Terms of Use

Terms of Use

1. Your Acceptance of Terms

These Terms of Use constitute an Agreement between you and BASEPIN, Inc. (“Basepin”). By using this website, or any of the associated sites, hardware, software, or services provided by Basepin (the “Service”), you agree to these Terms of Use (the “Terms”) in full. You also agree to provide true, accurate, current and complete information as may be requested by Basepin.

Please backup your data, material and content (if any) separately. Changes may occur to the Service, and as such, data, material and/or content you provide to this Service could be lost.

2. Access and Current Age Restriction (18 Years or Older)

Your access to Basepin must be approved by your “administrator.” Your passcode and/or password to use Basepin is provided by your administrator. The administrator is the organization, company or person that has contracted directly with Basepin to use this service to support its project(s).

Basepin does not currently offer this Service to anyone under the age of 18, and if you are under the age of 18, you are hereby expressly notified that you are not permitted to use this Service. Basepin is not responsible for monitoring or seeking verification of user qualification or age. However, if Basepin discovers that users are accessing this Service in violation of these terms, Basepin may immediately take action to terminate the access of such users.

3. User Conduct

You promise NOT to use this Service for any of the following purposes or activities:

  1. conducting or supporting illegal activity of any type whatsoever;
  2. transmitting or storing worms or viruses or any code of a destructive nature;
  3. threatening, harassing, abusing, impersonating, injuring or intimidating others;
  4. interfering with others’ use of this Service, unless such interference is for the purpose of complying with another section of these Terms;
  5. delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements;
  6. uploading or sharing any content or data that is not approved by your administrator;
  7. decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in this Service;
  8. disguising the origin of any content transmitted through this Service or manipulating your presence on the Service; and/or
  9. causing the launch of any automated system(s) that access this Service in a manner that sends more request messages to servers of the Service in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

4. Service Provided at Direction of Administrator

Basepin’s provision of the Service is subject to the review of your administrator. Basepin stores and uses data, material and/or content (“material and data”) provided by you.

5. Basepin ID and Password Policy

In order to utilize this Service, you must have an online ID and password. Basepin may, at its sole discretion, and without prior notice to you, change your password or user ID and provide notice to you, or your adminstrator, of the same, and/or require that you change your ID and password. You understand and agree that you are solely responsible for safeguarding all access rights that you have for any material and data under your ID and password. Therefore, you must guard and diligently protect these.

6. Non-transferability of Basepin ID

Any password for any ID you establish, or right given to you to access particular material and data through this Service, is not transferable or assignable.

7. Content-General

You are responsible for your conduct and activities arising during use of this Service and for any data, content or material you provide to or through this Service. You agree that Basepin is not responsible for nor liable for, any mistakes, inaccuracies, lack of usefulness, defamation, omissions, falsehood, obscenity, pornography, profanity or otherwise offensive material in any of the data, material or content provided to the Service by users. You also understand that Basepin does not, and has no obligation to, pre-screen nor pre-approve data, content or material, but that Basepin shall nonetheless have the right (but not the obligation) in its sole discretion, to refuse, delete or move any data, content or material that is available via the Service, for any reason, including a violation of any of these Terms.

8. Content-Ownership

You agree that your use of this Service does not grant you any ownership or other intellectual property rights in any aspect of the Service, or any data, material or content provided by other users. You also agree that Basepin is not responsible for protecting any intellectual property rights you, or another party, may assert in the content, material or data you provide. You warrant and represent to Basepin that you are not infringing the intellectual property rights of others whenever you provide content, material or data on or through this Service and you agree to fully indemnify and hold Basepin harmless for any infringement of the rights of others caused by your use of this Service, as further set forth in Section 12 below.

You agree and acknowledge that your administrator (the party providing you with access codes and/or password information for accessing this Service) shall have the absolute right to access and copy any and all material and data you provide to Basepin, and that Basepin shall have the absolute right to provide copies of all such material or data to your administrator.

9. License to Use

If you accept the Terms (by using this Service), you are granted a non-exclusive, non-transferable, revocable license to access and use the Service via this site, strictly in accordance with these Terms. Subject to the license granted herein, Basepin exclusively retains all right, title and interest in this Service, all aspects of this Service, and all of Basepin’s products, software, and other properties provided to you or used by you through this Service.

10. License You Provide to Basepin

Basepin does not claim ownership in the content, material or data you provide; however, by providing content, material or data to this Service, you are granting Basepin, and its affiliates, perpetual permission to use, store, modify, copy, distribute, transmit, display, perform, reproduce, publish, sublicense, create derivative works from, and transfer any of the content, data and material you provide (subject to Basepin’s then-current Privacy Policy as set forth above in Section 5), and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the same (again, subject to Basepin’s then-current Privacy Policy), for the purposes of providing the Service.

The foregoing rights shall include the right to use any proprietary right included in such content, material or data, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction, but only to the extent necessary to exercise Basepin’s foregoing license rights.

11. Policy Regarding Allegations of Copyright Infringement

Basepin responds to notices of alleged copyright infringement in a manner compliant with the Digital Millennium Copyright Act. To provide or respond to notices of copyright infringement, you will need to take the following steps:

NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you have a “good faith” belief that content provided on this Service infringes your rights, and you wish for Basepin to address the accused infringing content, you must first provide the following information in the manner described in lines (1)-(7), which you can provide in a document entitled “Notification”:

  1. Identify the copyright work you claim is infringed. What is the original copyright work you claim is infringed?
  2. Identify the content that you claim is infringing the copyright work. You also need to provide enough information for Basepin to locate the accused content on our Site(s).
  3. Provide your contact information, including full name, mailing address, telephone number, and email address, if available.
  4. Provide a statement that you have a “good faith” belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. Provide this statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed.”
  6. Provide your signature on the Notification (or an electronic signature).

Send your Notification to our Designated Agent address at:
1415 238th PL SW Bothell, WA 98021 or
DMCA@Basepin.com

COUNTER NOTIFICATION

If Basepin removes or disables access to content you provide as a result of a NOTIFICATION of alleged copyright infringement, we will promptly attempt to identify and notify you if we have reasonable access to your contact information. If you disagree with the allegation of copyright infringement, you can provide a COUNTER NOTIFICATION, which must include the following:

  1. Identify the content (material) that has been removed or to which access has been disabled.
  2. Provide this statement: “I swear under penalty of perjury that I have a good faith belief that the content removed or disabled was the result of a mistake or misidentification of the content.”
  3. Provide your name, address and telephone number and email address (if available).
  4. Provide this statement: “I consent to the jurisdiction of the Federal District court for the judicial district in which the address (above) is located, or if my address is outside the United States, the Western District of Washington State, USA, and I will accept service of process from the person who provided the notification/complaint or that person’s agent.”
  5. Sign the document (or provide an electronic signature).

Send the COUNTER-NOTIFICATION to our designated agent at:
1415 238th PL SW Bothell, WA 98021 or
DMCA@Basepin.com

12. Indemnification

You agree to indemnify, defend and hold harmless Basepin, its partners, shareholders, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) from any liability, loss, claim and expense related to, or arising out of, content, data or material you submit to the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

13. Unlawful Activity

Basepin reserves the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate. Basepin may disclose information about its users, or the content, material or data if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.

14. Termination by Basepin
Basepin reserves the right to terminate your access to this Service at its sole discretion at any time. Basepin will make best efforts to inform you prior to taking any necessary action that may impact your access to this Service. However, certain circumstances may arise that require Basepin to act, at its discretion immediately, to preserve the integrity of the Service. You agree that Basepin has the right, at its sole discretion, to terminate your access to this Service (or any part thereof), immediately and without notice, and to remove and discard any content, material or data within the Service, for any reason, including, without limitation, if Basepin believes that you have acted inconsistently with the Terms. Basepin will terminate access for users that are repeat infringers of others’ copyrights. You agree that Basepin shall not be liable to you nor any third-party for any such termination of your access to the Service and that all limitations on liability in Section 15 apply. Furthermore, you agree not to attempt to use the Service after said termination. Notwithstanding any termination, the Sections of this agreement that would naturally be expected to survive shall survive.

15. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BASEPIN BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON BASEPIN’S SERVICE.SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, GENERAL AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (REGARDLESS OF WHETHER BASEPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE BASEPIN SERVICES, FROM INABILITY TO USE THE BASEPIN SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BASEPIN SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BASEPIN SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BASEPIN SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE BASEPIN SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BASEPIN SERVICES. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE BASEPIN SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE BASEPIN SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. [SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.] Without limiting the foregoing, under no circumstances shall Basepin be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

16. Disclaimer of Warranties

ANY INFORMATION, CONTENT AND DOCUMENTS AVAILABLE FROM OR THROUGH THIS SITE AND SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). YOU UNDERSTAND AND AGREE THAT USE OF THE BASEPIN SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BASEPIN DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BASEPIN SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BASEPIN DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON BASEPIN’S SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON BASEPIN’S SITE(S). TO THE FULLEST EXTENT PERMITTED BY LAW, BASEPIN DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BASEPIN SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

17. Other Important Terms

This Agreement and any license agreement between your administrator and Basepin, together form an integrated Agreement, and this Agreement constitutes the entire and the only agreed upon Terms between you and Basepin. No other terms made outside of this Agreement shall apply to the relationship between you and Basepin. These Terms and this Agreement may be modified at any time by Basepin, from time-to-time, and any such modification shall replace any and all prior version of this Agreement, between you and Basepin, and shall take such effect immediately upon being posted by Basepin to this site. Thus, please check for updates of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. You and Basepin agree that any action to enforce this Agreement shall be brought within the jurisdiction of the courts located within the county of King in the State of Washington. The language in this Agreement shall be interpreted as to its fair meaning and any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by Basepin in its sole discretion to a third party in the event of an acquisition, sale or merger, subject to all other Terms herein. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with this Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Basepin’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. If you are a resident of a state having a civil code section providing that a general release does not extend to claims that the creditor does not know or suspect to exist in his/her favor at the time of executing the release, or any other provision having same or similar effect, you waive your rights under such provision unless otherwise prohibited by law. Basepin is located at 1415 238th PL SW Bothell, WA 98021. The titles, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.

18. Intellectual Property Notices

The mark BASEPIN is the property of Basepin, Inc., in the USA and elsewhere. The site(s) of this Service and related software are protected under US and international copyright laws and you are hereby notified that copyrights are claimed by Basepin. You agree to abide by any and all copyright notices displayed on this Service. You also agree not to attempt to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.
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