BASSOBSESSED.COM TERMS OF SERVICE AGREEMENT
1. AGREEMENT (INTRODUCTION)
This agreement (hereinafter referred to as the “Agreement” or “User Agreement”) between BassObsessed (hereinafter referred to as “BassObsessed”, “BASSOBSESSED”, “us”, “we”, or “operators”) and you, sets forth the terms and conditions which govern your use of BassObsessed’s services (hereinafter referred to as “Services”) and BassObsessed.com (hereinafter referred to as “the Site”, “the website”, or “BassObsessed.com”). Your use of the Website constitutes your unconditional agreement to follow and be bound by the following Terms of Service (“TOS”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access BassObsessed’s web site or services. This Agreement may be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). BassObsessed owns and operates the site BassObsessed.com to provide its service to you, subject to the following User Terms of Service (“TOS”), which may be updated by us from time to time without notice to you, and any such updates will be applicable to all subsequent access to or use of BassObsessed.
You can review the most current version of the TOS at any time at: http://www.BassObsessed.com/TermsOfService. In addition, when using particular BassObsessed services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
2. BINDING NATURE
3. CHANGE CONTROL
BassObsessed reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of the Site and the Services following BassObsessed’s posting of any changes will constitute your acceptance of such changes or modifications and also constitutes your unconditional agreement to follow and be bound by this Agreement as changed. For this reason, we encourage you to review this Agreement periodically. If you do not agree to any changes to this Agreement, do not continue to use the Services or the Site.
Our Services are not available to temporarily or indefinitely suspended BassObsessed.com members. In addition, you agree not to bypass any security and/or access feature on the Site. If you do not qualify, please do not use the Site. You agree that we have no responsibility or liability for any misrepresentations made by BassObsessed.com users. Further, your BassObsessed.com account password may not be transferred, loaned, given, or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
5. DESCRIPTION OF SERVICES
BassObsessed provides services including but not limited to classified advertising, forums, social media, email forwarding, and business networking resources at BassObsessed.com, including an online community of individuals and organizations who may create, upload, read, view, edit, follow, promote, and share content with networks of other BassObsessed users, including individuals and organizations, through a network of properties which may be accessed via the Internet (the “Service”). As a user of the Service, you understand and agree that the Service may also include advertisements that are necessary for Us to provide the Service, and the Service may include certain communications from Us, such as service announcements and administrative messages, and you will not be able to opt out of receiving such communications. Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new BassObsessed functionalities, applets, or other properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that We assume no responsibility for the timeliness, deletion, failure of delivery, or failure to store any user communications or personalization settings. BassObsessed is concerned about the safety and privacy of all its users. Therefore, you must be at least 18 years of age to access and view the Service.
6. MODIFYING AND TERMINATING OUR SERVICES
We are continuously developing, changing, and improving our Services. We reserve the right to update, modify, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, at any time. We may add or remove features or functionalities, and we may suspend or stop providing a Service entirely. We may establish new limitations to our Services at any time. We may also stop providing Services to you. You can discontinue using our Services at any time. You agree that BassObsessed shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
7. ACCOUNT HOLDER’S RESPONSIBILITIES
As a BassObsessed.com user, you are obligated to read this Agreement before you sign-up or provide any information via the Site. You agree to be bound to the terms of this Agreement. BassObsessed does not offer legal or financial advice concerning the Services offered via the Site. Nothing in this Agreement is to be interpreted as legal advice or guidance. By creating an account, you certify that all information you provide when registering your account is true and accurate. In addition, it is a condition of your use of the Site that all information you provide will be correct, current, and complete and any modification or change made to any information that you provide during your continued use of your account simultaneously carries with it a certification that the modification or change that you make to your account information is true and accurate. We may, at our sole discretion, require additional information or forms of identification and may use these to determine any limitations that may be placed on your use of the Site. We have the right to refuse you access to the Site or any of its resources, and to terminate or suspend your access at any time if we believe that the information you provide is not correct, current, complete, true, and accurate. In addition, you may be subject to civil or criminal penalties for giving such false information. You are responsible for all statements made and acts that occur through the use of your account. Do not disclose your password to others. If your password is exposed, lost, or stolen, you must change it immediately. You are solely responsible for obtaining access to the Site and any fees associated with such access (e.g., airtime charges, ISP fees, other third party fees, etc.). In addition, you must provide, and you are responsible for, all equipment necessary to access the Site.
8. USE OF PERSONALLY IDENTIFIABLE INFORMATION
You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website.
You may access the non-public portion of the Site only by being a member in good standing of the Site. The Site reserves the right to modify materials and the Site’s design at any time, with or without prior notice. As part of the registration process, you will select a unique password, which you must provide in order to gain access to the non-public portion of the Site. You warrant that you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party. If we, in our sole and independent discretion, deem the use of an account name, username, password log in information, member submitted text, or member submitted photo inappropriate, we may disallow the use of that information or photo. Further, we may, at any time, cancel the membership of any member who uses his or her selected name or username in violation of this User Agreement or in any other way we, in our sole and independent discretion, deem inappropriate, resulting in Termination of your membership. Your membership/account and password are nontransferable and non-assignable. You are solely responsible for maintaining the confidentiality of your password and you represent and warrant that you will not disclose to any other person your unique password. You are responsible for all activities that occur under password. You agree that you will not provide access to the Site to anyone who is below the age of 18. In addition, you indemnify the Site against all activities conducted through your account. You agree to immediately notify the Site in writing of any unauthorized use of your password or any other breach of security, and until you do notify the Site, you are liable and responsible for any such unauthorized use. Unauthorized access to the Site is illegal and a breach of this Agreement. You also agree to ensure that you have fully logged out of your account at the end of each session. Without prior written consent from the Site, you may not re-register as a member after your account has been terminated by the Site. Further, you agree that neither the Site nor any third party acting on our behalf shall be liable to you for the termination of your membership or access to the Site.
10. ACCURACY OF INFORMATION YOU PROVIDE DURING REGISTRATION
For the benefit of the entire BassObsessed community, you agree to provide your real name and accurate information during registration as a condition of BassObsessed membership. Providing inaccurate name information will disqualify you from participating in certain opt-in programs.
11. CONTENT POSTED ON THE SITE, RESTRICTED ACTIVITIES, AND PROHIBITED USES
Please read the following section carefully, as it governs your conduct while using the Service, and by using the Service, you agree to be bound by these terms. Appropriate Conduct: You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only in manners which are legal and proper.
By way of example, and not as a limitation, you agree that when using the Service:
You, Your content posted on the Site, and/or your information and activities on the Site, shall not:
• use BassObsessed if you are under 18 years of age;
• engage in inappropriate or excessive flagging of Content;
• download any file posted by another user that you know, or reasonably should know cannot be legally distributed in such manner;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
• provide inaccurate name information during registration or at any time after registration;
• use or create inappropriate usernames, organization names, or groupnames;
• use BassObsessed if you are a convicted sex offender;
• provide any false personal information, or create an account for anyone other than yourself without permission;
• create more than one personal account;
• Maintain inaccurate or out-of-date contact information;
• restrict or inhibit any other user from using and enjoying the Service;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
• submit Content that falsely expresses or implies that such Content is sponsored or endorsed by BassObsessed;
• create Member accounts by automated means or under false or fraudulent pretenses;
• create another account without our permission if we have disabled your account;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
• engage in unlawful multi-level marketing, such as a pyramid scheme;
• post messages that promote chain letters or disruptive commercial messages or advertisements, junk mail, spam, or any other form of solicitation;
• send or otherwise post unauthorized commercial communications (such as spam);
• use the Service for any illegal or unauthorized purpose including but not limited to distributing spam;
• use any harvesting bot, robot, spider, scraper, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose or otherwise access the Site via automated means without our express written permission;
• solicit login information or access an account belonging to someone else;
• share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account;
• bully, intimidate, or harass any user;
• develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions;
• Violate our Promotions Guidelines and/or applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”);
• facilitate or encourage any violations of this Agreement;
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
• post messages that promote chain letters or disruptive commercial messages or advertisements, junk mail, spam, or any other form of solicitation;
• decompile, reverse engineer, modify or disassemble any of the software aspect of the Site’s materials except and only to the extent permitted by applicable law;
• copy, reproduce, modify, create derivative works from, distribute or publicly display the Site content without the prior expressed written permission of BassObsessed and the appropriate third party, as applicable;
• send or otherwise post unauthorized commercial communications (such as spam);
• use the Service for any illegal or unauthorized purpose including but not limited to distributing spam;
• upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or other proprietary rights or rights of publicity or privacy, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have;
• post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post such Content;
• infringe any third party’s intellectual property
• post or communicate on or through the Website any content that is unlawful, harmful, offensive, inappropriate, infringing, abusive, libelous, harassing, defamatory, vulgar, profane, threatening, hateful, fraudulent, sexually explicit, obscene, pornographic, incites violence; or contains nudity or graphic or gratuitous violence, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
• defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• engage in personal attacks of any kind against any member of the BassObsessed community;
• be false, fraudulent, inaccurate or misleading;
• use BassObsessed to do anything unlawful, misleading, malicious, or discriminatory;
• transmit or upload any viruses, worms, defects, Trojan horses, or other malicious code, or any items of a destructive nature, or other computer programming routines that may damage or interfere with the Site;
• subject the Website’s network or servers to unreasonable traffic loads or take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers;
• bypass any security measures (including the use of another person’s account to access the Site) or encryption tools that we may use to prevent or restrict access to the Site;
• You will not do anything that could disable, overburden, attempt to interfere with, or impair the proper functioning of the Site or any activities conducted on the Site, such as engage in conduct deemed disruptive to the ordinary operation of the Website, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Additionally, without the express written authorization of the Site, you may not:
(a) utilize any framing techniques in connection with the Site or any of the materials contained therein;
(b) use any meta-tags or any other “hidden text” utilizing the Site’s marks;
(c) “deep-link” to any page of the Site (including the homepage);
(e) sell, rent, lease, license, sublicense, transfer, distribute, retransmit, time-share, use as a service bureau or otherwise assign to any third party the Site’s materials or any of your rights to access and use the Site’s materials as granted in this Agreement;
Additionally, you agree to cooperate with the Site in stopping any unauthorized use. Without prior written consent from the Site, you may not access the site as a user after your use has been terminated by the Site. Further, you agree that neither the Site nor any third party acting on our behalf shall be liable to you for the termination of your access to the Site. It shall be a material breach of this User Agreement if you submit any material to the Site that violates international law or federal, state, and/or local laws of the United States.
We reserve the right to remove or reclaim a username you select for your personal account or organization account(s) if we believe appropriate.
You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership.
The Operators note that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The Operators reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.
You may not use the Website to violate any applicable local, state, national, or international law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising) including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. Furthermore, you may not consummate any transaction on the Site, or that was initiated using our Services, that could cause us to violate any applicable law, statute, ordinance or regulation.
While BassObsessed prohibits the conduct and Content described above in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and or Content and that you use the Service at your own risk.
12. YOUR CONTENT IN OUR SERVICES
You understand that all information, data, text, photographs, graphics, messages and/or other materials (“Content”), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not BassObsessed, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. BassObsessed does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BassObsessed be liable in any way for any Content, including, but not limited to, for 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 Service.
You acknowledge that BassObsessed may or may not pre-screen Content, but that BassObsessed and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, BassObsessed and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BassObsessed or submitted to BassObsessed, including without limitation information in Gather Groups (see the definition in Section 7 below), and in all other parts of the Service.
You acknowledge, consent and agree that BassObsessed may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of BassObsessed, its users and the public.
BassObsessed also restricts the posting of content which induces BassObsessed users to enroll in a promotional or money-making enterprise that may or may not be legitimate in nature. BassObsessed often allows Content to be posted that contains a link to free goods or services if this Content is not self-promoting. BassObsessed always reserves the right, at its sole discretion, to remove all types of Content from the Service.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our Services to you if, within our sole and independent judgment: (a)you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) you fail to pay any amount due by the payment due date; or (d) we believe that your actions may cause financial loss or legal liability for you, our users, or us. We can also terminate this Agreement at any time, with or without cause.
These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. If you are dissatisfied with the Website, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. The Operators reserve the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.
16. DMCA NOTICE AND POLICY (Notification Of Possible Copyright Infringement)
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
BassObsessed takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement by removing from the Site any infringing material when a DMCA compliant notice is provided to us. In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us.
BassObsessed respects the intellectual property of others, and we ask our users to do the same. BassObsessed may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members and prohibit the use of the Service by certain users who may be repeat infringers. The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include specific information. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please Contact BassObsessed Member Support with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
In accordance with the Digital Millennium Copyright Act (“DMCA”), BassObsessed has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:
BassObsessed Designated Copyright Agent 1143 Northern Blvd Box 120 Clarks Summit, PA 18411 Copyright@BassObsessed.com
17. NATIONAL DO NOT CALL REGISTRY
Please be advised that if you complete a contact form on the Site, you have expressly agreed to be contacted via telephone by BassObsessed, regardless of whether you are listed on the National Do Not Call Registry.
18. FAX POLICY
Please be advised that if you provide us with a fax number, you have expressly granted us the right to contact you via fax.
19. RESULTS MAY VARY
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR SERVICES. EXAMPLES AND TESTIMONIALS ON THE SITE ARE NOT TO BE INTERPRETED AS PROMISES OR GUARANTEES OF RESULTS. RESULTS WILL VARY PER PERSON. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON A NUMBER OF FACTORS. THESE FACTORS VARY ACCORDING TO INDIVIDUALS, AND THEREFORE, BASSOBSESSED CANNOT GUARANTEE YOUR RESULTS.
20. GENERAL RELEASE: MEMBER INTERACTION AND MEMBER DISPUTES
You are responsible for all interactions with other members of the site, whether online or in person. BassObsessed does not screen its members or conduct background checks. BassObsessed also does not take steps to verify the truth or accuracy of any members’ information.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASE BASSOBSESSED, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY BASSOBSESSED.
Member Disputes. You are solely responsible for your interactions with other Gather users. As a Member, you are expected to tolerate viewpoints and perspectives with which you may not agree. BassObsessed is not obligated to arbitrate, or resolve in any manner, disputes that arise between Members. BassObsessed reserves the right but has no obligation, to monitor disputes between you and other Members, and to take any action, in BassObsessed’s sole discretion, that may be appropriate under the circumstances. Such actions may include, but are not limited to the suspension or termination of memberships and the removal of inappropriate content.
Reporting Objectionable Behavior. If you encounter Content or behavior that you think violates the TOS, you can report the incident to BassObsessed via the provided Contact Us link. Please state the reasons for your concern and provide a link to the Content or behavior in question. If the Content or behavior is determined to be inappropriate, then it is removed from the Service and the author is notified. All such determinations may be made at BassObsessed’s sole discretion. BassObsessed may allow the author to modify the Content or change the behavior so that it is compliant with the TOS and Guidelines, and, assuming that it is, it may be subsequently released on the Service. BassObsessed reserves the right to terminate a Member’s account at any time we determine that to be an appropriate response to the Content or behavior in question.
You agree to indemnify and hold BassObsessed, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
22. SPECIFIC ENFORCEMENT
You acknowledge that BassObsessed will be irreparably injured if the provisions of this Agreement are not specifically enforced. If you commit or, in the belief of BassObsessed, threaten to commit a breach of any of the provisions of this Agreement, BassObsessed and each of its subsidiaries shall have the right and remedy, in addition to any other remedy that may be available at law or in equity, to have the provisions of this Agreement specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to BassObsessed and its subsidiaries, and that money damages will not provide an adequate remedy therefore. Such injunction shall be available without the posting of any bond or other security, and you hereby consent to the issuance of such injunction. If this Agreement is breached by you, BassObsessed will be entitled to recover its legal fees and costs incurred in the enforcement of this Agreement.
BassObsessed grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.
24. EXPORT CONTROL
You understand and acknowledge that the Site’s software elements may be subject to regulation by the United States Department of Commerce or by other agencies of the U.S. Government, which prohibit the export or diversion of software to certain nations or third parties. Diversion of such materials contrary to the laws of the United States or international law is prohibited. You agree that you will not assist or participate in any such diversion or other violation of applicable laws and regulations. You also warrant that you will not permit or license anyone not approved under applicable law or regulations to receive controlled commodities. You agree to abide by any applicable laws and regulations. You further agree that none of the materials on the Site are being, or will be, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or otherwise used for proscribed activities.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BassObsessed has no control over such sites and resources, you acknowledge and agree that BassObsessed is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BassObsessed shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such links, site or resource, or any failures and/or disruption to your computer system that results from your use of any such links. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites. If you choose to access any such third party website, you do so entirely at your own risk, and your use of such website is not governed by this Site’s User Agreement or any other agreement incorporated by reference.
26. BASSOBSESSED TRADEMARK INFORMATION AND PROPRIETARY RIGHTS
You agree that the terms BassObsessed, “BassObsessed Page”, “BassObsessed.com”, “A pic outsells a thousand words”, and the BassObsessed logo are registered and/or common law trademarks and service marks of the Site. You further agree that the Site’s marks, logos, domains, trademarks, service marks, or any confusingly similar marks, may not be used except with the express written permission of the Site. You additionally agree that the marks may not be used in any manner that disparages or discredits the Site or is likely to cause consumer confusion. Additionally, you understand that other parties’ product and service names referenced on the Site may be trademarks and service marks of their respective companies and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is the property of BassObsessed and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BassObsessed or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
BassObsessed grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BassObsessed for use in accessing the Service.
27. COPYRIGHT INFORMATION
The Site and all materials accessible on or through the site such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software, as well as any other website owned, operated, licensed, or controlled by the Site, are the proprietary information and valuable intellectual property of the Site or the party that provided the materials to the Site. These materials (and compilations thereof) are protected by U.S. and international copyright laws. The materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of the Site. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the materials. Modification or use of the content of the Site except as expressly provided in this User Agreement violates the Site’s intellectual property rights. The Site, or the party that provided the materials to the Site, retains all of its right, title, and interest in the materials. Your access of the Site does not transfer title or rights in any of the Site’s intellectual property.
Except as explicitly stated otherwise, any notices shall be given by postal mail to: 1143 Northern Blvd Box 120 Clarks Summit, PA 18411 (in the case of BassObsessed), or to the email address you provide to BassObsessed during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. BassObsessed may provide you with notices by email, regular mail, or postings on the Service.
29. USER DISCUSSION LISTS AND FORUMS
The Operators may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Operators may edit or remove content on the Website at their discretion at any time.
30. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to receive or request any news, messages, or other information from the Service concerning companies, stock quotes, investments or securities, please you acknowledge that the Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. BassObsessed and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Google and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
31. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
32. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that BassObsessed may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on BassObsessed’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BassObsessed has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BassObsessed reserves the right to log off accounts and deactivate usernames that are inactive for an extended period of time. You further acknowledge that BassObsessed reserves the right to modify these general practices and limits from time to time.
33. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of third parties, such as advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such party. You agree that BassObsessed shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
34. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your BassObsessed username) or Content you do not own, use of the Service or Content you do not own, or access to the Service or Content you do not own, without the express written consent of BassObsessed.
35. No WARRANTY
THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.
IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
36. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BASSOBSESSED AND/OR BASSOBSESSED REPRESENTATIVES OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
BASSOBSESSED AND BASSOBSESSED REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON BASSOBSESSED OR CONTENT ACCESSED THROUGH BASSOBSESSED BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO BASSOBSESSED OR CONTENT ACCESSED THROUGH BASSOBSESSED, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF CL OR ANY BASSOBSESSED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF CRAIGSLIST OR CONTENT ACCESSED THROUGH BASSOBSESSED; ANY INABILITY TO ACCESS OR USE BASSOBSESSED OR CONTENT ACCESSED THROUGH BASSOBSESSED; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF BASSOBSESSED OR CONTENT ACCESSED THROUGH BASSOBSESSED.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF BASSOBSESSED OR CONTENT ACCESSED THROUGH BASSOBSESSED (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON BASSOBSESSED AND LINKS IN CONTENT ACCESSED THROUGH BASSOBSESSED).
You hereby release BassObsessed and each of the BassObsessed Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to BassObsessed or content accessed through BassObsessed, or any interactions with others arising out of or related to BassObsessed or content accessed through BassObsessed, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
THE OPERATORS’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
37. GENERAL INFORMATION
Independent Contractors. Nothing contained in the TOS shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.
Choice of Law and Forum. The TOS and the relationship between you and BassObsessed shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and BassObsessed agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Lackawanna, Pennsylvania.
Waiver and Severability of Terms. The failure of BassObsessed to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violations. Please report any violations of the TOS to Us via the by Contact Us link.
This is the entire Agreement governing the use of the BassObsessed.com web site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the Commonwealth of Pennsylvania without regard to that state’s conflict of laws provisions. By using the Site, you expressly consent to the exclusive personal jurisdiction and venue for any claim relating to or arising out of this Agreement or your use of the Site or Services in the state and federal courts for Scranton, Pennsylvania. The laws of Pennsylvania, U.S.A., excluding Pennsylvania’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Lackawanna County, Pennsylvania, USA, and you and BassObsessed consent to personal jurisdiction in those courts. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as near as possible, the original intention of the parties in accordance with applicable law and the remainder of the Agreement shall remain in full force. This Agreement does not create an agency, joint venture, partnership, fiduciary relationship, or any similar relationship between the parties, and neither party has the right or authority to act for, or on behalf of, the other party. Headings are for the convenience of reference only and do not alter the rights and obligations of the parties. The provisions of this Agreement are not for the benefit of any third party. Neither party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, telecommunications or information services infrastructure, hacking, Spam, any failure of a computer, server, or software, or acts or omissions of vendors or suppliers beyond the control of the parties. Provisions of this Agreement that are intended to survive this Agreement shall survive.