WELCOME TO RENT BUY BASH, THE ONE STOP SHOP FOR ALL YOUR VIDEO GAME NEEDS!
Please read the following terms and conditions (“Terms of Service”). YeaBaby LLC (“Yeababy,” together with its other business units including but not limited to Rent Buy Bash, “we” or “us”) provides an online community for video game enthusiasts where users can setup a profile with all of their video game ratings, favorites, cheat codes, strategy guides, connect their profile with fellow users and meet new gamers with similar gaming experiences, by using our unique rating module to give users a real say as to which video games are worthy of renting, buying, or bashing (collectively the “Services”). Users can access these Services through our website located at www.rentbuybash.com and any other current and future websites owned, operated or controlled by us, our current and future social media networking webpages, and current and future mobile applications (collectively the “Sites”).
These Terms of Service govern your access to, and use of, the Sites, including any content, information, products or Services therein. These Terms of Service is a legal agreement between you and us, and applies to you whether you are a registered user of the Sites (“Member”) or a non-registered user just browsing (collectively “Users”).
YOU UNDERSTAND THAT BY USING RENT BUY BASH, THE SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES CONTAINED THEREIN. YOU UNDERSTAND THAT RENTBUYBASH.COM IS AN AFFILIATE MARKETING WEBSITE WITH PARTNERSHIPS TO MULTIPLE BUSINESSES. WE ARE NOT RESPONSIBLE FOR YOUR PURCHASES MADE ON THESE AFFILIATES.
1. Modification of Rent Buy Bash or Terms of Service.
We reserve the right, in our sole discretion, to at any time, modify, discontinue or terminate Rent Buy Bash and the Services, or modify these Terms of Service without notice. All modified terms and conditions will be effective immediately after they are posted on Rent Buy Bash (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to abstain from using Rent Buy Bash and Services, and if applicable, terminate your Account (defined below). By continuing to access, visit, or use Rent Buy Bash and Services after we make any such modification and/or update, you agree to be bound by the revised Terms of Service.
We recommend that you visit this page frequently to review the current Terms of Service. Your continued use of the Services will be deemed as your irrevocable acceptance of any revisions made. This agreement may not be otherwise amended except in a writing hand containing yours and our signatures. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
2. Registrations and Eligibility.
b. You are responsible for protecting and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify us of any unauthorized use of your Account or any other breach of security within (24) twenty-four hours of such use being known to you. In the event that your user name or password is lost or stolen, please notify us immediately so that a new user name or password can be created for you.
c. If you sign up to become a Member of Rent Buy Bash, you agree to provide true, accurate and complete registration information and further agree to keep said information current and to update relevant personal information provided to us as necessary. Additionally, you expressly agree to not use false identities or impersonate any other person or use a name that you are not authorized to use.
d. If you become a Member and create an Account, you consent to the use of: (i) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (ii) the creation of electronic records
All users of Services must be 13 years of age or older. The Services are not directed toward children under the age of 13, and we do not knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to us. Some of our Services may require you to be over the age of 18 or the age of majority for your state; please see the term and conditions of the relevant offer for more details.
4. Online Privacy Notice
5. Content on Rent Buy Bash
Rent Buy Bash allows access to a wide variety of content. “Rent Buy Bash Content” or “Content” as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through Rent Buy Bash, excluding User Submissions. “User Submissions” as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and other content and information which Members post, upload and otherwise submit to Rent Buy Bash, including, and without limitation, in Member created profile pages. YEABABY LLC AND/OR RENT BUY BASH RESERVE THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY RENT BUY BASH CONTENT OR USER SUBMISSIONS FROM RENT BUY BASH WITHOUT NOTICE.
6. Objectionable Material
While using the Services and Sites, you may encounter content that may be deemed offensive, indecent, or objectionable. You agree to use the Services and Sites at your own risk, and you further agree that we are not be liable to you for the type of content that you may access, including, and without limitation, content that you may find offensive, indecent, or objectionable.
7. Your Use of the Services
You are responsible for your use of the Services and for any consequences thereof, including any information you choose to make available, posts you provide, usernames and passwords that you provide to the Services, including those usernames and passwords provided by you for access to various third party services (e.g., social networking and other accounts that you wish to link with your account on the Services).
You are responsible for any information you provided to the Services that becomes available to other users of the Services. You should only make such information available if you have the legal right to post online and if you are comfortable sharing such information with others.
Your right to make use of the Services and any Content appearing on Rent Buy Bash is subject to your compliance with these Terms of Service Modification or use of the Content or any other Content on the Services for any purpose not permitted by these Terms of Service, may be a violation of Copyrights and/or Trademarks of the Sites, or of Third Parties, and is strictly prohibited.
You may access and display Content and all other Content displayed on the Services for non-commercial use and personal entertainment. The Content on the Services may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless expressly authorized by us. Any authorization granted by us to copy Content on our Sites, for any reason, is restricted to making a single copy for non-commercial, personal entertainment use, and is subject to your maintenance of all copyright and other proprietary notices. Using any of our Content on any other website or networked computer environment is expressly prohibited. Moreover, decompiling, reverse engineering, disassembling, or otherwise using technical means to investigate and/or replicate the functionality of the Services and/or to copy or create other products based (in whole or in part) on the Services, is expressly prohibited.
8. Digital Rights Management
You agree not to capture or record any Content unless explicitly permitted by the Software or Services. You also agree not to bypass, modify, defeat or tamper with or circumvent any of the functions or protections or security measures of the Services, Software or Content or mechanisms that protect or limit use or access to the Services, Software or Content, including, but not limited to, any digital rights management functionality.
9. Your Responsibilities Obligations in Using Rent Buy Bash and Services.
Rent Buy Bash and the Services contained therein, may be used and accessed only for lawful and non-commercial purposes. You expressly agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of Rent Buy Bash and the Services contained therein. In addition, without limitation, you agree that you will not do any of the following while using or accessing Rent Buy Bash or the Services contained therein:
a. Circumvent, disable, destroy, or otherwise interfere with security related features of Rent Buy Bash or other means used by Rent Buy Bash that prevent or restrict use or copying of any Rent Buy Bash Content;
b. Upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
c. Use any meta tags or other hidden text or metadata utilizing a Rent Buy Bash and/or Yeababy LLC name, trademark, URL or product name;
d. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation and advertisement;
e. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use Rent Buy Bash or the Services contained therein to send altered, deceptive or false source-identifying information;
f. Upload, post, email, or otherwise transmit, via Rent Buy Bash or the Services contained therein, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of Rent Buy Bash or that violate any applicable state, federal, or international law.
g. Upload, post, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any Users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing Rent Buy Bash;
h. Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise underhandedly contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
i. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages linked to or available at Rent Buy Bash, servers or networks connected to Rent Buy Bash or the technical delivery systems of its providers or disobey any requirements, procedures, policies or regulations of networks connected to Rent Buy Bash;
j. Attempt to probe, scan or test the vulnerability of any Rent Buy Bash’s systems or networks or breach or impair or circumvent any security or authentication measures protecting Rent Buy Bash or the Services Contained therein;
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Rent Buy Bash or the Services contained therein;
l. Attempt to access, search or meta-search Rent Buy Bash with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Rent Buy Bash or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Google Chrome or Opera), including without limitation any software that sends queries to Rent Buy Bash to determine how a website or web page ranks.
m. Collect or store personal data about other Users without their express permission or the express permission of Rent Buy Bash;
n. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, social networking or otherwise commit fraud in any way shape or form under all applicable state, federal, and international laws;
o. Using Rent Buy Bash or the Services contained therein in any manner not permitted by this Agreement; or
p. Encouraging or instructing any other individual to do any of the foregoing or to violate any term within Rent Buy Bash’s Terms of Service.
11. Submissions, Postings and E-mails
We are interested in your comments, questions, and suggestions (“Feedback”) regarding the performance of our site and any questions that you may have with respect to our Services. You may provide suggestions and comments regarding our Services by submitting an email to email@example.com. We apologize in advance if we do not respond directly to your submissions. In addition, you agree that we may use in any manner, and without limitation, the Feedback that you provide.
We do not, however, accept or consider unsolicited submissions of any kind (e.g., business proposals, website apps, widget proposals, images, samples of your work or the like, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed, or deleted and discarded without being reviewed. Therefore, please do not send any us unsolicited submissions.
Particular areas on the Services, however, may expressly request submissions of photographs, images, concepts, stories, commentaries, reviews, audio, visual, public and private messages or other potential content from you (“Invited Submissions”). In such cases, please carefully read any specific rules or other terms and conditions that appear elsewhere on the Services which govern those submissions, as they will impact your legal rights. If no terms apply to those submissions, then these Terms of Service will govern any Invited Submissions you make. Lastly, we will not treat any material that you send us as confidential.
We implore you to act responsibly when using the Services. You may only use the Services for lawful purposes and in accordance with applicable law and you are strictly prohibited from storing, distributing or transmitting any unlawful material through the Services. Additionally, you may not collect or store personal information regarding other users. Further, you acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that you have contributed unlawful material to the Services, you will have the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by us) or privately transmitted on or through the Services are the sole responsibility of the sender, not us, and that you are responsible for all material you upload, post or otherwise transmit to or through the Services.
By using the Services, you expressly agree to not post e-mails or submit, publish, or otherwise make available on the Services any content, or act in a way, which in our opinion:
- Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive, or contains hate propaganda or promotes discrimination or violence against anyone for any reason, including without limitation on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
- Contains the image of any person without their written permission to post the image on the Services;
- Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Services;
- Solicits funds, advertisers or sponsors;
- Promotes information that you know is false, misleading, or promotes illegal conduct;
- Is or promotes an illegal or unauthorized copy of another person’s copyrighted work, or provides information to circumvent access control or copyright protection technologies;
- Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any person or entity;
- Violates any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
- May be harmful to minors or seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- Disobeys any policy or regulations established from time to time regarding use of the Services or any networks connected to the Services;
- Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by us or any other party;
- Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach or impair or circumvent any security or authentication measures protecting the Services;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Involves the transmission of any unsolicited commercial messages or other similar commercial communications (such as spam);
- Improperly solicits or collects usernames, email addresses, passwords, or personal identifying information from other users for any purpose;
- Otherwise violates any local, state, national or other applicable law or regulation; or
- Contains links to other sites that contain the kind of content that falls within the descriptions set out above.
In addition, you may not, in relation with your use of the Services:
- Impersonate any person or entity, including our officers or employees, or falsely misrepresent your affiliation with any other person or entity;
- Disguise the origin of any content posted or transmitted on or through the Services;
- Interfere with or disrupt the Services or network resource;
- Stalk or harass any person; or
- Collect or “harvest” from the Services the names of or information associated with other users.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by us anywhere on the Services (e.g., on any web space made available for your personal use).
12. Our Use of Content
We will consider anything you provide to us and/or contribute to the Services as available for our use free of any obligations to you, except unsolicited submissions (see “Submissions, Postings and E-mails” above). We do not claim ownership in content you post or upload to the Services (including without limitation audio, video or photographs) or in communications or material provided to us by posting any public or private messages that may be viewable by other users (“User Content”). However, by providing, uploading or posting User Content via the Services, you automatically and irrevocably: (a) grant and assign to us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, use, adaptation, distribution, modification, publishing, translation, creation of derivative works and/or other exploitation by the us and/or by any person authorized by us, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity and we may sublicense all or part of its rights under this license or assign them to third parties; (b) waive all moral rights in the User Content that may be available to you in any part of the world and confirm that no such rights have been asserted; © appoint us as your agent with full power to enter into any document and/or do any act we may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content or have all required consents to supply the User Content and entitled to enter into these Terms of Service; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person; (f) confirm that your posting of the content on or through the Service does not violate the privacy rights, publicity rights, copyrights or other rights of any other person; (g) your posting is in accordance with this Terms of Service and that we shall not be liable for any use or disclosure of such User Content. We reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Content that is contributed to the Service. Without limiting the foregoing, we shall have the right to remove any User Content that violates these Terms of Service or is otherwise objectionable as determined in our sole and absolute discretion. You acknowledge that we do not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate, and assume all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
13. Termination; Cancellation of Services and Membership.
a. We may immediately terminate or suspend your access to Rent Buy Bash and the Services contained therein, and may remove any material (including User Submissions) from the Sites or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate Rent Buy Bash, the Services contained therein or your access thereto at any time and for any reason without notice unless further notice is required by applicable law. After such a termination, you affirm and acknowledge that we will have no further obligation to provide the Services contained within Rent Buy Bash. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. We are not liable to you or any third party for termination of the Services of Rent Buy Bash or termination of your use of the Services of Rent Buy Bash. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON RENT BUY BASH OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
b. You may terminate your Account at any time and for any reason by clicking “Cancel Account” on the “My Account” page. Upon any termination by a Member, the related Account will no longer be accessible.
c. Any suspension, termination or cancellation will not affect your obligations to us under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
14. Third Party Links.
We may provide links to third party websites or resources utilized by Rent Buy Bash. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and we do not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such websites or resources.
15.Intellectual Property Rights and Ownership.
a. Rent Buy Bash Content. You may access and use Rent Buy Bash, the Services contained therein, Rent Buy Bash Content and User Submissions for your own personal non-commercial use. You expressly agree that you will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Rent Buy Bash, Rent Buy Bash Content, User Submissions or related products and services. You further agree to not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Rent Buy Bash, Rent Buy Bash Content, User Submissions (other than your User Submissions). Yeababy and its licensors own all right, title and interest, including all worldwide intellectual property rights in Rent Buy Bash, Rent Buy Bash Content and the trademarks, service marks and logos contained therein other than your User Submissions.
The Services and the content and material incorporated in or made available through the Services, including Premium Content, (collectively “Content”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, branding, logos or images on the Services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by us or others (“Trademarks”). We adhere to the intellectual property rights of others and ask users of the Services to do the same. You agree to use the Services and its Content lawfully and agree that you will not infringe the intellectual property rights of the owners of Content made available through the Services. The Content, Copyrights or Trademarks may not be used in connection with any other product or service, in any manner that is likely to create confusion among customers, or in any manner that disparages or discredits us or our affiliates.
b. User Submissions.
(i) License Grant. We do not claim ownership rights in your User Submissions. However, by uploading, posting, emailing or otherwise transmitting any User Submission on Rent Buy Bash or any of the Services, you hereby grant us a non-exclusive, worldwide, royalty-free, sub licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on Rent Buy Bash and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to us. We will own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by us including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by us for the full benefit of the rights granted to us by you.
(ii) Limitations. You acknowledge and agree that we may, at our sole discretion, establish limits concerning User Submissions, including, but not limited to, the maximum number of days that User Submissions will remain on Rent Buy Bash or the Services, the maximum size of any files that may be stored on or uploaded to Rent Buy Bash or the Services, and the maximum disk space that will be allotted to you for the storage of User Submissions on our servers. By accessing Rent Buy Bash and the Services, you expressly agree that we are not responsible or liable for, and you are solely responsible for, creating back-ups of your User Submissions.
(iii) Disclaimer. We have no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using Rent Buy Bash or the Services contained therein and we do not have any affirmative obligation to monitor such User Submissions for any purpose and, as a result, we are not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by Members, including without limitation any information obtained by using Rent Buy Bash or the Services contained therein. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
16. Copyrighted Materials: No Unauthorized Use.
YOU WILL NOT USE RENT BUY BASH OR THE SERVICES CONTAINED THEREIN TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. We have adopted and implemented a strict policy that mandates the termination of the Accounts of Members who repeatedly infringe or are believed to be infringing the rights of copyright holders under the appropriate circumstances. Please refer to our Copyright Policy for further information.
If you believe that content you own has been used on Rent Buy Bash, or in the Services contained therein, in a way that violates your copyright or other intellectual property rights, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our Designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
|By mail: Designated Agent Attention: Yeababy, LLC 411 Hackensack Avenue 6th Floor Hackensack, NJ 07601||By email:firstname.lastname@example.org|
17. Local Regulations
The Services and the Software are intended for use in the United States only. We make no representation that Content in the Service is appropriate or available for use outside the United States, its territories, possessions and protectorates. If you elect to access the Service from other locations, you do so on your own volition and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. Lastly, you specifically agree to comply with all applicable export control laws.
18. Disclaimer of Warranties
YOUR USE OF THE SERVICES (INCLUDING ALL PREMIUM CONTENT AVAILALE NOW AND IN THE FUTURE) IS AT YOUR OWN RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, CONTENT AND PREMIUM CONTENT IN THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES, AND OUR COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.WE AND ROXIONOW DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAY MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, CONTENT OR PREMIUM CONTENT IN THE SERVICES OR ANY WEB SITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.WE AND ROXIONOW MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE, CONTENT OR PREMIUM CONTENT IN THE SERVICES OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR CONTENT OF THE SERVICES OR ANY OTHER WEB SITE. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, RISKS OF ERRORS, CORRUPTION, VIRUSES, HACKING, INTRUSIONS, DAMAGE TO EQUIPMENT, LOSS OF DATA, CONTENT, PREMIUM CONTENT OR UNAVAILABILITY OR INTERRUPTION OF SERVICE OR OPERATIONS, HOWEVER CAUSED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THIRD PARTY APPLICATIONS OR FEATURES (“THIRD PARTY TOOLS”) PROVIDED BY THE SERVICES ARE NOT OUR RESPONSIBILITY. YOUR USE OF THIRD PARTY TOOLS IS AT YOUR OWN RISK. OUR COMPANIES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, AS TO THIRD PARTY TOOLS INCLUDING, WITHOUT LIMITATION, CONCERNING NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, RISKS OF PROGRAM ERRORS, CORRUPTION, VIRUSES, HACKING, INTRUSIONS, DAMAGE TO EQUIPMENT, LOSS OF DATA, OR UNAVAILABILITY OR INTERRUPTION OF SERVICE OR OPERATIONS, HOWEVER CAUSED, ACCURACY, AVAILABILITY, SATISFACTORY QUALITY, AND MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
19. Limitation of Liability
WE DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES OR ANY WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, CONTENT OR PREMIUM CONTENT ON THE SERVICES OR ANY WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY OF OUR COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY OF OUR COMPANIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE SHALL NOT BE LIABLE FOR ANY USE OR MISUSE OF THE SOFTWARE OR ANY SERVICES USING THE SOFTWARE. YOU ACKNOWLEDGE THE SOFTWARE IS BEING MADE AVAILABLE IN RELIANCE ON THE EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH HEREIN AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL OUR COMPANIES’ LIABILITY TO YOU FOR ANY AND ALL DAMAGES OF ANY TYPE EXCEED FIVE-HUNDRED DOLLARS (US $500.00).
THE MATERIAL, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON THE SERVICES ARE NOT NECESSARILY THOSE OF OUR COMPANIES OR OTHER CONTENT PROVIDERS. WE MAY REMOVE OR MODIFY ANY CONTENT OR PREMIUM CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN OUR SOLE DISCRETION.
WE MAY NOT UNDERTAKE MONITORING OR REVIEW OF COMMUNICATIONS OF USERS OF THE SOFTWARE OR THE SERVICES, AND THE CONTENT OF SUCH COMMUNICATIONS IS NOT OUR RESPONSIBILITY. ANY USE OF THE FEATURES OF THE SOFTWARE OR THE SERVICES WHICH ALLOW USERS TO COMMUNICATE (THE “COMMUNICATION FEATURES”) WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY DESCRIBED ABOVE.
20. Indemnity Clause
You agree to indemnify and hold harmless our Companies and our respective officers, directors, employees, agents, and distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees and expert witness fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto our servers, and/or from any and all use of the Services or your account.
21. Jurisdictional Issues
The Services and Content is presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates. These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey.
22. Disputes / Arbitration
It is the policy of Rent Buy Bash to resolve any dispute that arises between you and us quickly and in the most cost effective manner possible. Therefore, we ask that you send us a notice of the dispute via email to email@example.com before resorting to the methods described below. Upon receipt of said notice, we shall have no less than ten (10) business days to attempt to resolve the dispute with you before the parties resort to the other alternatives described in this section.
In saying this, you expressly agree that any dispute arising under these Terms of Service between you and any of our Companies shall be resolved by binding arbitration in Bergen County, New Jersey. Both parties reserve the right to seek an injunction or temporary restraining order from a Federal or State court in the United States. However, after such request for relief has been heard by such court, the remaining dispute will be resolved by binding arbitration as otherwise set forth herein. We reserve the right to demand any remedy for violations of these Terms of Service and/or any other rules and regulations set forth on the Services, including without limitation the right to block access from a particular Internet address.
Any arbitrator proceeding over a dispute arising under these Terms of Service shall be conducted by a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and shall adhere to New Jersey law in adjudicating the dispute. The parties agree that they will follow the JAMS rules in arbitrating their dispute, except to the extent that the JAMS rules are inconsistent with this Agreement or the class action waiver described below.
If the claim you assert against us is less than $10,000, then, at your election, the arbitration may proceed in-person, by telephone, or by written briefs. However, you may also elect to bypass arbitration and proceed to assert your claim in small claims court if permitted under New Jersey law. If either party files a claim in state or federal court that is required by this Agreement to have been brought to arbitration, then the other party shall be entitled to his/her/its reasonable attorneys’ fees incurred in successfully filing a motion to compel the claim to arbitration.
23. CLASS ACTION WAIVER
THE PARTIES AGREE THAT THEY WILL RESOLVE THEIR DISPUTES ON AN INDIVIDUAL BASIS. ANY CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.THIS AGREEMENT ALSO PREVENTS ANY PARTY FROM PARTICIPATING IN A CLASS ACTION (EXISTING OR FUTURE) THAT WAS BROUGHT BY ANY OTHER PARTY. INSTEAD, THE PARTIES AGREE TO RESOLVE THEIR DISPUTES UNDER THIS AGREEMENT ON AN INDIVIDUAL BASIS.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
26. Our Live Chat and Online Communities
1) Online Community and Live Chat Conduct. By using and/or registering for current or future community boards, user pages, blogs (the “Rent Buy Bash Blogs”) or other tools or applications for communicating, posting, or creating User Content, or communicating with fellow Users (collectively the “User Tools”), you agree to use the User Tools only to post User Content that is proper and related to the particular forum, or game being discussed. For example, but not in anyway limited to, you agree that when using the User Tools, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have expressly received all necessary consents.
- Post files or content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell any goods or services for any commercial purpose.
- Post surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another User of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Restrict or inhibit any other User from using and enjoying any public area of the Services.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
If you opt to use language, such as a user name or game name that, in Rent Buy Bash’s sole discretion, is obscene, indecent, offensive, or abusive or that might otherwise be objectionable or inappropriate, we reserve the right without prior notice to you to delete or change the offending language including your user name or game name.
2) User Tools. Rent Buy Bash and/or Yeababy LLC reserve the right to terminate your access to any or all of the User Tools at any time without notice for any reason whatsoever.
3) Oversight. Rent Buy Bash and/or Yeababy LLC have no obligation to pre-screen or monitor the User Tools or the content Posted on or through any User Tools. However, Rent Buy Bash and/or Yeababy reserve the right at all times to edit or remove any content or communications, in whole or in part, in Rent Buy Bash and/or Yeababy’s’ sole discretion and to disclose any information or take any action as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4) Usage. Content or communications posted using the User Tools are generally public, not private, communications and others may read your communications without your knowledge or consent. You should not have any expectation of privacy relative to your communications through the User Tools. Always use caution when posting personal information, especially when posting information that could personally identify you. Your posting of any User Content through the User Tools is done at your own risk. Rent Buy Bash and/or Yeababy are not responsible for its theft, copying or placement of that User Content on other media or networks. Rent Buy Bash and/or Yeababy do not control or endorse the content, messages or information found in any community or live chat session and, therefore, Rent Buy Bash and/or Yeababy specifically disclaim any liability with regard to the User Tools and the content therein and any actions resulting from your participation or the participation of others using the User Tools. Future or Present Community managers and hosts are not authorized spokespersons of Rent Buy Bash and/or Yeababy or any of its affiliates, and their views do not necessarily reflect those of Rent Buy Bash and/or Yeababy LLC . Community managers and hosts do, however, set standards on their own community areas. By posting User Content through the User Tools you grant Rent Buy Bash certain rights as described in within these Terms of Service.