on our site or by sending an email to a user’s email address in our records. If you receive such a notice, you can issue a counter-notification in writing. For the counter-notification to be valid, it must contain:

• Your physical or electronic signature;

• Identification of the material that was removed or to which access was disabled, along with the location where the material appeared before its removal or the disabling of access;

• A statement under penalty of perjury that you believe the material was removed or disabled by mistake or misidentification;

• Your name, physical address, and telephone number, along with a statement consenting to the jurisdiction of the Federal District Court for the district where your physical address is located, or if outside the United States, for the district where our offices are located, and that you will accept service of process from the person who provided the infringement notice or their agent.

 

We maintain a policy to terminate the access of any user to our Digital Services who is found to be a repeat infringer of third-party proprietary rights.

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28. Copyright/Trademark Information

 

Copyright © 2024, Sunny Days Media. All rights reserved. All trademarks, logos, and service marks (“Marks”) shown on the Digital Services belong to us or to third parties. Use of these Marks is not allowed without prior written permission from us or the third-party owners of the Marks.

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29. Contact Us

 

If you have any questions about this Agreement, you may contact us by email at hello@barkwithwonder.com

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