| Terms and Conditions of Service
The
ProBass Bass Chat service (the "Service")
is a way for people who enjoy the sport of bass fishing
to meet each other online. ProBass Bass Chat is provided
by ProBass Networks Inc., whose address is 3912 W. Horatio
Street, Tampa, FL 33609 USA.
This
is a legal agreement ("Agreement") between
you and ProBass Networks Inc. Please read the Agreement
carefully before registering for the ProBass Bass
Chat service. By registering for ProBass Bass Chat,
you become a member of the Service (a "Member"),
and you agree to be bound by the terms and conditions
of this Agreement (the "Terms") for as long
as you continue to be a Member. IF YOU DO NOT AGREE
TO THE TERMS, PLEASE DO NOT REGISTER FOR THE PROBASS
BASS CHAT SERVICE. THE TERMS ARE SUBJECT TO CHANGE
BY PROBASS NETWORKS INC. AT ANY TIME, EFFECTIVE UPON
NOTICE TO YOU.
Either
you or ProBass Networks Inc. may terminate your ProBass
Bass Chat membership at any time, for any reason,
without explanation, effective upon written notice
to the other party. ProBass Networks Inc. reserves
the right to immediately suspend or terminate your
access to the ProBass Bass Chat service, without notice,
upon any breach of this Agreement by you which is
brought to ProBass Networks Inc.' attention.
Your
membership in the ProBass Bass Chat service is for
your sole, personal use. You may not authorize others
to use your membership, and you may not assign or
otherwise transfer your account to any other person
or entity.
REGISTRATION.
To become a Member you must register with us. When
and if you register to become a Member, you agree
to provide accurate, current and complete information
about yourself as prompted by our registration form
("Registration Data"), and to maintain and
update your information to keep it accurate, current
and complete. You agree that we may rely on your Registration
Data as accurate, current and complete. You acknowledge
that if your Registration Data is untrue, inaccurate,
not current or incomplete in any respect, we reserve
the right to terminate this Agreement and your use
of the Site
You
will not impersonate any person or entity.
You
will not "stalk" or otherwise harass any
person.
You
will not express or imply that any statements you
make are endorsed by us, without our specific prior
written consent
ONLINE
CONDUCT. As a Member, you agree that:
1.
You are solely responsible for the content or information
you publish or display (hereinafter, "post")
on the ProBass Bass Chat service, or transmit to other
ProBass Bass Chat Members.
2.
You will not post on the ProBass Bass Chat service,
or transmit to other ProBass Bass Chat Members or
Employees, any defamatory, inaccurate, abusive, obscene,
profane, offensive, sexually oriented, threatening,
harassing, racially offensive, or illegal material,
or any material that infringes or violates another
party's rights (including, but not limited to, intellectual
property rights, and rights of privacy and publicity).
3.
You will use the ProBass Bass Chat service in a manner
consistent with any and all applicable laws and regulations.
4.
You will not include in your profile any offensive
anatomical or sexual references, or offensive sexually
suggestive or connotative language, and you will not
post any photos containing nudity or personal information.
You will not engage in advertising to, or solicitation
of, other members to buy or sell any products or services
through the Service. You will not transmit any chain
letters or junk E-mail to other ProBass Bass Chat
Members. You are solely responsible for your interactions
with other ProBass Bass Chat Members. ProBass Networks
Inc. reserves the right, but has no obligation, to
monitor and/or mediate disputes between you and other
Members.
INDEMNITY
BY MEMBER: You will defend, indemnify, and hold harmless
ProBass Networks Inc., its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities
and expenses (including reasonable attorneys' fees)
relating to or arising out of your use of the ProBass
Chat Room service, including:
(i) your breach of this Agreement; (ii) any allegation
that any materials that you submit to us or transmit
to the Site infringe or otherwise violate the copyright,
trademark, trade secret or other intellectual property
or other rights of any third party; and/or (iii) your
activities in connection with the Site. This indemnity
shall be applicable without regard to the negligence
of any party, including any indemnified person.
The
personal information (including sensitive personal
information) you provide to us will be stored on computer.
You consent to us using this information to build
up a profile of interests, preferences and browsing
patterns and to allow you to participate in the ProBass
Bass Chat Service. All Members also agree to uphold
and maintain our Privacy Policy and to the terms and
conditions thereof.
In
addition, ProBass Networks Inc. disclaims all liability,
regardless of the form of action, for the acts or
omissions of other Members or users (including unauthorized
users, or "hackers") of the Service.
GENERAL
PROVISIONS. This Agreement with you, set out in these
Member Terms and Conditions, is governed by Florida law and you and
we submit to the non-exclusive jurisdiction of the
Florida Courts in the event of any dispute regarding
these Terms or the Service or the Site or any matter
related thereto. This Agreement shall not be governed
by the United Nations Convention on Contracts for
the International Sale of Goods, the application of
which is hereby expressly excluded.
This
Agreement, accepted by you upon registering for the
Service, contains the entire agreement between you
and ProBass Networks Inc. regarding the Service and
the Site, including the Privacy Policy. In the event
of any conflict between the Privacy Policy and this
Agreement, this Agreement shall control. Unless otherwise
explicitly stated, the Terms will survive termination
of your membership to the Service. This agreement
shall terminate immediately and without notice if
you breach any of the Terms, subject to the survival
of all rights and reservations of ProBass Networks
Inc. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in
full force and effect.
The
Member certifies that the Member has read and agrees
to be bound by these Terms and Conditions.
ONLINE
CONTENT: Opinions, advice, statements, offers, or
other information or content made available through
the ProBass Bass Chat service, but not directly by
ProBass Bass Chat, are those of their respective authors,
and should not necessarily be relied upon. Such authors
are solely responsible for such content. PROBASS BASS
CHAT DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND
NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR
THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE,
OR STATEMENT MADE BY PARTIES OTHER THAN PROBASS NETWORKS
INC. UNDER NO CIRCUMSTANCES WILL PROBASS NETWORKS
INC. BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING
FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT
POSTED ON THE PROBASS BASS CHAT SERVICE, OR TRANSMITTED
TO PROBASS BASS CHAT MEMBERS.
WARNING
- PLEASE READ THIS: It is possible that other ProBass
Chat Room Members or users (including unauthorized
users, or "hackers") may post or transmit
offensive or obscene materials on the ProBass Bass
Chat service and that you may be involuntarily exposed
to such offensive and obscene materials. It also is
remotely possible for others to obtain personal information
about you due to your use of the Service, and that
the recipient may use such information to harass or
injure you. ProBass Bass Chat is not responsible for
the use of any personal information that you disclose
on the Service. Please carefully select the type of
information that you post on the ProBass Bass Chat
service or release to others.
PROBASS
BASS CHAT RESERVES THE RIGHT, BUT HAS NO OBLIGATION,
TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS
OF THE PROBASS BASS CHAT SERVICE. PROBASS NETWORKS
INC. SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL
THAT IN ITS SOLE OPINION VIOLATES, OR IS ALLEGED TO
VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING
THIS RIGHT OF PROBASS BASS CHAT, YOU REMAIN SOLELY
RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST
IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE
E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER
PROBASS BASS CHAT MEMBERS THAT ARE NOT READILY ACCESSIBLE
TO THE GENERAL PUBLIC WILL BE TREATED AS PRIVATE BY
PROBASS NETWORKS INC. TO THE EXTENT REQUIRED BY APPLICABLE
LAW.
INFORMATION
SUPPLIED BY MEMBER: ProBass Bass Chat will keep confidential
all information supplied by you to ProBass Bass Chat,
and shall use or disclose such information only for
the purposes for which such information was collected,
or as required by law. Please see Privacy Statement
for more detailed information concerning confidentiality.
COMPLAINTS:
To resolve a complaint regarding the ProBass Bass
Chat service, you should first contact ProBass Networks
Inc Customer Support via email to admin@probass.com.
DISCLAIMER
OF WARRANTY: PROBASS NETWORKS INC. PROVIDES THE PROBASS
BASS CHAT SERVICE ON AN "AS IS" BASIS AND
GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED,
STATUTORY, IN ANY COMMUNICATION WITH PROBASS BASS
CHAT OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT
TO THE SERVICE. PROBASS NETWORKS INC. specifically
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ProBass Networks Inc. does not
warrant that your use of the ProBass Bass Chat service
will be secure, uninterrupted, always available, or
error-free, or will meet your requirements, or that
any defects in the Service will be corrected. ProBass
Networks Inc DISCLAIMS LIABILITY FOR, AND NO WARRANTY
IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
LIMITATION
OF LIABILITY: IN NO EVENT WILL PROBASS NETWORKS INC.
BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF
PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE
PROBASS BASS CHAT SERVICE, EVEN IF PROBASS NETWORKS
INC. OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, PROBASS NETWORKS
INC. LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO PROBASS BASS CHAT FOR THE SERVICE DURING THE TERM
OF MEMBERSHIP.
PROBASS
NETWORKS INC. DOES NOT SCREEN THE MEMBERS REGISTERING
TO THE PROBASS BASS CHAT SERVICE IN ANY WAY. AS A
RESULT, PROBASS NETWORKS INC. WILL NOT BE LIABLE FOR
ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL,
ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING,
WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING
AND/OR MEETING WITH OTHER MEMBERS OF THIS SERVICE,
OR INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES
INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY
INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT. |