These terms and conditions (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and BASH B.V. (“we”, “us” or “our”). BASH B.V. is located at Leidsegracht 38, 1016 CM Amsterdam. This legally binding agreement concerns your access to and use of the BASH product. By accessing or using our (mobile) applications, websites or any other BASH service (together, the “Service”) made available by BASH, however accessed, you agree that you have read, understood and are bound by these terms. The service is owned or controlled by BASH. These terms affect your legal rights and obligations. If you do not agree with all these terms, then you are expressly prohibited from using the BASH services and you must discontinue use immediately.
GENERAL CONDITIONS
It is your responsibility to periodically review these terms and conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and accepted the changes in a revised version of the terms when continued use of the service after the date of such a change are posted.
We will alert you of this change by the change of date in the “last updated” date of these terms and you waive any right to receive specific notice of each such change.
We reserve the right to modify or terminate the service or your access to the service for any reason, without notice, at any time, and without liability to you.
You must be at least 13 years old to use the service. All users who are minors in the jurisdiction they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the service. If you are a minor, you must have your parent or guardian read and agree to these terms prior to you using the Service.
USER REGISTRATION AND ACCOUNT SECURITY
When registering with the service, you agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable
You represent that all information you provide or provided to BASH upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy
You have the legal capacity and you agree to comply with these terms
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, licence or assign your account, username, or any other account rights. With the exception of people or businesses that are expressly authorised to create accounts on behalf of their employees or clients, BASH prohibits the creation of and you agree that you will not create an account for anyone other than yourself
You will not access the Servicethrough automated or non-human means, whether through a bot, script, or otherwise
You will not use the service for any illegal or unauthorised purpose
Your use of the site will not violate any applicable law or regulation
If you provide untrue, inaccurate, not current, or incomplete information, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof)
You agree that you will not solicit, collect or use the login credentials of other BASH users
You must not attempt to restrict another user from using or enjoying the service and you must not encourage or facilitate violations of these terms or any other BASH terms
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials (collectively “Content”) that you submit, post or display on or via the service
Violation of these Terms may, in the sole discretion of BASH, result in termination of your BASH account. You understand and agree that BASH cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for BASH, we can stop providing all or part of the Service to you
We reserve the right to force forfeiture of any username for any reason
Upon termination, all rights granted to you in these terms will immediately cease
When you sign up on behalf of an organisation (“instructing party” and or “organisation”), you acknowledge that you are competent and authorised to that effect. You confirm that you are authorised to develop business activities in your country.
SAFETY
You must not create or submit unwanted email, comments or other forms of commercial or harassing communications (spam) to any BASH users
You must not defame, stalk, bully, abuse, harass, threaten, impersonate, discriminate or intimidate people or entities and you must not post private or confidential information via the Service
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content via the Service
You may not use the service for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations (for example state, local and provincial) applicable to your use of the service, including but not limited to, copyright laws
You must not interfere or disrupt the service or servers or networks connected to the service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any BASH page is rendered or displayed in a user's browser or device
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or BASH
We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms. BASH reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by BASH, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, BASH encourages you to maintain your own backup of your Content. BASH is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. BASH will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure
You agree that BASH is not responsible for, and does not endorse, content posted within the Service. BASH does not have any obligations to pre-screen, monitor, edit, or remove any content. If your content violates these terms, you may have to bear legal responsibility for that content
You agree that you are responsible for all data charges you incur through use of the service
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means (except as may be the result of standard search engine protocols or technologies used by a search engine with the express consent of BASH).
PROHIBITED ACTIVITIES
You may not access or use the Service for any purpose other than for which we make the Service available. The Service may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us
As a user, you agree not to make any unauthorised use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretences
As a user, you agree to not use the Service to advertise or offer to sell goods and services. As a user, you also agree to not circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or Content contained therein
As a user, you agree to not attempt to impersonate another user or person or use the username of another user, sell or otherwise transfer your profile or use any information obtained from the Service in order to harass, abuse or harm another person
As a user, you agree to not disparage, tarnish or otherwise harm, in our opinion, us and/or the Service. You may also not use the Service in a manner inconsistent with any applicable laws or regulations
INTELLECTUAL PROPERTY RIGHTS
The Service contains owned or licensed by BASH (“BASH content”). Unless otherwise indicated, the service is our propriety property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “content”) and the trademarks, service marks, and logos contained (the “logo’s”) are owned by us or licensed to us, and are protected by copyright and trademark laws. BASH owns and retains all rights in the BASH Content and the Service. You will not remove, alter or conceal any copyright, trademark or other proprietary rights notices incorporated in or accompanying the BASH Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, licence or otherwise exploit the BASH Content
BASH hereby grants to you a non-transferable licence to use the Service. You may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy (except as expressly permitted by this licence), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open-sourced components included with the Service). Any attempt to do so is a violation of the rights of the BASH. If you breach this restriction, you may be subject to prosecution and damages. The Terms will govern any upgrades provided by BASH that replace and/or supplement the original Service, unless such upgrade is accompanied by updated terms in which case these terms will govern
BASH does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to BASH a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use the Content that you post on or through the Service, subject to the privacy policy of BASH
You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licences set forth in these Terms; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction
The BASH name and logo are trademarks of BASH, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BASH. In addition, all page headers, custom graphics, button icons and scripts are proprietary rights of BASH, and may not be copied, imitated or used, in whole or in part, without prior written permission from BASH
ORGANISATIONS AND TICKETING
Organisation or instructing party is defined as the party that acts on behalf and in the capacity of an occupation, company or business in using the BASH services
When you sign up on behalf of an organisation, you acknowledge that you are competent and authorised to that effect. You confirm that you are authorised to develop business activities in your country
BASH shall only be liable for its own acts or omissions and not for acts or omissions of third parties. This exclusion expressly applies to acts or omissions for events or activities originating outside the services of BASH (such as internet disturbances or malfunctions in third party systems), except in case such events were caused by the intent or gross negligence of BASH
BASH will perform commercially responsible efforts to enable the instructing party/organisation to sell tickets for events that it hosts. The transaction takes place between organisation and user, BASH is expressly not a party to this transaction and therefore not liable for any possible damages.
For tickets bought for events that were hosted through BASH, the instructing party/organisation should be approached for any refunds. As stated, BASH is not a party in the transaction that takes place between organisation and user, it is therefore not liable for any refunds, changes, or any other damages
BASH has the right to, without prior notice and without any obligation to make good on any possible damages, cease any efforts if BASH believes that a party is not fulfilling its obligations stipulated in the terms and conditions, a contract, or any other agreement
The organisation will not use the BASH services to the extent that it’s used for:
Illegal activities
Promoting illegal activities
Unlawful activities
Promoting unlawful activities
Activities that could infringe on the rights of third parties
Activities that could harm the reputation of BASH or the services of BASH
BASH is not a party between agreements between the organisation and the user, third parties or others. BASH is not liable to the organisation for a legal act of the user or third parties. By agreeing to the terms and conditions, the organisation exempts BASH for any claim from the user, third parties or others that relate to the agreement between organisation and user
Without prejudice to the foregoing regarding liability, and unless caused by direct effect due to gross blame or negligence, BASH is not liable for damages that are related to:
The organisation not upholding agreements or contracts
Measures taken by domestic, foreign or international governments
International conflicts
Violent or armed actions
Measures by competent authorities
Actions resulting from a boycott
Workers irregularities at third parties or within BASH
Failures or damages in the electric networks, telecommunications or other such networks
Shortcoming by third parties that BASH involves to uphold the agreements and/or terms and conditions
Cybercrime.
USER GENERATED CONTRIBUTIONS
The Service may invite you to contribute to, make content, organise events, make friends and may encourage the use of other functionalities. The Service may provide you with the opportunity to create, submit, post, display or send other functionalities and materials to us or post these on the Service. These materials include, but are not limited to text, writing, video, audio and photographs and other materials (collectively, “Contributions”). These contributions can be viewable by other users of the Service. As such, Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby agree that:
The creation, distribution, transmission, public display and the accessing, downloading, or copying of your Contributions do not and will not infringe to the right of third parties
Your Contributions are not false, inaccurate or misleading
Your Contributions are not obscene, lewd, lascivious, filthy, violent or harassing. They are furthermore not libellous, slanderous, or otherwise objectionable in our opinion. The Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
The Contributions do not violate any applicable law, regulation or rule. They do not violate the privacy or publicity rights of any third party
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Any use of the Service in violation with the above-mentioned points, these Terms and Conditions or other agreements, may result in, among other things, termination or suspension of your rights to use the Service.
THIRD-PARTY CONTENT
The Service may contain links to other websites or services (“Third Party Content”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content belonging to or originating from Third Party Content. Such Third Party Content is not investigated, monitored or checked by us. We are not responsible for any Third Party Content accessible on or by the use of our Service
If you leave the Service and access Third Party Content, you do so at your own risk, and you should be aware that these Terms and Conditions do no longer apply
When accessing Third Party Content, you should review the applicable terms and policies including privacy and data gathering practices. Any purchase you make through Third Party Content will be through other websites and services from other companies. We therefore expressly take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. PRIVACY POLICY
We at BASH care about data privacy and security. To read all about it, please review our Privacy Policy at https://bash.social/privacy The BASH Services are hosted in the European Union.
MODIFICATIONS AND INTERRUPTIONS
We at BASH, reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we do not have an obligation to update any or all information within our Service. We furthermore reserve the right to modify, change or discontinue all or part of the Service without any notice at any time
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. We furthermore cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, with the possible result of any interruptions, delays, or errors
We reserve the right, for the BASH services, to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. By using our services you agree that we have no liability towards you for any loss, damage, or other inconvenience caused by the fact that you cannot access our Service during any downtime of our Service
Nothing in these Terms and Conditions will be interpreted and/or construed to obligate us to maintain and support the Service or to supply any corrections, updates or other measures in connection to this.
GOVERNING LAW
These Terms and Conditions and your use of the Services are governed by and made in accordance with the laws of the Netherlands.
CORRECTIONS
There may be information on our Service that might contain typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, agreements and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice to you.
NO WARRANTY
The Service, including, without limitation, BASH Content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither BASH nor any of its directors, employees, managers, officers, partners, affiliates or agents (collectively, the "Bash Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the BASH Content; (c) user content; or (d) security associated with the transmission of information to BASH or via the Service. In addition, the BASH Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus
The BASH Parties do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. The BASH Parties do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful
Although it is the intention of BASH for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment
You acknowledge that your use of the Service is at your sole risk. The BASH Parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and the BASH Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these Terms
By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service
The BASH Parties do not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
LIMITATION OF LIABILITY
To the extent not prohibited by law, in no event shall the Bash Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:
The Service;
The BASH Content;
User content;
Your use of, inability to use, or the performance of the Service;
Any action taken in connection with an investigation by the BASH Parties or law enforcement authorities regarding you or any other party’s use of the Service;
Any action taken in connection with copyright or other intellectual property owners;
Any errors or omissions in the operations of the Service; or
any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or computer failure or malfunction, even if foreseeable or even if the BASH Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, unforeseen circumstances, telecommunications failure, or theft or destruction of the service)
In no event will the BASH Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event will the BASH Parties total liability to you for all damages, losses or causes of action exceed the amount of € 100. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose
You agree that in the event you incur any damages, losses or injuries that arise out of acts of BASH or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the BASH Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the BASH Parties
BASH is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties
You agree that any claim you may have arising out of or related to your relationship with BASH must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
INDEMNIFICATION
You agree to defend (at the request of BASH), indemnify and hold the BASH Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
your Content or your access to or use of the Service;
your breach or alleged breach of these Terms;
your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
any misrepresentation made by you
You will cooperate as fully required by BASH in the defence of any claim. BASH reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of BASH.
PARTIAL INVALIDITY
If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
CONTACT
If you have any questions about these Terms and Conditions, please send an email to info@bash.social.