Checkout

Terms and conditions of Use

These Terms and Conditions constitute a binding legal agreement between you as user (“you”) and BASSING BOB, LLC (“Bassing Bob,” “we” or “us”), a Missouri limited liability company that owns and operates the website bassingbob.com together with affiliated websites, services and applications.

YOU MUST NOT ACCESS OR USE THIS WEBSITE OR SERVICES IF YOU DO NOT ACCEPT AND AGREE TO THESE Terms and Conditions.

Bassing Bob is the exclusive owner and operator of bassingbob.com website and subscription-based services (collectively, the “Services”). We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services. We may alter, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database or content. We may also impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability.

You agree to review these Terms and Conditions periodically to be aware of any such revisions.

ELIGIBILITY

You must be eighteen (18) years of age or older to use the Services. By visiting Bassing Bob.com or accepting these Terms and Conditions, you represent and warrant to Bassing Bob that you are eighteen (18) years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms and Conditions. You also represent and warrant to Bassing Bob that you will use the Services in a manner consistent with any and all applicable laws and regulations.

USER AGREEMENT

These Terms and Conditions constitutes your agreement with Bassing Bob with respect to your use of the Services. You must agree to abide by all of these Terms and Conditions in order to become or remain a user of our Services. You are granted a nonexclusive, limited, non-sublicensable license to access and use the Services, subject to these Terms and Conditions. We may revoke this license at any time.

You understand and agree that all information, including, but not limited to, text, graphics, pictures, video, links, addresses, data, functionality, health information, personal data and information, and other materials that you or a third party allow, submit, post, obtain, email or transmit (or the like) to our Services (collectively, “subscriber content”) is your responsibility and not our responsibility. We do not control Subscriber Content nor do we have any obligation to review, refuse, or remove any other content available via our Services; however, we reserve the right to remove any content, including Subscriber Content, available via our Services at any time. Circumstances under which we may remove Subscriber Content include, but are not limited to, violation of the terms of these Terms and Conditions, abuse of or on our Services, notification of possible infringement of another’s rights, privacy concerns, compliance with laws and in the assistance of law enforcement. Additionally, we do not guarantee the accuracy, integrity or the usefulness of Subscriber Content.

All other content that is not Subscriber Content that is contained on Bassing Bob’s Services (“Our Content”) is owned, controlled or licensed by or to Bassing Bob, except for the content of other subscribers of our Services, and is protected by trade dress, copyright, patent and trademark laws, and other intellectual property and unfair competition laws. Except as expressly provided in these Terms and Conditions, none of Our Content may be copied, encoded, posted, publicly displayed, reproduced, republished, uploaded, translated, transmitted or distributed in any way to any other computer, server, website or other medium, electronic or otherwise, for publication or distribution or for any commercial enterprise, without our express prior written consent. Likewise, you may not copy, encode, post, publicly display, reproduce, republish, upload, translate, transmit or distribute in any way to any other computer, server, website or other medium, electronic or otherwise, for publication or distribution or for any commercial enterprise, another Bassing Bob.com user’s content without that other user’s express consent or authorization.

You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or any of Our Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any other content on our website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to Bassing Bob’s website or servers, or to any of the services offered on or through the Services, by hacking or any other illegitimate means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Bassing Bob’s Services or any transaction being conducted on the Services, or with any other person’s use of the Services. You may not use the Services or any other content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bassing Bob or users of our Services.

By using Bassing Bob’s website and services you acknowledge that:

a.   We cannot ensure the security or privacy of information you provide through the Internet, and you release us from any and all liability in connection with the use of such information by other parties; and

b.   We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should be cautious in selecting the personal information you provide to others through Bassing Bob’s Services.

PRIVACY OF INFORMATION

“Personal Information” means all information about an identifiable individual.

We may collect personal information from you in order to create your online profile. Bassing Bob will not use or disclose your personal information for purposes other than those described in this these Terms and Conditions and our Privacy Policy.

Bassing Bob’s Privacy Policy applies to use of this website, and the terms of the Privacy Policy are made a part of these Terms and Conditions by this reference. To view our Privacy Policy, go to https://bassingbob.com/legal/privacy/. Additionally, by using the website, you acknowledge and agree that Internet transmissions are never completely private or secure.

SUBSCRIPTION

Bassing Bob’s Services are available to you under a subscription program at the rates published on our join page at https://bassingbob.com/join/. Once approved, your subscription will authorize you and your Authorized Users (defined below) to log on to our Services to access our services. Your subscription to Bassing Bob’s Services cannot be cancelled by you during the applicable Subscription Term and shall be subject to these Terms and Conditions.

SUBSCRIPTION TERM

The Subscription Term for your subscription to our Services shall commence on the day that your application is approved by Bassing Bob (the “Effective Date”), shall be for a period of one (1) year, and will be automatically renewed for successive Renewal Terms of one (1) year each unless you provide a written notice of non-renewal to us at least thirty (30) days before such expiration of the applicable Subscription Term.

LIMITED SOFTWARE LICENSE

Subject to and conditioned on your payment of the subscription fees and compliance and performance in accordance with these Terms and Conditions, Bassing Bob grants you and users that you sign up to use your account on our Services (“Authorized Users”) a revocable, non-exclusive, non-transferable, limited license to access and use the Services under your account by on any computers, phones, tablets, or the like in its possession, strictly in accordance with the terms of this Agreement. You are solely responsible for your Authorized Users’ compliance with the terms of this Agreement.

You are not permitted to allow your users clients to access any of our Services content without our written consent. You are responsible for your clients’ compliance with these Terms and Conditions. The Services may not be re-sold, sub-licensed, rented, leased or transferred unless expressly authorized by Bassing Bob in writing. We reserve the right to terminate your use of the Services for any reason. If the Services are distributed to you with separate governing terms, your use of the Services shall be governed under those separate terms. Notwithstanding anything to the contrary in these Terms and Conditions, you may not reverse engineer, decompile, or disassemble the software, except and only to the extent such activity is expressly permitted by Bassing Bob. We reserve the right to charge you a software license fee for the license of the Services.

These Terms and Conditions shall also apply to updates, and upgrades of the Services. Bassing Bob shall host the Services and may update the functionality, user interface, usability and other user documentation, training and educational information of, and relating to the Services from time to time in its sole discretion and in accordance with these Terms and Conditions as part of its ongoing mission to improve the Services and you and your Authorized Users’ use of the Services.

SERVICES

Subject to and conditioned on you and your Authorized Users’ compliance with these Terms and Conditions, during the Term, Bassing Bob shall use commercially reasonable efforts to provide you and your Authorized Users access to the Services in accordance with these Terms and Conditions hereof, including to host, manage, operate and maintain the Services for remote electronic access and use by you and your Authorized Users (“hosted Services“) twenty-four (24) hours per day, seven (7) days per week every day of the year, except for:

1. scheduled downtime;
2. Services downtime or degradation due to a force majeure event;
3. any other circumstances beyond Licensor’s reasonable control, including Licensee’s or any Authorized User’s use of Third-Party Materials, misuse of the hosted Services, or use of the Services other than in compliance with the express terms of this Agreement and the specifications; and
4. any suspension or termination of Licensee’s or any Authorized User’s access to or use of the hosted Services as permitted by this Agreement.

Scheduled Downtime

We will use commercially reasonable efforts to schedule downtime for routine maintenance of the Services and will make reasonable efforts to give you at least twenty-four (24) hours prior notice of all scheduled outages of the Services.

CONDUCT; RESTRICTIONS AND PROHIBITIONS

You are responsible for all activities conducted under your account and for their compliance with these Terms and Conditions. You agree to use Bassing Bob’s Services in accordance with the following:

5. Your use of the Services shall not include outsourcing, renting, reselling, sublicensing, concurrent use of a single-user login, or time-sharing of the Services.
6. You shall not and shall not permit any third party to copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof or otherwise attempt to discover any source code or modify the Services in any manner or form unless expressly permitted in writing by Bassing Bob.
7. You shall not and shall not permit any third party to use unauthorized modified versions of the Services, including (without limitation) for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services.
8. You shall not and shall not permit any third party to use the Services in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights.
9. You shall not and shall not permit any third party to publish, post, upload or otherwise transmit any data that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another.
10. You shall not and shall not permit any third party to use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Services.
11. You will not use our Services to infringe the privacy rights, property rights, or any other rights of any person.
12. You will not use our Services to distribute, promote or otherwise publish any kind of malicious code or do anything else that might cause harm to the Services or to other members’ systems in any way.
13. You shall not have an account or use the Services if you have been previously removed or de-authorized by Bassing Bob.
14. You shall not use your account to engage in any illegal conduct.
15. You shall accept full responsibility for any unauthorized use of our Services by third parties in connection with your Account.
16. You are responsible for: (a) the security of the services that we provide to you, including, but not limited to your access and you are responsible for all activities that occur using the Services, (b) any act or omission by you relating to access to and use of the Services; and (c) implementing security and other policies and procedures necessary to limit access to the Services, including, but not limited to, the maintenance of the confidentiality of all usernames and passwords provided by us or created as part of our services.
17. You agree to immediately notify us of any attempted or actual unauthorized access or use of the Services and any breaches of security.
18. You acknowledge and agree that we will not be liable, directly or indirectly, for any acts or omissions by you, including any damages of any kind incurred, including any incidental or consequential damages, as a result of such acts or omissions.
19. You understand that the technical processing and transmission of your electronic communications is fundamentally necessary to your use of the Services. You therefore expressly consent to our interception and storage of electronic communications, your data, and your Subscriber Content, and you understand that your electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by us.
20. You understand that changes to your electronic communications may occur in order to conform and adapt such data to the technical requirements of connecting networks and devices. You understand that electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. You agree that we are not responsible for any electronic communication, your data or your Subscriber Content which are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by us.
21. You own or otherwise have the right to use, post, and disclose your Subscriber Content on our services and that the use of such content does not and will not infringe or violate any of the rights of any third party pursuant to applicable laws.
22. You will not disrupt the normal flow of any access to, or use of, the Services.
23. You will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

REMEDIES; Injunctive Relief

If we do not insist upon strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

You acknowledge and agree that your breach or threatened breach of these Terms and Conditions shall cause Bassing Bob irreparable damage for which recovery of money damages would be inadequate and that Bassing Bob may seek injunctive relief to protect its rights under these Terms and Conditions in addition to any and all other remedies available at law or in equity.

OWNERSHIP AND CONTROL OF OUR CONTENT

Bassing Bob owns, has licensed, or otherwise has rights to use all of Our Content that appears in Bassing Bob’s Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any of Our Content that appears on Bassing Bob’s Services.

INFORMATION MONITORING

We reserve the right to monitor anything and everything submitted by you to Bassing Bob’s Services to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.

INFORMATION REMOVAL

While we do not and cannot review every message or other material uploaded, posted or sent by users of Bassing Bob’s Services, and are not responsible for any content of these messages or materials. We reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and content, that we, in our sole discretion, deem to violate the CONDUCT; RESTRICTIONS AND PROHIBITIONS provisions set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to Bassing Bob’s Services.

Please also see our Privacy Policy at https://bassingbob.com/legal/privacy/ for more information concerning the removal of information from our Services.

TERMINATION OF SERVICES

We may, in our sole discretion, terminate or suspend your access to all or part of Bassing Bob’s Services at any time, with or without notice, for any reason, including, without limitation, breach of these Terms and Conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of Bassing Bob’s Services by others may be grounds for termination of your access to all or part of Bassing Bob’s Services at our sole discretion, and you may be referred to appropriate law enforcement agencies.

You understand and agree that we may immediately terminate your right to use Bassing Bob’s Services without notice to you under certain circumstances, including, but not limited to:

1. breaches of these Terms and Conditions or our other policies;
2. requests by law enforcement, government agencies or court order;
3. security and technical issues or problems;
4. non-payment of any fees owed by you; or
5. extended periods of inactivity.

If we terminate your right to use Bassing Bob’s Services, you understand and agree that we may delete all of your Subscriber Content (and any content associated with you) and that we will not be liable to you or any third party, for any termination of your right to use our Services or for the deletion of your Subscriber Content. Upon termination, we will have no further obligation to grant you any access to or use of our Services.

LINKS AND DEALINGS WITH THIRD PARTIES

Your interaction with and third parties via Bassing Bob’s Services are solely between you and such parties. We have no control over any such links or other resources. We are not responsible for the availability of such external sites or resources, and do not endorse any content, advertising, products, or other materials on or available from such sites or resources. You agree that we will not be liable, directly or indirectly for any loss or damage of any kind or nature, including any incidental or consequential damages, arising out of or related to, or incurred in reliance upon, any such interactions, links, resources or content.

PAYMENTS, RENEWALS AND TAXES

All payments due are in US dollars unless otherwise indicated. We accept credit cards as payment sources through a third party payment processor. All payments are final and non-refundable, except in our sole discretion. If your use of our Services is terminated for any reason, whether by you or by us, you will lose and forfeit any time remaining on your account with us.

Your subscription to our Services is on an annual basis, billed on the first day of the applicable Subscription Term. The services we provide are defaulted to renew automatically on the anniversary of the Effective Date of your subscription.

You authorize us to bill the payment source you provide to us for all applicable fees. If your payment source is declined at any time (including, but not limited to situations where we seek authorizations or charge attempts), we may make up to two attempts to reprocess your payment source. We reserve the right to disable or cancel your use of our Services immediately. We reserve the right to charge interest on all of your past due accounts. Interest shall accrue at the rate of one and one-half percent (1 ½%) per month or the highest maximum rate permitted by law, whichever is less, from the date such payment was due until fully satisfied. You are responsible for all of our reasonable expenses (including attorneys’ fees) incurred by us relating to collection activities associated with your past due accounts.

You are responsible for all taxes associated with your use of Bassing Bob’s Services. If we are required to collect or pay any taxes relating to your use of our Services, you will be charged for all such taxes. If you are tax exempt, you must provide us with a valid tax exempt certificate authorized from the appropriate taxing authority.

REFUNDS

If you are entitled to a refund of service fees from us, we will refund such service fees to you within Thirty (30) days.

VIRUSES, HACKING AND OTHER OFFENSES

Bassing Bob makes efforts to ensure that this website is free from viruses and defects. However, it is your responsibility to ensure that the right equipment is available to you in order to use the website and screen out anything that may damage it. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Bassing Bob’s website or downloading of any content posted on it, or on any website linked to it.

You will not misuse Bassing Bob’s Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which may be malicious or harmful. You agree not to attempt to gain unauthorized access to Bassing Bob’s Services, the server on which Bassing Bob’s website is stored or any server, computer or database connected to Bassing Bob’s Services. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Bassing Bob’s Services will cease immediately.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

BASSING BOB DOES NOT REPRESENT THAT YOUR USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT YOU USE BASSING BOB’S SERVICES AT YOUR OWN RISK. BASSING BOB’S SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.

YOU ACKNOWLEDGE THAT USE OF BASSING BOB’s SERVICES IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH BASSING BOB’s SERVICES, OUR PARTNERS OR ANY USER OF BASSING BOB’s SERVICES OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF BASSING BOB’s SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN these Terms and Conditions, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF these Terms and Conditions AND ANY SUBSEQUENT MODIFICATIONS.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BASSING BOB, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, successors, assigns AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY BASSING BOB AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE BASSING BOB’s SERVICES OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER BASSING BOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You are responsible for making all the necessary arrangements to ensure you can access Bassing Bob’s Services (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). Bassing Bob shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Bassing Bob’s Services through mobile services or any similar service currently known or developed in the future.

By accessing Bassing Bob’s Services or agreeing to receive messages or notifications from Bassing Bob through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. Bassing Bob shall not under any circumstances be liable for such charges.

COPYRIGHT DISPUTE POLICY

We operate in accordance with the US Copyright Law and require you to comply as well. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides owners of copyrighted material who suspect that their rights under U.S. Copyright Law have been violated with certain remedies. One such remedy is contacting the Internet service provider’s designated agent to report suspected infringements that appear on website and Internet pages hosted by that Internet service provider.

If we receive a notification of suspected copyright infringement, and assuming the notification satisfies the requirements of the DCMA Takedown Notice discussed below, we may remove or prohibit access to such materials. However, you may submit to us a counter-notice if you believe such notice of suspected copyright infringement was falsely or mistakenly filed.

DMCA Takedown Notice

If you believe your copyrights have been infringed because of material appearing on our website and services, you must file your claim of infringement with our designated DMCA agent via mail at the address below.

By Mail:

BASSING BOB, LLC
7777 Bonhomme Avenue, Suite 2001
St. Louis, Missouri 63105
United States

Alternatively, you may email us with your complaint of claimed infringement at: support@bassingbob.com.

Before you send a DMCA Takedown Notice, you should establish that:

1. You own the copyright or are entitled to assert an infringement of a copyright under a valid and existing license; and
2. The alleged infringement does not fall into an accepted safe harbor exception such as fair use or covered under the laws governing free speech.

In order for us to evaluate your claim of copyright infringement, your DMCA Takedown Notice must:

1.  Be in writing;

2.  Be signed;

3.  Identify the original copyrighted work that you claim is being infringed;

4.  Identify the material that is infringing the copyrighted work and include information reasonably sufficient to enable us to locate the material on our Services;

5.  Include your contact information such as, and including, your full name, your telephone number, your email address and/or your mailing address in order that our designated agent can reach you if necessary;

6.  Include a statement that your compliant of copyright infringement is “made in good faith” and under the belief that use of the material is not authorized by the copyright owner, an agent of the owner, or by operation of law;

7.  Include a statement that the information you have provided in your complaint is “truthful and accurate; and

8.  Include a statement that you are “authorized, under penalty of perjury” to act as the owner, or on behalf of the owner, of an exclusive copyright that is being infringed.

17 United States Code 512(c)(3). Please consult the DMCA for additional details on the information necessary for valid notification. Misrepresentations and false accusations of copyright infringement may subject you to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys’ fees.

Counter-notification response to Claims of Copyright Infringement

You may file a counter-notification with our designated DMCA agent. All such responses must be submitted to the address listed above in this section and must contain the following:

1.   A physical or electronic signature of the subscriber.

2.   Identification or a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, including the URL of the page that had the content removed.

3.   A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4.   The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

17 United States Code 512(g)(3). Please consult the DMCA for additional details on the information necessary for valid counter-notification. Misrepresentations and false responses to claims of copyright infringement may subject you to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys’ fees.

As provided by the DMCA, after receipt of a valid counter-notification, we may restore or re-enable access to removed material.

We will not be involved as a party to disputes over alleged copyright infringement and you agree to indemnify, defend and hold us harmless from and against any costs, damages or expenses (including reasonable attorney fees) we incur arising out of or related to any alleged or actual infringement involving you.

Repeated Infringement

We reserve the right to terminate any account or remove any content if we, in our sole discretion, believe that the account owner has repeatedly violated the DMCA. Additionally, you should seek your own legal counsel if: (i) you believe your copyrights have been infringed, or (ii) if a notice of copyright infringement has been filed against you.

TRADEMARK DISPUTE POLICY

If you believe that we or another user of our website and services is using a registered trademark in a way that constitutes trademark infringement, then you may send a notice of trademark infringement to our Designated Agent at:

Bassing Bob, LLC
7777 Bonhomme Avenue, Suite 2001
St. Louis, Missouri 63105
United States

Alternatively, you may email us with your complaint to  support@bassingbob.com.

To be considered, the notice of trademark infringement must include all of the following:

1. The registration number(s) of the trademark that is allegedly being infringed;
2. The countries or territory in which the infringed trademark is registered;
3. A sufficient description of the infringed trademark;
4. A list of the goods and/or services for which the infringed trademark is registered;
5. A statement that your compliant of infringement is “made in good faith” and under the belief that use of the infringed trademark is not authorized by the owner of the trademark, an agent of the trademark owner, or by operation of law;
6. A statement of facts supporting your assertion that trademark rights are being infringed;
7. The URL of the webpage for each of the allegedly infringing trademarks is located;
8. Your contact information, including address, telephone number and email address;
9. A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the trademark owner or is authorized to act on behalf of the trademark owner; and
10. Either an electronic or physical form of your signature.

You should seek your own legal counsel if: (i) you believe your trademarks have been infringed, or (ii) if a notice of trademark infringement has been filed against you. We will not be involved as a party to disputes over alleged trademark infringement and you agree to indemnify, defend and hold us harmless from and against any costs, damages or expenses (including reasonable attorney fees) we incur arising out of or related to any alleged or actual infringement involving you.

Common-law Trademarks

Bassing Bob is generally unable to evaluate the validity or assertion of an infringement of a common-law trademark. If you believe that a common-law trademark you own, or are entitled to use, is being infringed, you must contact the user that you believe is infringing the trademark to resolve any claims. Additionally, you should seek your own legal counsel if: (i) you believe your common-law trademarks have been infringed, or (ii) if a notice of infringement of a common-law trademark has been delivered to you. We will not be involved as a party to disputes over alleged common-law trademark infringement and you agree to indemnify, defend and hold us harmless from and against any costs, damages or expenses (including reasonable attorney fees) we incur arising out of or related to any alleged or actual infringement involving you.

Repeated Infringement

We reserve the right to terminate any account or remove any content if we, in our sole discretion, believe that the account owner has repeatedly violated any applicable trademark law or regulation. Additionally, you should seek your own legal counsel if: (i) you believe your trademarks have been infringed, or (ii) if a notice of trademark infringement has been filed against you.

REPORTING OTHER USERS’ VIOLATIONS OF THESE TERMS AND CONDITIONS

To report any other actual or potential violation of these Terms and Conditions, please contact us at:

BASSING BOB, LLC
7777 Bonhomme Avenue, Suite 2001
St. Louis, Missouri 63105
United States

Alternatively, you may email us with your complaint to  support@bassingbob.com.

INDEMNITY

You hereby agree to indemnify, defend and hold harmless Bassing Bob and all officers, directors, owners, agents, information providers, affiliates, licensors, licensees, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants. You also agree to indemnify and hold the Indemnified Parties harmless from any loss, damage, liability or expense you incur or sustain arising out of your use of Bassing Bob’s Services except for liability for any acts or omissions of Bassing Bob which involve willful or intentional misconduct, fraud or knowing violation of law. You shall cooperate as fully as reasonably required in the defense of any such claim. Bassing Bob reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Void Where Prohibited

Bassing Bob administers and operates the bassingbob.com Services from various locations inside and outside the United States. Although the website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on Bassing Bob’s website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Bassing Bob reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the website is void where prohibited. If you choose to access the website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Abuse Complaints

If you wish to report any violation of these Terms and Conditions by others, you may do so by contacting us at support@bassingbob.com, outlining the abuse and or complaint.

DISCLOSURE AND OTHER COMMUNICATION

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to Bassing Bob’s Services, or of any Bassing Bob related products and services. We reserve the right to disclose information about your usage of Bassing Bob’s Services and demographics in forms that do not reveal your personal identity.

NOTICES, GENERALLY

All notices and other communications given in connection with these Terms and Conditions shall be in writing and shall be deemed given as follows:

11. when sent via email to the last known email address of the party to whom the notice must be delivered, provided that receipt of the notice is acknowledged via a reply email or separate email acknowledging receipt of the notice; or
12. when delivered personally to the recipient’s last-known address; or
13. three days after being deposited in the United States mail, postage prepaid to the recipient’s last-known address.
14. Either party may change such information from time to time by providing written notice to the other in the manner set forth above.

ADDITIONAL PROVISIONS AND TERMS

These Terms and Conditions represent the entire agreement between you and Bassing Bob regarding the use of our Services and supersedes any other agreement or understanding on the subject matter. These Terms and Conditions, your rights and obligations, and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of Missouri, United States of America. As a condition of using Bassing Bob’s website and services, each user agrees that any and all disputes and causes of action arising out of or connected with Bassing Bob’s Services shall be resolved through arbitration, with such arbitration to be held in Lake of the Ozarks, Missouri, United States of America.

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and be enforceable. these Terms and Conditions are not assignable, transferable or sublicensable without our prior written consent. Bassing Bob may assign these Terms and Conditions in whole or in part. 

Nothing contained herein will be construed to constitute any party as a partner, employee or agent of the other party, nor will any party hold itself out as such. No party has any right or authority to incur any warranty, liability or obligation of any kind (express or implied) on behalf of the other party. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions.

These Terms and Conditions and other policies instituted by Bassing Bob will be governed by and construed in accordance with the laws of Missouri, without effect to conflict of laws provisions. Any claims or legal proceeding arising out of or related to our website and services will be brought solely in the state courts located in Camden County, Missouri, and you hereby consent to the jurisdiction of such courts. Additionally, except where prohibited by law, as a condition of using Bassing Bob’s Services, you agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of Bassing Bob.com must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Our failure to exercise or enforce any right or provision of these Terms and Conditions or other policies shall not constitute a waiver of the right or provision. Performance by any party of any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party. If any party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfill its obligations hereunder within a reasonable time after the force majeure event ceases to exist.

If any provision of these Terms and Conditions or other policies is found by a court of competent jurisdiction to be invalid, then you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms and Conditions and other policies remain in full force and effect.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Entire Agreement

This Agreement constitutes the sole and entire Agreement between the parties. This Agreement supersedes all prior understandings, agreements, representations, and documentation relating to the subject matter of this Agreement.

Headings

The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

Waiver

Bassing Bob’s failure to exercise or enforce any right or provision in these Terms and Conditions shall not constitute a waiver. Performance by any party of any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party. If any party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfill its obligations hereunder within a reasonable time after the force majeure event ceases to exist.

TOURNAMENT PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK:

By completing this official entry form, paying the tournament deposit or entry fee, and/or signing this contract, the contestant(s) hereby enter the tournament(s). In addition, I acknowledge that I have read, understand, and accept all the rules related to the tournament(s) and waive and release BassingBob.com, LLC., all other contestants, sponsors and their agents, all tournament officials, all weigh-in stations (including their property, staff, owners, and employees, from any and all claims of personal injuries, accidents, or death that may occur either on or off the water, as well as, any damaged, lost, or stolen property incurred in connection with a BassingBob.com event, or any tournament hosted or ran by BassingBob.com, LLC. I understand that boat and liability insurance are my responsibility. By including my email address on the above form I am agreeing to opt in to receiving information from BassingBob.com, LLC. I hereby grant permission to BassingBob.com, LLC., sponsors and their agents; and all tournament officials the right to publicize, video tape, photograph and /or broadcast my name, character, likeness or voice and the fact that I was a participant and/or winner, and all other matters incidental thereto. I agree that I am not entitled to receive any royalties or other compensation in connection with such use.

By contestant(s) signature on entry form and /or participation in these tournaments, the contestant(s) agree to any quality assurance tests at any time, if required by the Tournament Director. Quality assurance test may include all or part of the following: CVSA, Polygraph test, Urinalysis, or Blood test. Refusal of an angler to submit to a test or failure of a test will result in loss of winnings, immediate disqualification, plus subsequent disqualification from future tournaments.

If I place for any prize I understand that I am responsible for paying all local, state and federal taxes, title, license and registration as a result of my participation in any event listed above. I agree that any contestant entered on this form, if absent from signing this Release, understands all statements, rules and regulations stated above and has given me express permission to sign on his behalf. Contestant ratifies and approves entry in the above event(s) made on his/her behalf by another and agrees thereby to be bound by all the rules of the tournament(s) by signature and/or participation in the tournament(s). My signature/name below reflects that I have read this entire document, understand it completely, understand it affects my legal rights, and agree to be bound by its terms.

SAFETY and SPORTSMANSHIP: Safe boating must be observed at all times. Life jackets and kill switches must be used any time the combustion motor is running. All contestants are required to follow the highest degree of sportsmanship, courtesy, and conservation. At the discretion of the Tournament Director, tournament days may be shortened or cancelled due to unsafe weather or water conditions. No alcohol or controlled substance can be used or allowed in the boat during tournament hours.

References to I, my, myself, and other first person references shall include any child or ward to whom I sign for. PARENT/GUARDIAN OF PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT TIME OF REGISTRATION): This is to certify, that I, as parent/guardian with legal responsibility for this participant, do consent and agree to indemnify and hold harmless the releasees from any and all liabilities incident to my minor child’s involvement or participation in the tournament(s) I’ve entered above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.

Updated by Bassing Bob, LLC on February 1, 2020