READ CAREFULLY THIS END USER LICENSE AGREEMENT BEFORE accessing, receiving, downloading, syncing, using, or possessing OR continuing to access, receive, download, sync, use or possess Software, Documentation or Data. The Grant of License contains LIMITATIONS and RESTRICTIONS on your right to access and/or use the Software, Data, and associated Documentation by or on behalf of BassForecast and its Third Party providers (each as defined below). You will not be entitled to any refund of pre-paid Subscription fees for early termination of this End User License Agreement (“EULA”). If you do not agree to these terms, please do not click "Accept" or "Continue" or access the software or register for Products or services with BassForecast. IT IS RECOMMENDED THAT YOU DOWNLOAD AND KEEP A COPY OF THIS LICENSE FOR YOUR RECORDS. The Products and/or services you have accessed and/or requested include software, user interfaces, applications and associated media ("Software") for use solely with Apple iPhone, Apple iPod touch or Mac devices or other Apple-branded products that run the Apple iPhone or Mac operating system software ("Hardware"), printed, online and electronic materials associated therewith ("Documentation") and data, materials, and content ("Data") provided by or on behalf of BassForecast, LLC. ("BassForecast") or third party providers that either contribute to the creation or operation of the Software, Data and Documentation, or enable access or use of same by Licensee, including but not limited to software and/or technology developers, internet storefronts, Internet Service Providers, third party vendors and/or clients or customers of BassForecast, and mobile/wireless communications carriers (collectively "Providers"). By accessing, receiving, downloading, syncing, using or possessing or continuing to access, receive, download, sync, use or possess the Software, Documentation, and/or any Data, you ("Licensee") acknowledge the validity of and agree to be and are hereby bound by and agree to comply with the terms and conditions of this EULA, the Privacy Statement referenced herein which can be found at http://www.BassForecast.com/privacy, any applicable subscription terms and conditions relating to the Software, Data and Documentation ("Subscription Terms"), any applicable Provider terms and conditions ("Provider Terms"), the Terms of Service for the Apple App or Mac Store, and any supplemental terms and conditions posted on http://www.bassforecast.com governing use of Software, Hardware, Documentation and/or Data or otherwise agreed to in writing with BassForecast. The EULA, Privacy Statement, any applicable Subscription Terms, the Terms of Service for the Apple App or Mac Store, any applicable Provider Terms and any applicable supplemental terms and conditions are collectively referred to herein as the “Terms and Conditions”. If Licensee does not agree to the terms and conditions of this EULA, the Privacy Statement, Subscription Terms, Provider Terms or any other applicable Terms and Conditions, Licensee should not access, receive, download, sync, use or possess the Software, Data and/or Documentation and must immediately destroy any and all copies of the Software, Data and/or Documentation accessed by Licensee. To the extent this EULA or any other applicable Terms and Conditions may be translated into a language other than English and there is a conflict of terms between English and other language, the English version shall control.
1. GRANT OF LICENSE. By clicking to accept these terms, acknowledging these terms upon initial access of the Software, Data or Documentation, or upon registering for Products and services associated with the Software, Data, Documentation or Hardware with BassForecast or its Providers, BassForecast grants to Licensee a personal, non-exclusive, non-transferrable license to use one copy of the Software, Data and Documentation, only as authorized in this EULA, on one Hardware device at any given time that is owned, leased, licensed or otherwise controlled by Licensee, and Licensee hereby acknowledges and agrees to the validity of this EULA, and all other applicable Terms and Conditions, and agrees to be bound hereto and thereby. The Software, Data and Documentation will be in the form and format as determined by BassForecast in its sole discretion from time to time, and such form and format may limit or restrict the use of the Software, Data or Documentation to certain types of Hardware devices at the exclusion of others, and may have additional licensing terms restricting their use thereto. The Software, Data and Documentation is "in use" on Hardware when it is loaded into temporary memory or installed into permanent memory of that Hardware. BassForecast expressly reserves the right to terminate this license grant without notice to Licensee.
2. LIMITATIONS. Licensee may only install, store, and use the Software, Data and/or Documentation on one Hardware device for personal, non-commercial purposes only. You may not use the Software, Data or Documentation on any other platform, including, but not limited to servers, except as expressly provided herein. The sale and/or redistribution of the Software, Data and/or Documentation is expressly prohibited, unless agreed to in writing by BassForecast. Use other than described above may subject the Licensee to termination of this license and denial of access to BassForecast Products and services. Licensee may not remove any proprietary notices that appear in connection with the Software, Data or Documentation, and may not modify the Software, Data or Documentation in any way. Any copies made of the Software, Data and/or Documentation must be restricted to back-up, archival purposes, provided such copy contains all of the original proprietary notices provided with or otherwise relating to such Software, Data and Documentation.
3. RESTRICTIONS. The Software, Data and/or Documentation is licensed to the Licensee, not sold, and only to Licensee and not any third party. Licensee may not use, or permit other individuals or entities to use, the Software, Data and Documentation except under the terms expressly listed herein. Licensee may receive the Software, Data and/or Documentation in more than one medium. Regardless of the type or size of medium You receive, the Software may be in use on only one medium that is appropriate for Your single Hardware device at any given time. This EULA and the Software, Data and/or Documentation may not be shared with other users or used concurrently on different Hardware devices. Licensee shall not personally, nor permit any other individual or entity to: (a) use the Software, Data and Documentation for service bureau, time-sharing, enterprise, concurrent use or other similar purposes; (b) use the Software, Data and Documentation following expiration or termination of any applicable subscription period; (c) modify, translate, reverse engineer, decompile, disassemble or otherwise reduce the Software and Data to human-readable form nor create derivative works based upon the Software, Data or Documentation or any part thereof; (d) copy the Software, Data and Documentation (except as permitted herein); (e) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to or copies of the Software, Data and Documentation; (f) make, distribute, transfer or push copies of the Software, Data or Documentation from one Hardware Device or medium to another over a network without a specific license from BassForecast; (g) export or re-export, directly or indirectly, the Software, Data and/or Documentation into any country prohibited by the United States Export Administration Regulations; and (h)remove any proprietary notices or labels on or relating to the Software, Data and Documentation. Licensee acknowledges that BassForecast has the right to remove listings, restrict access, terminate and otherwise modify the Products and services provided by BassForecast for any reason, including but not limited to a breach of any of the Terms and Conditions.
4. Enhancements and Updates. This license does not grant Licensee any right to any enhancement or update of the Software, Data or any other licensed material contemplated by this EULA or any other applicable Terms and Conditions, although such items may be made available to Licensee from time to time at BassForecast's sole discretion.
5. Access. The Software, Data and Documentation supplied by BassForecast is made available on an electronic site or other sites BassForecast shall designate ("Designated Site"). Your options as to which Software, Data and/or Documentation are available to You, and how to move the Software, Data and/or Documentation from the Designated Site to Your location and/or to issue appropriate electronic commands to accept the Software, Data or Documentation at the Designated Site and move such items to an authorized location or to pass on authorized users to the Designated Site are limited by the type or format of the Software, Data or Documentation selected by You, and Your Hardware Device(s). BassForecast makes no guarantees that the Software, Data and/or Documentation selected by You will be operable with Your Hardware Device(s). For the purposes of determining situs with regard to taxation, jurisdiction or other issues, it is agreed that the situs of the Software, Data and Documentation receipt and transfer is in Texas. A trademark or copyright, or copyrightable work contained within the items downloaded or accessed is considered a use or publication of the trademark or copyright in both the location in which it has been accessed in Texas at the host site and at the location of the user.
6. Protection of Intellectual Property Rights. BassForecas, LLC. retains all rights, title and interest, including rights of trademark and copyright in those things defined herein as "Property of BassForecast." "Property of BassForecast" is hereby defined to include all rights, title and interest in the Software, Data and Documentation (subject to any underlying Provider rights therein), plus any reports, forecasts, graphics, data, demographic and user information, equipment and information furnished pursuant hereto, the trademark "BassForecast", identifiers embodying "BassForecast Rating", or “BFR” as all or a portion thereof, any other trade names, trademarks, service names, symbols, identifiers, URL's, formats, designs, devices; or proprietary Products owned by BassForecast or as may be used to designate the Products and services furnished by BassForecast or used in connection with the Products and services by BassForecast or its Providers. The intellectual property rights of all Providers contributing to this website and the Software, Data and/or Documentation hereto shall remain with the respective Providers, including, without limitation, certain applications, software, features, enhancements and modifications made thereto by the Providers on behalf of BassForecast. Access codes and information furnished by BassForecast or its Providers to You are intended for Licensee's sole and exclusive use only and shall be considered Property of BassForecast and/or its Providers. When the Property of BassForecast or its Providers is displayed or used in publications of any kind or through any media, all proprietary notices and/or additional licenses or terms included with the Property of BassForecast or its Providers shall not be removed or defaced by Licensee. This EULA gives Licensee no rights to the Software, Data or Documentation other than as expressly provided herein, and Licensee shall not claim any rights including without limitation, trademark or copyrights in any Software, Data or Documentation. All rights not specifically expressly granted herein, including Federal and International Copyrights and Industrial Property rights, are reserved for the sole benefit of BassForecast or its Providers.
7. DISCLAIMERS. THE SOFTWARE, DATA AND DOCUMENTATION ARE PROVIDED "AS IS", AND WITHOUT WARRANTY OR TECHNICAL SUPPORT OF ANY KIND FROM BASSFORECAST, ITS AFFILIATES OR ITS PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BASSFORECAST AND ITS AFFILIATES AND PROVIDERS expressly disclaim any and all representations and warranties, express or implied, arising by law or otherwise, regarding the Software, Data, Documentation, or any other Products and services contemplated by this EULA, including without limitation any express or implied warranty of merchantability, express or implied warranty of fitness for a particular purpose, non-infringement, quality, accuracy, completeness, effectiveness, reliability, usefulness, that the Software, Data and/or Documentation will be error-free, or implied warranties arising from course of dealing or course of performance. TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF INITIAL DOWNLOAD OR INSTALLATION OF THE SOFTWARE, DATA AND/OR DOCUMENTATION OR ACCESS, DOWNLOAD, USE OR POSSESS SERVICES PROVIDED BY BASSFORECAST FOR OR ON BEHALF OF LICENSEE. This limited warranty is offered by BassForecast alone, and does not extend to any software code, data, information, content and the like that may be contributed to this website, the Software, Data or Documentation by Providers or unrelated third parties. THE ENTIRE RISK ARISING OUT OF THE ACCESS, RECEPTION, DOWLOAD, SYNC, USE OR POSSESION OF THE SOFTWARE, DATA AND DOCUMENTATION REMAINS WITH LICENSEE. Without limiting the foregoing, it is further understood that BassForecast and its Providers are not responsible for Your use or misuse of the Software, Data and/or Documentation or the results from such use. BassForecast and its Providers make no express or implied warranties, guarantees or affirmations that weather information will occur or has occurred as the reports, forecasts, data, or information state, represent or depict and it shall have no responsibility or liability whatsoever to LICENSEE or any other person or entity, parties and non-parties alike, for any inconsistency, inaccuracy, or omission for weather or events predicted or depicted, reported, occurring or occurred. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSEE ACKNOWLEDGES THAT THE SOFTWARE, DATA AND/OR DOCUMENTATION MAY INCLUDE INACCURACIES AND LICENSEE WILL USE COMMON SENSE AND FOLLOW STANDARD SAFETY PRECAUTIONS IN CONNECTION WITH LICENSEE'S USE OF THE SOFTWARE, DATA OR DOCUMENTATION. LICENSEE IS ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. CUSTOMER SHOULD KEEP ADVISED OF SAME. LICENSEE AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.
8. LIMITATION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BASSFORECAST OR ITS AFFILIATES OR PROVIDERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, AND/OR LOSS OF PROFITS ARISING OUT OF, OR RELATED TO, IN ANY MANNER, THIS EULA OR ANY OTHER TERMS AND CONDITIONS, OR THE DELIVERY, PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS, OR USE OF THE SOFTWARE, DATA OR DOCUMENTATION REGARDLESS OF THE FORESEEABILITY THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OR EXCLUSION OF LIABLITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BASSFORECAST AND ITS AFFILIATES AND PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO THIS EULA OR ANY OTHER APPLICABLE TERMS AND CONDITIONS, OR THEIR IMPLEMENTATION, SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY LICENSEE TO BASSFORECAST UNDER THIS EULA AND ANY APPLICABLE TERMS AND CONDITIONS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. The limited warranty, exclusive remedies, and limited liability set forth in this EULA are fundamental elements of the basis of the EULA and the other Terms and Conditions which apply. Licensee agrees BassForecast would not be able to provide the Software, Data and/or Documentation to Licensee on an economic basis without such limitations.
10. Advertisements. The BassForecast website(s) and certain products and services made available by BassForecast may be supported by advertising revenue and may include advertisements for products and services offered by third parties. BassForecast makes no representations or warranties with respect to the quality, appropriateness, accuracy, truthfulness, reliability, business ethics, or other aspects of any such advertisements and/or the organizations placing the advertisements and shall have no responsibility or liability for any claims arising out of or related to any such advertisements, the contents thereof, the products or services promoted therein, or the fulfillment thereof. It is a users sole responsibility to satisfy himself or herself as to the desirability of dealing with any given advertiser and to understand the relationship is between the user and the advertiser and not with BassForecast.
11. High Risk Activities. The Software, Data and Documentation is not fault tolerant and is not designed, manufactured or intended for use or resale as control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software, Data or Documentation could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, BassForecast and its Providers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
12. Events Beyond BassForecast, LLC's Control. BassForecast shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of third party transmission intermediaries to perform, continue or renew their contractual arrangements with BassForecast, nor inability to perform occasioned by such or by labor strife, war, riot, terrorism, natural disasters, severe weather or other events beyond the control of BassForecast. The unavailability of Software, Data or Documentation from BassForecast's Providers shall not be considered a disruption of services and shall not affect the obligations of Licensee hereunder.
13. Governing Law & Jurisdiction. The parties agree to submit to the Texas Courts only, for any dispute arising out of this EULA or any other applicable Terms and Conditions or related thereto, and consent to the jurisdiction of said Courts and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Texas law and this paragraph shall supersede any conflicting choice of law rules. The parties expressly stipulate that the 1980 Convention on Contracts for the International Sale of Goods shall not apply, nor shall the Uniform Computer Information Transactions Act.
14. Severability. In the event any term of this EULA, or any term of any other applicable Terms and Conditions, is found by any Court to be void or otherwise unenforceable, the remainder of this EULA, or the remainder of such other Terms and Conditions, as the case may be, shall remain valid and enforceable as though such term were absent upon the date of its execution as long as a party's rights under this EULA or the applicable Terms and Conditions are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this EULA or other Terms and Conditions a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.
15. Indemnity. Licensee hereby indemnifies and agrees to hold BassForecast and its investors, subsidiaries, affiliates, and Providers (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) harmless from and against any and all claims, demands and actions, and any liabilities, damages or expense resulting therefrom including court costs and reasonable attorney's fees, arising out of or in connection with any breach of this EULA or any other applicable Terms and Conditions or any act or omission on the Licensee's part relating to the use or possession by Licensee of Software, Data or Documentation.
16. Export Restrictions and Legal Compliance. Licensee acknowledges that the Software, Data, Documentation and other underlying information or technology licensed hereunder is subject to the export control laws and regulations of the U.S.A., and any amendment thereof. Licensee acknowledges that no Software, Data, Documentation or other underlying information or technology licensed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation outside the United States) without first complying strictly and fully with all export controls and other applicable laws that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. Licensee acknowledges that some countries may have export controls, meteorological usage, import and export laws or other laws or regulations which prohibit or otherwise restrict the export to and/or use of the Software, Data, Documentation or other underlying information or technology. Use of any of the Software, Data, Documentation or other underlying information or technology licensed hereunder is strictly prohibited in the People’s Republic of China, South Korea and any other country which imposes prohibitions or restrictions against the use of such Software, Data, Documentation or other underlying information or technology. Determination of the applicable law and compliance therewith is Licensee’s sole obligation and responsibility. For any use contrary to the restrictions set forth herein or law, Licensee hereby agrees to indemnify and hold harmless Licensor from any responsibility or liability in connection therewith. If Licensee has any questions regarding its obligations under the United States of America Export regulations, Licensee should contact the Bureau of Industry and Security, United States Department of Commerce, Office of Exporter Services, Washington D.C., http://www.bis.doc.gov/about/programoffices.htm. As to other countries, the appropriate officials or agencies should be contacted. Licensee represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
17. US Government Restricted Rights. The Software, Data, and Documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in the Terms and Conditions, and as otherwise set forth in DFARS 227.7202-1(a) and 227.7202-3(a), DFARS 252.227-7013, FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, or subparagraphs (c)(1) and (2) of 48 CFR 52.227-19, or successor provisions, as applicable. Contractor/Manufacturer is BassForecast, LLC., 2309 Roosevelt Suite D, Arlington, TX 76016, or others, as indicated on this site. These restrictions change from time to time.
18. Notification of Copyright Infringement. BassForecast will, in appropriate circumstances, terminate the accounts of subscribers involved in disputes regarding intellectual property rights and remove or disable access to related content. If you believe that this site or any products or services of BassForecast contain infringing or disputed intellectual property, or that work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this site, on sites linked to from this site or in connection with other BassForecast products or services, please provide BassForecast's Copyright Agent a Notice of Infringing Material(s) ("Notice") containing the following elements:
- A physical or electronic signature of the owner (or an authorized agent) of the copyright material(s) alleged to have been infringed.
- A description of the copyrighted work or works that the copyright owner or agent claims have been infringed and a reasonable identification of the material(s) the copyright owner claims is infringing the copyrighted work(s) and is requesting to be removed or access be disabled.
- A description of where the alleged infringing material(s) is located on the BassForecast site (include a URL if possible).
- Sufficient contact information regarding the copyright owner or agent, such as physical address, email address, website, telephone number and fax number.
- A statement by the copyright owner or agent that he/she has a good faith belief that the use of the material(s) identified in the Notice is not authorized by the copyright owner, its agent or the law.
- A statement by the copyright owner or agent that the information in the Notice is accurate and, under penalty of perjury, that the complainant is the copyright owner or an authorized agent to act on behalf of the copyright owner.
BassForecast's Copyright Agent for Notices of Infringing Materials can be reached as follows:
2309 Roosevelt, Suite D
Arlington, TX 76016
By phone: 817 975 9186
By email: [email protected]
BassForecast’s Copyright Agent for Notices of Infringing Materials should not be contacted for issues of technical or operational support. Issues relating to technical or operational support should be directed to BassForecast’s customer service group at the email address specified in Section 26 below.
19. Waiver. Any waiver hereunder must be made in writing, and failure at any time to require the other party's performance of any obligation under this EULA or any other Terms and Conditions will not affect the right subsequently to require performance of the obligation.
20. Assignment. Neither this EULA nor any other applicable Terms and Conditions, nor any rights or obligations of Licensee hereunder or thereunder, may be assigned or delegated by Licensee to any other person or entity without the prior express written consent of BassForecast.
21. Term and Termination. This EULA is effective upon your acceptance of these terms and conditions, and shall continue until terminated. This EULA shall terminate automatically if Licensee fails to comply with this EULA and/or any other applicable Terms and Conditions, or if payment is delayed or denied processing due to insufficient funds to cover the subscription fees when due, if any. No notice shall be required from BassForecast to effectuate such termination. On termination, Licensee must promptly destroy any and all copies of the Software, Data and/or Documentation, and Licensee may terminate this EULA by destroying, removing or obliterating the Software, Data or Documentation and all copies thereof, and certifying as such to BassForecast. In the event of any termination by BassForecast pursuant to this EULA or any other applicable Terms and Conditions, Licensee shall not be entitled to any refund of pre-paid subscription fees.
22. Parental Control Protections. We have the legal obligation to advise you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at www.netparents.org.
23. Privacy. BassForecast is committed to safeguarding your privacy online and has established a Privacy Statement to explain to users how their information is collected and used. This Privacy Statement is located at the following web address: http://www.BassForecast.com/privacy Your use of BassForecast’s website or any of BassForecast’s products, services, data, materials or content signifies your acknowledgement of, and agreement to, our Privacy Statement. Note that as BassForecast expands its offerings, we may update our Privacy Statement from time to time by posting a new Privacy Statement in the English language on our website. Please check our website for updates to the Privacy Statement on a regular basis.
24. Crowdsourced Data. The BassForecast application You are using may allow You to post certain types of information through the application for other users to view and to view certain information posted by other users of the application (any such information posted by You or other users, “Crowdsourced Data”). For example, You may be permitted to post information about the fishing conditions (e.g., your opinion of the quality of day) or water conditions (e.g., temperature at depth, visability, etc.) present at Your location, and to view information of this type posted by other users, and such information would be considered Crowdsourced Data.
- In order to submit Crowdsourced Data, You will need to enable Location-Based Services for the BassForecast application on Your device. If You post Crowdsourced Data, You will be sharing precise location data (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (such as a cell ID), including the real-time geographic location of your computer or mobile device, with BassForecast. By posting any Crowdsourced Data, You are consenting to BassForecast’s collection, storage and use of such location data (in combination with other data such as Your Vendor ID) for any purpose, including by way of example but without limitation delivering the functionality of the BassForecast application to You and other users, making improvements to forecasts and other BassForecast products and services and using for other business purposes.
- If You post Crowdsourced Data, You grant BassForecast and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, transferrable and fully sub-licensable right to use, reproduce, host, cache, store, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display such Crowdsourced Data throughout the world in any media for any purpose. You acknowledge and agree that You will not be compensated in any way for any Crowdsourced Data You provide.
- You are responsible for ensuring that any Crowdsourced Data You submit is complete, current and accurate to the best of your knowledge and You shall not provide any Crowdsourced Data that is intentionally misleading or that violates BassForecast’s Acceptable Use Policy set forth in Section 25 below. You also affirm that You have the right to submit any Crowdsourced Data that You post. You agree to defend, indemnify and hold BassForecast and its affiliates harmless from and against all claims, demands, actions, and any liabilities, damages or expenses resulting therefrom, arising out of or relating to any Crowdsourced Data that You submit.
- BassForecast does not guarantee that any Crowdsourced Data will be accurate, reliable or complete, and BassForecast does not make any representations or warranties of any kind regarding Crowdsourced Data. You acknowledge that BassForecast has no obligation to pre-screen or validate Crowdsourced Data contributed by users. You agree that BassForecast takes no responsibility and assumes no liability for any Crowdsourced Data and that all use of Crowdsourced Data is at Your own risk.
- BassForecast shall have the right, but not the obligation, to monitor Crowdsourced Data. BassForecast reserves the right to reject, remove or disable at any time any Crowdsourced Data You submit, at BassForecast’s sole discretion, for any reason.
25. Acceptable Use Policy. You agree not to use any BassForecast website, product or service to:
(a) upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or without another's permission, hateful, or racially, ethnically or otherwise objectionable to any person for any reason, natural or corporate;
(b) harm minors in any way; impersonate any person or entity, including, but not limited to, an BassForecast official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) upload, post or otherwise transmit any falsified, composite, or otherwise non-authentic depictions of events, locations, landmarks, entities or persons (spoofs);
(d) upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
(f) upload, post or otherwise transmit any content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing" or any other form of solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with BassForecast; (h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt BassForecast or servers or networks connected to BassForecast, or disobey any requirements, procedures, policies or regulations of networks connected to BassForecast;
(j) stalk or otherwise harass another user, or collect or store Personally Identifiable Information about other users;
(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(l) use your access or BassForecast-hosted site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the BassForecast Site, without express written permission from BassForecast;
(m) engage in commercial activities without enrolling in BassForecast-approved programs, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors, conducting raffles or contests that require any type of entry fee, displaying a sponsorship banner of any kind, displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their websites, or providing access to other persons through the use of your User Name and Password; or
(n) tamper in any way with any BassForecast website, product or service or the functionality thereof, such as placing on the website, product or service material which contains any viruses, time bombs, trojan horses, worms, Easter eggs, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information, or utilize bots, agents, auction crawlers or other computer-based crawling programs.
BASSFORECAST EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS UPLOADED OR PLACED ON ANY BASSFORECAST WEBSITE, PRODUCT OR SERVICE BY USERS
26. Apple Terms of Service. Licensee acknowledges and agrees to the following terms and conditions which BassForecast is required to pass on to its customers by Apple: (a) this EULA is concluded between Licensee and BassForecast only, and not with Apple, and BassForecast, not Apple, is solely responsible for the Software furnished hereunder and the content thereof; (b) the license granted to Licensee for the Software is a non-transferable license to use the Software solely on any Apple iPhone, Apple iPod touch or Mac device (or any other Apple-branded product that runs the Apple iPhone or Mac operating system software) that Licensee owns or controls and such license is subject to the Usage Rules set forth in the Apple storefront Terms of Service; (c) Apple shall have no obligation whatsoever to furnish any maintenance or support services with respect to the Software. To the extent any such services are provided for herein or required by law, they shall be the sole responsibility of BassForecast; (d) BassForecast (and Providers other than Apple, if any) will be solely responsible for any product warranties, whether express or implied by law, to the extent not otherwise disclaimed herein. Notwithstanding the above, in the event of any failure of the Software to conform to any applicable warranty, Licensee may notify Apple, and Apple will refund the purchase price, if any, for the Software to Licensee. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the responsibility of BassForecast (and Providers other than Apple, if any); (e) BassForecast, not Apple, is responsible for addressing any claims relating to the Software or Licensee’s possession and/or use of such Software, including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Software or Licensee’s possession and use of such Software in accordance with the terms of this EULA infringes a third party’s intellectual property rights, BassForecast, not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (f) Apple and Apple’s subsidiaries are third party beneficiaries of this EULA and upon Licensee’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against Licensee as a third party beneficiary thereof. In any circumstances where Apple has rights to enforce, the terms set forth in the Apple App Store Terms of Service shall take precedence over any conflicting terms in this EULA.
27. Translation. Certain content published on the site or made available through BassForecast’s applications or other products and services may be translated into a language other than English for your convenience. Reasonable efforts have been made to provide an accurate translation, however, no translation system is perfect. The official text is the English version on the site. Any discrepancies or differences created in the translation are not binding and have no legal effect. If any questions arise related to the accuracy of the information contained in any translated text, please refer to the English version on the BassForecast website which is the official version. Translation of any of the Terms and Conditions that govern your use of the site into a language other than English, if required, shall be your responsibility. To the extent any such Terms and Conditions are translated into a language other than English and there is a conflict of terms between English and the other language, the English version shall control.
28. Entire Agreement. This EULA and any other Terms and Conditions which may apply represent the entire agreement of the parties hereto related to the subject matter hereof and any prior agreements, promises, negotiations, or representations, whether oral or written, not expressly set forth in this EULA or other applicable Terms and Conditions are of no force and effect. BassForecast may modify this EULA or any other Terms and Conditions that may apply at any time by posting a new EULA, or a new version of the applicable Terms and Conditions, as the case may be, in the English language on its website, with or without notice to You. It is your responsibility to check the BassForecast website frequently for updates to this EULA, BassForecast’s Privacy Statement, and any applicable Terms and Conditions, Subscription Terms, Provider Terms or other policies or terms and conditions that may apply. Questions, complaints or claims regarding these terms or any Products or services furnished hereunder may be submitted in writing to BassForecast, Inc., 2309 Roosevelt Suite D, Arlington, TX 76016, via email to [email protected]