Terms of Service
This Site is the official Site of Backyard Squabbles and is ©2021 Copyright backyardsquabbles.com. Commercial reproduction, distribution or transmission of any part or parts of this website or any information contained therein by any means whatsoever without the prior written permission of Backyard Squabbles is not permitted.
"Backyard Squabbles" and "Squabble Up" are pending trademarks, trade dress or service marks owned exclusively by Backyard Squabbles in the United States and other jurisdictions. All other marks referenced herein may be the property of Backyard Squabbles or other respective owners.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Backyard Squabbles reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Backyard Squabbles server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Backyard Squabbles, including any Backyard Squabbles account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Backyard Squabbles systems or networks, or any systems or networks connected to the Site or to Backyard Squabbles.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Backyard Squabbles on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Submission of Unsolicited Materials
Backyard Squabbles rules and guidelines prohibits Backyard Squabbles or its team from accepting or considering any unsolicited ideas, proposals, suggestions or materials of any nature whatsoever (“Unsolicited Materials”). Accordingly, you may not use this Site or any information obtained from the Site to submit Unsolicited Materials to Backyard Squabbles or anyone affiliated with Backyard Squabbles via email, fax, postal mail or any other means. We have adopted this policy to avoid potential misunderstandings or disputes when new products, services and features developed internally by Backyard Squabbles personnel may appear to be similar to Unsolicited Materials submitted to the Backyard Squabbles.
As stated above, we ask that you do not send us Unsolicited Materials. By ignoring our policy and submitting or posting Unsolicited Materials, including without limitation, text, photos, video, sound recordings, artwork, designs, software, data or any other materials, you are giving us permission, in perpetuity, on a no-charge, royalty-free basis to use the Unsolicited Materials in connection with Backyard Squabbles advertisements and promotions, and for any other purpose for which Backyard Squabbles chooses to use the Unsolicited Materials.
Purchases; Other Terms and Conditions
Backyard Squabbles obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Backyard Squabbles may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Backyard Squabbles makes no commitment to update the materials on the Site with respect to such products and services.
By using this website, you agree to be legally bound by all of the terms of this Agreement. Backyard Squabbles reserves the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of this website within the proprietary online service offered by Backyard Squabbles may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of this website, unless otherwise expressly stated.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
Provided you are eligible to use this site, Backyard Squabbles hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any Material and/or software contained within this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Material"). You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Material and that no title to the Downloaded Material has been or will be transferred to you from Backyard Squabbles or anyone else. You also agree that you will not alter, disassemble, de-compile, reverse engineer or otherwise modify the Material.
Availability of Services
The availability of the content on the Services, including the Subscription Products, may be affected by a variety of factors, including event delays or cancellations, technical problems or network delays, program rescheduling, or other reasons. You agree that we are not obligated to provide you with any specific content under this Agreement.
Access to the Services.
In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services under the provisions here.
Your Content and Conduct.
As a Site account holder you may submit Content to the Service, including but not limited to, user comments. You understand that Backyard Squabbles does not guarantee any confidentiality with respect to any Content you submit and you acknowledge and agree that Backyard Squabbles may use and permit third parties to use anything you submit or otherwise provide or make available to Backyard Squabbles, including without limitation, information available through any Third Party Platform (e.g., Facebook, Twitter, etc) used to access any Site.
Copyrights and Trademarks.
This website and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the logos or other images incorporated by Backyard Squabbles on this website are also protected as registered or unregistered trademarks, trade names and/or service marks (“Trademarks”) owned by Backyard Squabbles. All other trademarks are the property of their respective owners. Use of the Trademarks of Backyard Squabbles or of any other party is not authorized in any manner other than as incorporated into this website. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL, IN WHOLE OR IN PART, IS EXPRESSLY PROHIBITED. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal and state law.
If you believe that any content appearing on this website has been copied in a way that constitutes copyright infringement under the laws of the U.S, please forward the following information to the Copyright Agent named below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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.
Please note that while Backyard Squabbles seeks to preserve any and all exemptions from liability that may be available under the copyright law, this is not a stipulation that Backyard Squabbles is a service provider as defined in 17 U.S.C § 512(c) or elsewhere in the law.
Special Terms and Conditions Applicable to Subscription Products and Other Services/Products Offered for Purchase Through the Site.
We reserve the right to modify the price of any Subscription Product online and/or any other services/products offered for purchase through the Site. We are not responsible for any error in copy or images relating to any Subscription Product or any other services/ products offered for purchase through the Site.
In order to provide the highest customer satisfaction possible, we will refund the purchase price paid for any Subscription Product, as follows:
If you have purchased Merchandise or another form of service from Backyard Squabbles:
- Our reasonable effort to provide you with a refund, as described above, will be your exclusive remedy if you or we terminate your access to the Services, including in the event that you claim we breached our obligations to you.
By accepting this Agreement, you agree that we may notify you about changes to prices and/or the Subscription Products by sending an e-mail message to your e-mail address on file with us and by publishing such notices from time to time on the informational page(s) of the Site. It is your responsibility to notify us of any change in your e-mail address by logging in to the Site and using the online account management tool. If your e-mail service includes functionality or software that catalogues your e-mails in an automated manner, it is your responsibility to ensure that those e-mails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list.
Account Termination Policy
General Use of the Service – Permission and Restrictions.
Backyard Squabbles hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without Backyard Squabbles prior written authorization.
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means Backyard Squabbles may designate.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Backyard Squabbles servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Backyard Squabbles reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- In your use of the Service, you will comply with all applicable laws.
- Backyard Squabbles reserves the right to discontinue any aspect of the Service at any time.
You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limited the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Limitation of Liability.
In no event shall Backyard Squabbles, its employees or staff, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Backyard Squabbles shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by Backyard Squabbles from its facilities in the United States of America. Backyard Squabbles makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Backyard Squabbles, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Service, (Iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Backyard Squabbles does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and Backyard Squabbles will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Submissions and Postings.
To the extent that use of the website provides you or other users an opportunity to post and exchange information, content, ideas and opinions (“Postings”), be advised that Backyard Squabbles does not screen, edit, or review Postings prior to their appearance on the website or elsewhere, and Postings do not necessarily reflect the views of Backyard Squabbles. To the fullest extent permitted by applicable laws, Backyard Squabbles excludes all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the website or elsewhere. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not infringe any proprietary right, intellectual property right or other rights of third parties.
Backyard Squabbles shall have the right, but not the obligation, to monitor any Postings or other material on YouTube. Backyard Squabbles shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted to Backyard Squabbles. Without limiting the foregoing, Backyard Squabbles shall have the right to remove any material that Backyard Squabbles, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Backyard Squabbles without restriction.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Backyard Squabbles failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Backyard Squabbles reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE