TERMS OF SERVICE
Last Modified: 20 November, 2016
Welcome! Please read these Terms of Service (“Terms”) carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions set forth herein, then you may not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
This Site is operated by Basis Live, LLC d/b/a Basis Entertainment (“Basis”). Throughout the Site, the terms “we”, “us” and “our” refer to Basis, including its parent and wholly-owned affiliates. Basis offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting/using our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features, plugins or tools which are added to the current Site shall also be subject to these Terms.
Our Site is hosted through Amazon Web Services and MultiDigital, LLC. They provide us with the online tools that allow us to present information and products to you. By visiting our Site and/or purchasing something from us, you also agree to be bound by any applicable terms and conditions listed on Amazon Web Services located at https://aws.amazon.com/service-terms/
We grant you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. We reserve the right to refuse service to anyone for any reason at any time.
All software and content on our Site, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by us or our software and content suppliers and licensors. Such software and content is protected by United States and international copyright laws.
The collection, arrangement and assembly of all content on the Site is our exclusive property and protected by applicable copyright laws.
We grant you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited, notwithstanding any exceptions described above. We expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to our or any third party’s intellectual property rights.
The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
The names, trade names, logos, service marks, trademarks and trade dress (collectively, “Trademarks”) on the Site are registered and unregistered trademarks of Basis and other parties. Use of the Site in no way grants any license or right to use any Trademarks displayed on the Site. We require prior written approval for the use of the Trademarks as part of a link to or from any website. We also require prior written approval to use the Trademarks in any form of advertising or any other public use.
AGE OF MAGORITY / PARENTAL CONTROLS
The Site is not targeted to persons under the age of thirteen (13), and those under the age of 13 are not permitted to use the Site. By accessing our Site, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site. Parents are encouraged to learn about available parental controls at www.onguardonline.gov.
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content:
- to perform or to solicit others to perform or participate in any unlawful purpose, including but not limited to international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to restrict or inhibit any other person from using the Site;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit information or provide links to (i) false or misleading information, any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, (ii) infringes any third party's intellectual property or other rights; or (iii) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
- Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the Site, any other website, or the Internet;
- Order a number of tickets for an event that exceeds the stated limit for that event;
- Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer; or
- to collect or track the personal information of other Site users;
- to spam, floord, phish, pharm, pretext, spider, crawl, or scrape;
- impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company, or express or imply that any statements you make are endorsed by us;
- to interfere with or circumvent the security features of the Service, the Site, any other website, or the Internet.
If you violate the Site Conduct rules, we reserve the right to terminate your use of the Site or any related website.
We may provide you with access to third-party plugins and/or tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such plugins “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party plugins and/or tools.
Any use by you of optional plugins offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which plugins/tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
MOBILE DEVICE APPLICATION
If you install or use our mobile application, software and services, including any accompanying documentation (collectively, "App"), we grant you a limited right to install and use the App on a single authorized device located in the United States and its territories or in another country where we may offer the App. You may use the App for your personal, non-commercial and entertainment purposes only. You agree to also comply with your apps Terms of Service. We do not grant you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the App. We will not provide you with any device, internet access or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We have made every effort to display as accurately as possible the colors and images of our products that appear on our Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete and/or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
To purchase tickets, our Site will direct you to our Ticketing Agent websites, such as but not limited to websites operated by Ticket Master, Paciolan, Inc., and/or the Ginger Bread Shed. In addition to the terms and conditions of those third party websites, the following rules apply to your purchase of Tickets:
- All ticket prices for events that occur in the United States are stated in U.S. Dollars;
- Acceptable forms of payment are specified on our ticketing agents website;
- Tickets may be subject to non-refundable fees, including, a per ticket service fee, a per order processing fee, and a delivery fee (collectively, “Fees”) and all applicable sales taxes. You may be able, in some instances, to purchase tickets directly from the venue box office without paying the Fees;
- We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order that exceed the Ticket Limits (typically eight (8)). These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
- We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void.
- Whilst we allocate specific seats to you we have the right to reassign your seats to others of equal value.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited
- Prices for our tickets, products and/or services are subject to change without notice. All ticket and event sales are final, and except as specifically provided elsewhere in the Terms, are non-refundable and non-exchangeable.
- We may occasionally offer tickets at a discount or other promotions after the original on-sale date; however, we will not refund the difference between the original price and the sale price or promotional deal.
- In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, "Promotions") made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Orders are subject to credit card approval and processed only after billing information has been verified. If we receive incorrect billing information for a ticket order, your order processing and delivery may be delayed. In these cases, our customer service will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your tickets to another customer without further notice.
Only you may be aware of any problems that may occur during the purchase process. If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with our ticketing agent whether or not your order has been placed. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
If a product or ticket is defective, please contact us for a replacement.
Different combinations of delivery methods may be offered. Please carefully review the list of delivery methods offered during the purchase process. For security purposes, we can only ship tickets to the billing address on file with the credit card company that is used for your purchase. Generally, some of the following delivery methods may be offered
- Standard Mail - for events that occur in the United States or Canada, but only if you make your ticket order at a time that is sufficiently before the date of the event. If the event is in the United States, then you will only be able to use this method if you have a United States or Canadian billing address.
- Print-at-Home - for events that occur in the United States or Canada if the venue has installed and enabled equipment necessary to support this technology.
- Will Call - for events that occur in the United States or Canada.
ACTS SUBJECT TO CHANGE
Acts and performance times are subject to change or cancellation at any time without notice. No refund will be owed if an act, artist or performance time is changed or canceled.
All events held in open venue are “rain or shine”; there will be no refunds for inclement weather.
EVENT CANCELLED / POSTPONED
Occasionally, Events are canceled or postponed due to circumstances outside of our control. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that Event. For exact instructions on any canceled or postponed concert, please check the event Site and/or contact us. If you have any doubt that the event will occur, please check the event Site or contact us.
If an event is canceled, and you purchased your ticket through our Ticketing Agent, we will automatically issue you a refund to the credit card, debit card or gift card that you used to purchase that ticket. No refunds will be given to anyone other than the original purchaser of the ticket. We may ask the purchaser to produce the ticket to receive a refund. If you used any other payment method, please contact us for more information or to request a refund. If a ticket was purchased through a retail location, then you may only be able to receive the refund by presenting the ticket yourself to the retail location where it was purchased.
If the event is moved or rescheduled, we may set refund limitations. Please contact us for more information or to request a refund if you cannot attend the rescheduled event. Please make sure to include/provide your account number so we can expedite your refund if applicable.
There is no redemption value for Tickets received via sweepstakes, give-away, trade, or any method other than yourself purchasing the ticket(s); you will not receive any monetary remuneration for such ticket.
You are responsible for any travel, accommodations you arranged to travel to the concert. We are not responsible, in any way, for your expenditures outside the purchase of the tickets.
You understand that your content (with the exception of credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
By attending this Event in any capacity is at your own risk; you knowingly and willingly do so at your own risk. Basis, its members, event coordinator(s), agents, officers, officials, and volunteers, all sponsors and vendors as well as the venue, its agents, officers, elected and appointed officials, and volunteers will not be held liable for damages, loss of property, or injury of any degree. By attending the event you agree to NOT hold any of the named or anyone else associated with the event liable for any damage, loss, injury, or anything else you, your property, or your guests may sustain or incur by participating in, or attending this event or any related event.
You agree that by purchasing tickets for events through the Site, you will comply with all rules and procedures listed on the FAQ section of the Website. those listed on the Ticket, and those promulgated by the venue and/or facility for said event.
You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers. We reserve the right, without refund of any amount paid, to refuse admission to or eject any person whose conduct is deemed by us (or our designee(s)), in our sole discretion, to be disorderly. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket's face amount. A ticket is not redeemable for cash.
Furthermore, you agree that you and any guests in your party that attend the Event, for which you purchase tickets through our Site, shall vacate the premises, including but not limited to adjoining parking lots, as directed by Event Security.
RECORDING, TRANSMISSION AND EXHIBITION
You may not record, stream or otherwise transmit any performance without our express written permission.
You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us and venue to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance, inside or outside the venue) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICES
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on our Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the website where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- 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; 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.
Basis agent for notice of copyright infringement is:
P.O Box 243, Forest City, IA 50436.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send product/service reviews, comments, feedback, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
Additionally, you grant to us without any compensation of any kind to you or others, a worldwide, perpetual irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display, and otherwise use in any way any and all Comments you submit to us. You waive, release and agree not to assert any and all moral rights that you may have in any Comments submitted by you to us. We reserve the right to edit, modify, abridge or otherwise change any Comments you or others submit in our sole discretion.
By submitting Content, you warrant and represent that you have the right to use such Comments and have the right to permit us to use such Comments in accordance with these Terms. You agree not to submit any Comments that are owned by someone other than you. You also agree not to submit any Comments that contains the names, image, likeness or voice of anyone other than yourself without first obtaining permission to submit such Comment and to grant a license to us.
If you identify yourself by name in Comments you submit or submit Comments that contains an image or audio or video recording of yourself, you authorize us, without compensation of any kind to you or anyone else, to reproduce, print, publish, translate, modify, edit and disseminate, in any format or media now or hereafter created, your name and such images and recordings in any way we deem appropriate, in our sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason.
We do not guarantee that Comments you or others submit will be posted to the Site or become publicly available, and we do not guarantee that Comments posted to the Site will not be offensive, defamatory or otherwise objectionable. We reserve the right to remove any Comments from the Site without notice and in our sole discretion; however, you acknowledge and agree that we are under no obligation to you to police, monitor or remove Comments and we make no guarantee with respect to the completeness, accuracy, integrity or quality of Comments submitted to the Site. We may, but have no obligation to, monitor, edit or remove Comments that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
PERSONAL INFORMATION AND REGISTERED USER ACCOUNTS
You may register as a user of the Site and become a registered user (“Registered User”). Becoming a Registered User gives you access to additional services and functionalities available on the Site (collectively, “Registered Services”), and the following terms and conditions apply to your use of the Registered Services (the “Additional Terms”). The Additional Terms are in addition to and not in lieu of the Terms. The Terms and the Additional Terms govern the relationship between you and Basis concerning your use of the Registered Services. Only to the extent there is a conflict or inconsistency between the Terms and the Additional Terms, the Additional Terms shall control. If you do not agree with any of the Additional Terms, you are free to discontinue use of the Registered Services.
Purchases made online while logged into your account will allow us to register and record your purchases for you, giving you access to product descriptions, quantity purchased, price, date of purchase and additional information. We will track all of the purchases that you make online while logged into your account.
As a Registered User, you may be allowed to submit Comments to our Site. You agree all Comments submitted by you will abide by these Terms. You may also be able to upload to your account additional information or data, such as an avatar icon for public display with your Comments. The information or data you upload or enter into your account is called “Submissions.” We reserves the right to supervise the uploading of any Submissions, but we are under no legal obligation to do so.
For any Submissions that are covered by any intellectual property rights (“Your IP Content”), you grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use those Submissions (“IP License”) as we see fit in our sole discretion. However, the IP License ends when you delete Your IP Content from your account, unless Your IP Content has already been used outside your account or shared with others and they have not deleted it. You understand and agree that even though Your IP Content may be deleted from your account, it may persist in backup copies of your account, but Your IP Content which is deleted will not be available for your use or review from your account once it has been deleted.
By becoming a Registered User, you agree and opt-in to receive general and targeted advertising, marketing materials and other communications, including emails from us and our parent and affiliates.
As part of the registration process, you will be asked to select a username and password. We reserve the right to refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You agree not to transfer, resell, share, allow unauthorized persons to use or other facilitated access to or use of the Site through your account. If you have reason to believe that your account is no longer secure, you must promptly change your password on your account and immediately notify us of the problem visting our “Contact Us” webpage on the Site. You are entirely responsible for maintaining the confidentiality of your username and password and any and all activities (including purchases) that are conducted through your account.
You agree that Basis, its affiliates and agents may use your name, email address, and/or telephone number to access, review, edit and modify your Submissions and other information associated with your account.
You acknowledge and agree that we own all the data and information concerning your account, and will continue to own all of the data, except as provided herein relating to Your IP Content, and information concerning your account even if your account is deactivated for any reason.
We reserve the right, in our sole discretion, to remove or delete any or all material from your account or the Site at any time. We may also deactivate your account for any reason and in our sole discretion. Deactivation of your account for any reason, including at your request or as a result of account inactivity, may result in all data and information uploaded or submitted by you or by us, regardless of source, to no longer be accessible to you, even if you decide to open a new account. You acknowledge and agree that we have no obligation to make a copy, electronic or otherwise, of your Submissions or other account data available to you at any time, including, without limitation, upon deactivation of your account for any reason.
We reserve the right to terminate your access to and use of your account, or any portion thereof, without liability, at any time and for any reason, with or without cause, and without notice to you.
Upon deactivation of your account for a violation of the Terms or Additional Terms, your right to use the Site and any portions of the Site will immediately cease.
If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your account will provide you a location to store your information and allow you to make a future purchase without re-entering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
BASIS TOTAL LIABILITY TO YOU IS LIMITED TO THE AMOUNTS PAID BY YOU.
IN NO CASE SHALL BASIS, OUR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, PARENT ENTITIES, AFFILIATES, AGENTS, CONTRACTORS, SUBCONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Basis and our subsidiaries, affiliates, members, managers, partners, directors, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
GOVERNING LAW / DISPUTE RESOLUTION
Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. We make no representation or warranty that product descriptions, third-party materials and/or information are appropriate or available for use in any particular jurisdiction. Use of the Site in any jurisdiction where all or any portion of the website might violate any legal requirements is prohibited and you agree not to access the Site in any such jurisdiction. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
You agree that these Terms and your use of the Site will be governed by the laws of the State of Iowa. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Des Moines, Iowa, in all disputes (i) arising out of, relating to or concerning these Terms, the Site and your use thereof; (ii) in which the Site and/or these Terms are an issue or a material fact; or (iii) in which the Site or these Terms are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Site or these Terms.
Please review carefully as this section affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
Arbitration is final, binding and subject to limited review by a court. You agree that this arbitration section shall survive termination of these Terms. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against us arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.
You must first present any claim or dispute to us by contacting us to allow us the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted with the rules of a nationwide Arbitration organization. You and Basis agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Des Moines, Iowa, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what these Terms provide; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.
Any arbitration shall be confidential, and neither you nor Basis may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrator(s) shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
If any portion of this section is determined by an arbitrator or court to be inapplicable or invalid, then the remainder shall be given full force and effect.
All administrative fees and expenses of arbitration will be divided equally between you and us. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
You agree that Basis may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Basis will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
COMPLIANCE WITH LEGAL REQUESTS
You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to us through the Site may be subject to legal process (e.g., a subpoena) by Basis or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that we will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that we may have no obligation to give you notice of any legal process that may result in any information related to your use of the Site being produced, discovered or otherwise disclosed.
Our performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of our right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by us with respect to such use.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and Basis as a result of these Terms or your use of the Site.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Any rights not expressly granted to you herein are reserved by and Basis, its parents, affiliates, subsidiaries, licensors, and other third parties. The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision nor shall it constitute a waiver of any such future right or provision.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
A printed version of this Agreement and/or any notice given Basis in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Basis in printed form.
This Site may be accessed from countries other than the United States. This Site and the Service may contain products or references to products that are only available within the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace these Terms, in whole or part, by posting updates and changes to our Site without notice to you. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at via the e-mail link of the “Contact Us” webpage on the Site or mailing us at: Basis Entertainment, P.O Box 243, Forest City, IA 50436.