TERMS & CONDITIONS
Barn Owl Tech, Inc. (“Barn Owl”) and its associates provide their services to you subject to the following terms & conditions. If you visit or shop within this website, www.barnowl.tech (“Site”), or use our Web Application (“App”), app.barnowl.tech, you accept these terms. Please read them carefully.
, which also governs your visit to our website, to understand our practices.
When you visit www.barnowl.tech or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this Site and App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Barn Owl or its content suppliers and protected by international copyright laws. The compilation of all content on this Site and App is the exclusive property of Barn Owl, with copyright authorship for this collection by Barn Owl, and protected by international copyright laws.
Barn Owl’s trademarks and trade dress may not be used in connection with any product or service that is not Barn Owl’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Barn Owl. All other trademarks not owned by Barn Owl or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Barn Owl or its subsidiaries.
LICENSE AND SITE ACCESS
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Barn Owl and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Barn Owl grants you a limited license to access and make personal use of this Site or App and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Barn Owl. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This Site and App or any portion of this Site and App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Barn Owl. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Barn Owl and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Barn Owls name or trademarks without the express written consent of Barn Owl. Any unauthorized use terminates the permission or license granted by Barn Owl. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Barn Owl so long as the link does not portray Barn Owl, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Barn Owl logo or other proprietary graphic or trademark as part of the link without express written permission.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Barn Owl reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Barn Owl and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Barn Owl and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Barn Owl or its associates for all claims resulting from content you supply. Barn Owl has the right but not the obligation to monitor and edit or remove any activity or content. Barn Owl takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Barn Owl are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Barn Owl and its associates attempt to be as accurate as possible. However, Barn Owl does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Barn Owl itself is not as described, your sole remedy is to return it in within our return policy guidelines.
MEMBERSHIP ACCOUNTS FOR BARN OWL’S WEB APPLICATION (“App”)
The Site is open to anyone, but the App is only available to registered members (“Members”).
When login as a Member, you agree to the following conditions:
• You have provided true information when you registered to be a Member;
• You have given us a valid email address, and we may confirm upon registration, or at any time thereafter, via a confirmation e-mail which may require a response to complete your registration or keep it active;
• You will notify us if something changes;
• You are not breaking any laws when you use the App;
• You will not violate these Terms as a Member.
Member’s are responsible for the Content and activities in their account.
Barn Owl reserves the right to terminate Membership accounts at any time, without warning, with or without prior notice or explanation and without liability, and can even take legal action if needed. We will terminate Membership for repeated infringement of the intellectual property rights of others. We will also terminate Membership for violating these Terms or for committing illegal acts using the Site or App.
Members may cease use of the App at any time, but Members and past Members remain responsible for the Content in their account. Members and past Members are responsible for any damages that result from breaking the Terms as further outlined below.
All Terms apply to Members, unless explicitly stated. Member is defined as anyone who creates an account on the Barn Owl App.
Our Site and App are hosted in the US. There may be more or fewer protections for you in your country than here.
Software available in connection with the Site and App (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site or App or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
SITE AND APP SERVICE
We encourage you to always keep backups of your Content. Barn Owl is not responsible if any of your Content is deleted, or if any modification, suspension or discontinuation of the Site or services causes you to lose any Content—even if you’re a Member.
We reserve the right to make changes without notice to the App.
While we make an effort to keep the Site and App up and running at all times, we are not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, whether the result of our maintenance of the Site or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure of any nature.
We are not responsible for advertisements or applications or services that are posted on or through the Site, nor do we have any responsibility for the goods or services provided by our advertisers or via other websites or applications, including our print vendor.
Photo storage is unlimited for all Members; we reserve the right to change this in the future. There are no restrictions on the number of photos a camera can upload. Your “Data Fee” covers the cellular bandwidth used and your “Connection Fee” provides complete use of the App for your active devices.
CONTENT AND PRIVACY
Members retain all rights to Content uploaded to the App, from any camera or device. Members own and are responsible for the Content in their App account.
• Content is considered private and is not visible to other users or the public internet.
• Members shall not provide user credentials publicly. Doing so may result in termination of your account and removal of your content.
• By allowing your camera to upload photos, you are confirming that the Content is yours—no one else’s—and that the uploading and use of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or human rights of somebody else. If we learn that you are infringing others’ rights or are using Content that is not yours, Barn Owl has the right to remove this Content and you agree that you are responsible for any costs associated with the infringement.
• Members may moderate Content. However, Barn Owl is not responsible content uploaded by Members, and Barn Owl is under no obligation to modify or remove inappropriate Content.
• If you stop using the App, your Content may remain on the Site unless you actively remove your Content.
• Our App engineers and technicians reserve the right to investigate issues or problems on our server during the course of normal operation. This may mean that your content is visible to us during the diagnosis of said problems. We will take every precaution to maintain the privacy of your content at this time. If you are involved in a technical issue with the site software, it may be necessary to study your account settings and content during the diagnosis of the issue.
LIMITS ON USE
• It is a violation of these Terms to disrupt the Site or App or the way they function, interfere with other Users’ enjoyment of the Site or app, or use the Site or App to deceive, harass or solicit people.
• It is also a violation to scrape the Site, fusker files or otherwise make any use of data mining, robots or similar data gathering and extraction tools.
• It is up to Barn Owl whether to terminate your use for violation of these prohibitions or similar activities.
By visiting Barn Owl, you agree that the laws of the state of Delaware, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Barn Owl or its associates.
Any dispute relating in any way to your visit to Barn Owl or to products you purchase through Barn Owl shall be submitted to confidential arbitration in Delaware, USA, except that, to the extent you have in any manner violated or threatened to violate Barn Owls intellectual property rights, Barn Owl may seek injunctive or other appropriate relief in any state or federal court in the state of Delaware, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THIS SITE IS PROVIDED BY Barn Owl ON AN "AS IS" AND "AS AVAILABLE" BASIS. BARN OWL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Barn Owl DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Barn Owl DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Barn Owl ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Barn Owl WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AND BARN OWL HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
IN NO EVENT SHALL BARN OWL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, THE APP, OR ANY OTHER SOFTWARE OR HARDWARE DESCRIBED IN THIS DOCUMENT, EVEN IF BARN OWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BARN OWL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BARN OWL FOR THE APP AND OTHER SERVICES DURING THE TERM OF MEMBERSHIP.
Your Indemnity to Us. If you breach any of the representations made herein regarding your rights in the Content, or your uploading of Content violates any of the promises you have made, you agree to indemnify, defend and hold Barn Owl, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and the App in violation of that and/or arising from any Content that you post on or through the Site and the App.
Some Obligations Continue Even After You’ve Gone. Even if you close your account or we terminate your Membership, you will still be responsible for indemnifying us for breaches that took place while you used the Site and App. Obligations you owed to us and Users of the Site, which by their nature are intended to survive closing or termination, will survive.
IMAGE DELIVERYDue to the nature of image transmission via wireless networks, Barn Owl is not responsible for delays in, or reception of, images transmitted by any Barn Owl camera.
If you are using an email-to-MMS or email-to-SMS service provided by your wireless carrier and that service is discontinued or eliminated by your carrier, Barn Owl is not responsible for the lack of this service or bound to provide a replacement.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Barn Owl. We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.