BarBase Terms of Service

Last Updated: January 2025

1. Acceptance of Terms

By accessing or using BarBase ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

BarBase is a mobile application and web service that helps users discover, track, and share information about outdoor calisthenics parks. The Service includes features such as park discovery, check-ins, reviews, photos, leaderboards, and workout reminders.

3. User Accounts

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information when creating your account
• Maintain and update your account information to keep it accurate, current, and complete
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4. User-Generated Content

You may upload, submit, or post content through the Service, including but not limited to photos, reviews, park requests, and other materials ("User Content").

4.1 Ownership and Rights

You represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to use and authorize BarBase to use all User Content you submit
• All User Content, including photos, is your original work, or you have obtained all necessary rights and permissions from the copyright owner
• Your User Content does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party
• You have the right to grant the licenses described in these Terms

4.2 License Grant to BarBase

By submitting User Content to the Service, you hereby grant BarBase a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to:

• Use, reproduce, distribute, display, perform, modify, adapt, and create derivative works of your User Content
• Publish, display, and make available your User Content on the Service, including on park pages, search results, SEO-optimized web pages, and other parts of the Service
• Use your User Content for marketing, promotional, and advertising purposes related to the Service
• Store, transmit, and process your User Content as necessary to provide and improve the Service
• Use your User Content in any media format and through any media channels

This license continues even if you stop using the Service or delete your account, unless you request removal of specific User Content and we are able to remove it from our systems.

4.3 Prohibited Content

You agree not to submit User Content that:

• Infringes upon any copyright, trademark, patent, trade secret, or other intellectual property right of any third party
• Violates any law, regulation, or court order
• Is defamatory, libelous, harassing, threatening, or abusive
• Is obscene, pornographic, or sexually explicit
• Contains hate speech or promotes discrimination, bigotry, or violence
• Contains personal information of others without their consent
• Is spam, fraudulent, or misleading
• Contains viruses, malware, or other harmful code
• Impersonates any person or entity or falsely states or misrepresents your affiliation with any person or entity

4.4 Content Removal

BarBase reserves the right, but not the obligation, to:

• Review, monitor, edit, or remove any User Content at any time, for any reason, without prior notice
• Remove User Content that violates these Terms or is otherwise objectionable
• Suspend or terminate your access to the Service if you repeatedly violate these Terms

You may request removal of your User Content by contacting us at support@barbase.app. We will make reasonable efforts to remove your User Content, subject to technical limitations and our need to maintain the integrity of the Service.

5. Intellectual Property

The Service, including its original content, features, and functionality, is owned by BarBase and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable law or regulation
• Attempt to gain unauthorized access to the Service or any related systems or networks
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use automated systems (bots, scrapers, etc.) to access the Service without our prior written consent
• Impersonate or attempt to impersonate BarBase, a BarBase employee, another user, or any other person or entity
• Engage in any activity that could damage, disable, or impair the Service

7. Location Services

The Service uses location data to provide features such as finding nearby parks and verifying check-ins. By using the Service, you consent to the collection and use of your location data as described in our Privacy Policy. You may disable location services at any time through your device settings, though this may limit certain features of the Service.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BarBase does not warrant that the Service will be uninterrupted, secure, or error-free.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BarBase SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

10. Indemnification

You agree to indemnify, defend, and hold harmless BarBase, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

11.1 Content Retention After Account Deletion

If you choose to delete your account, please note that:

• Your account information and personal data will be removed from our systems
• User Content you have submitted (including photos, reviews, and park requests) may remain on the Service
• This is because your User Content may have been incorporated into the Service (e.g., photos displayed on park pages, reviews visible to other users)
• If you wish to have specific User Content removed, you may request removal by contacting us at support@barbase.app
• We will make reasonable efforts to remove your User Content upon request, subject to technical limitations and our need to maintain the integrity of the Service

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which BarBase operates, without regard to its conflict of law provisions.

14. Contact Information

If you have any questions about these Terms of Service, please contact us at support@barbase.app.

15. DMCA / Copyright Removal

BarBase respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify us by providing the following information:

15.1 DMCA Takedown Notice

To file a DMCA takedown notice, please provide the following information in writing to our designated copyright agent:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address
• A statement that you have a good faith belief that use of the material in the manner complained of 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

15.2 Copyright Agent Contact Information

Please send DMCA takedown notices to:

BarBase Copyright Agent
Email: copyright@barbase.app
Subject: DMCA Takedown Notice

15.3 Counter-Notification

If you believe that your User Content was removed in error, you may file a counter-notification. To be effective, your counter-notification must include:

• Your physical or electronic signature
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in your district, or if your address is outside of the United States, for any judicial district in which BarBase may be found, and that you will accept service of process from the person who provided notification of the alleged infringement

15.4 Repeat Infringers

BarBase will terminate, in appropriate circumstances, the accounts of users who are repeat infringers of copyright.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.