Welcome to the Bash! website. Before you begin using this website, you must read and agree to these Bash Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):
Although we may attempt to notify you when major changes are made to these Bash Terms of Service, you should periodically review the most up-to-date version (http://www.bashinteractive.com/terms-of-use). We may, at our sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Bash website or services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Service. The Bash! website is a portal to illustrate and showcase the products and services offered by Bash! Corporation. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. We reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
You must be at least thirteen (13) years of age to use the Service. We reserve the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use. You agree not to copy, disparage, or negatively link to any products or services on our website. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
4. Intellectual Property Rights. Bash's Intellectual Property Rights. You acknowledge that Bash owns all right, title and interest in and to the Service, including all intellectual property rights (the "Bash Rights"). Bash Rights are protected by Canadian, U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below,Bash Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights. Bash claims no ownership or control over any Content submitted, posted or displayed by you on or through Bash services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Bash services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Bash services which are intended to be available to the members of the public, you grant Bash a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Bash services for the purpose of displaying and distributing Bash services. Bash furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
5. No Resale of the Service. Unless expressly authorized in writing by Bash, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
6. Publicity. Any use of Bash's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "Bash," "bashinteractive.com," and "Bash!spray," must be in compliance with this Agreement and in compliance with Bash's then current guidelines, and any content contained or referenced therein.
7. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Bash to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
8. Indemnification. You agree to hold harmless and indemnify Bash, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Bash will provide you with written notice of such claim, suit or action.
9. Entire Agreement. This Agreement constitutes the entire agreement between you and Bash! and governs your use of the Service, superseding any prior agreements between you and Bash!. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Bash! services, affiliate services, third-party content or third-party software.
13. Waiver and Severability of Terms. The failure of Bash! to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Bash! services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Toronto, Canada, and you consent to the jurisdiction of such courts.
16. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, olease contact us (see our Contact Page).