Please read these Terms and Conditions ("Terms" or "Terms and Conditions") carefully before using the www.dolphyn.io website operated by Barrel Through, Inc. ("Dolphyn", "us", "we", or "our"). For purposes of these Terms, “you” and “your” means you as the user of the Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service. If you are accessing or using the Service on behalf of a business or entity, then your business or entity is legally and financially responsible for your access to and use of the Service as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.

Table of Contents

1. Content

Definitions: For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service; and (ii) “User Content” means any Content that account holders (including you) provide to be made available through the Service.

Our Content Ownership: We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Dolphyn and its licensors exclusively own all right, title and interest in and to the Service and Content (excluding User Content), including all associated intellectual property rights. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

Rights in User Content Granted by You: By making any User Content available through the Service, you hereby grant to Dolphyn a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service and Content to you and, depending on the permission you grant, to other users. Subject to the foregoing license, as between Dolphyn and you, you retain any and all of your rights to your User Content. Dolphyn acknowledges that if you provide Enterprise Content (as defined below), then the ownership of such Enterprise Content may be as set forth in any agreement between you and the Enterprise, and in the absence of such agreement, then as between you and the Enterprise, the Enterprise may own all rights to any such Enterprise Content.

Your Responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Dolphyn on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Sharing User Content: You may designate your User Content as “public” (such as posting User Content to a Team Workspace or Enterprise Workspace) or “private”. You agree that User Content you designate as public will be accessible by and be available to other users of the Service to whom you grant access to such publicly designated User Content. Consequently, you understand and agree that such users will have the right to view, comment on and tag your publicly designated User Content. If you grant users additional permissions with respect to your User Content, you understand and agree that such users will, depending on the permissions you grant, have the right to use, publish, display, modify, or duplicate such User Content. You grant Dolphyn all rights necessary to make any of your publicly designated User Content available to other users of the Service and to permit those users to engage in the activities described in this Section with respect to your publicly designated User Content.

Removal of User Content: You can remove your User Content that you designate as private by specifically deleting it. However, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Service. Additional details with respect to the removal and storage of User Content are set forth in Section 17 (Termination) below.

Rights in Content Granted by Dolphyn: Subject to your compliance with these Terms, Dolphyn grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Monitoring Content: Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

2. Workspaces

Content submitted, posted or modified by users in the Service is organized into separated sections we refer to as “Workspaces.”

There are three general types of Workspaces on the Service: