BassBucks, LLC
Terms of Service
This Terms of Service (the “Terms”) is a binding agreement between you (”End User” or “you”) and BassBucks, LLC (“BassBucks”). These Terms govern your use of BassBucks’ website at www.BassBucks.com (the “Site”), mobile application (the “App”), and the daily fantasy fishing platform, services, and related features and offerings related to the sport of fishing through the Site and / or App (together with the Site, and the App, the “Services”). The Services are licensed, not sold, to you.
BY CLICKING THE BOX TO INDICATE ACCEPTANCE, BY USING THE SITE, OR OTHERWISE USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THE BASSBUCKS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE OR APP AND CEASE USE OF THE SERVICES.
1. License Grant.
Subject to these Terms, BassBucks grants you a limited, non-exclusive, and nontransferable license to use the website for your personal, non-commercial use on devices owned or otherwise controlled by you (“Device(s)”) and to use the Services strictly in accordance with these Terms.
2. Modification to these Terms and the Services.
BassBucks may, at its sole discretion, change these Terms, including the BassBucks Privacy Policy, from time to time. If changes occur, we will notify you the next time you login following such updates, requesting your acknowledgement and acceptance. Updated versions will never apply retroactively and will give the date they go into effect. We recommend that you check the Terms and Privacy Policy periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.
Additionally, BassBucks reserves the right to modify, suspend, or discontinue the Services, whether temporarily or permanently at any time for any reason. You agree that BassBucks shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to Site and / or App in order to continue to use the Services. BassBucks may also impose limits on certain features and services, restrict your access to parts or all of the Services, and suspend or terminate End Users without notice or liability. For example, in order to participate in Paid Contests (defined herein), you must be a certain age (as further outlined in these Terms).
3. Communications
You consent to accept and receive communications from us, including e-mail. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services.
4. BassBucks Account
You may visit the Site without registering for an account, but as a condition of using certain aspects of the Services, such as participation in Contests (defined below), you are required to create a BassBucks account (an “Account”).
You are solely responsible for maintaining the confidentiality of your account and password, and any other login credentials made accessible to you, such as a 2-factor authentication code or similar, and for restricting access to your devices and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to BassBucks immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. BassBucks cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
In order to create an Account, you may be prompted to fulfill additional know your customer (KYC) steps prompted by BassBucks or on its behalf through Third-Party Service Providers of BassBucks used to authenticate your ability to use all or certain portions of the Services, for example, to verify your age and location in order to participate in certain Contests provided by us. End Users are entirely responsible and liable for providing accurate information in the Account creation and other related KYC processes.
End User’s must comply with all federal and state regulations for daily fantasy sports (DFS) in their current location. You also must be the specific age required by us and in your state to participate in fantasy gaming contests, as applicable, to open an Account, participate in our Contests, or win prizes offered through our Services. If End User’s fail to allow access to location services, or otherwise cannot be verified for any reason, access may be denied to Contests and / or other portions of the Services. Any attempt to bypass any requirement may lead to an End User being blocked, banned, or otherwise unable to use the Services, to be determined at BassBucks sole discretion. BassBucks cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. Services and Game Play.
BassBucks provides a unique fantasy sports experience in the fantasy sports market of professional fishing. Currently, BassBucks offers both free online fantasy sports contests (“Free Contests”), and real-money competitions of skill (“Paid Contests”, and, together with Free Contests, the “Contests”), in which Paid Contest participants (each a “Participant”) compete for cash prizes (each a “Prize”).
The End User has the ability to access available Contests and enter them, add a payment method, add funds to their Account, withdraw funds from available funds, and participate in key Account tools and features. This App is where Contests will be made available. A general description of each type of Paid Contest offered is described in this Section 5; provided, however, all game play rules for the specific Contest which you enter, will be provided by a link to such rules(collectively, “Contest Rules”).
You may be able to visit our Site to see the Contests available to participate in. Such participation may require you to create an Account. Entry for skilled Contests may be free (Free Contests) or may require an entry fee (Paid Contests). For Paid Contests, BassBucks will inconspicuously provide you with the applicable fee amount required for entry, the process to enter the Paid Contest for the applicable skilled fantasy sports game, and the applicable prize associated with the Paid Contest, in each case available in the applicable Contest Rules. For the avoidance of doubt, all Contests will be subject to the applicable Contest Rules.
We may disqualify any Participant from a Contest, refuse to award any Prize, or otherwise prevent your use of the Service if you engage in conduct or otherwise utilize any information we deem, in our sole discretion, to be improper, unfair, discriminatory, obscene, fraudulent, dishonest, or otherwise damaging to our Service (see License Restrictions). If you enter a Contest, your entry may be prevented from removing yourself from a Contest and any entry fees may be prohibited from being returned to you as all fees processed by or on behalf of BassBucks are non-refundable (see Payment). Paid Contests are all contests of skill, meaning a winner (or winners) are determined by certain criteria, skill, rules, techniques, and/or user decisions during participation in the Paid Contest. Unless otherwise stated in the Contest Rules, all Contest entries must be submitted by the start time of the Contest designated by BassBucks, line-ups started before the start time but submitted after the start time will not be allowed to enter the Contest. All Contests require a minimum of 1 Angler (defined below) per Participant line-up to submit for entry into a Contest, as every entry requires a minimum of 1 Angler per Contest.
Contest results are provided by BassBucks and shall be final, at BassBucks’ sole discretion. Such a determination of score or applicable winners shall not be changed. Any Value Prizes or cash amounts due to you from the result of a Paid Contest shall be promptly provided to you after such win. Your Account balance, any Value Prize purchase, Gold Coins, and MVP Cash shall all be displayed on your Account. (see Payment for more details on Gold Coins, Value Prizes, and MVP Cash).
Your participation in certain games, Contests, purchase of products, participation in any affiliate program, or use of or participation in other features or offerings made available on or through the Services may be subject to additional terms and conditions, and which may be modified from time to time, (collectively, “Supplemental Terms”). Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. In the event of a conflict between the Supplemental Terms and this Agreement, the Supplemental Terms shall prevail solely to the extent of such conflict.
Free Contests do not implicate gambling, skill gaming, or fantasy contest restrictions, and therefore, the following section (BassBucks Teams and Paid Contests) only applies to the real-money fantasy skill game Paid Contests offered by BassBucks.
BassBucks Teams and Paid Contests
The BassBucks Paid Contests are accessible through the BassBucks App. Before entering a Paid Contest offered by BassBucks, End Users must first create a BassBucks Account. Upon Account creation each user undergoes a KYC identity and geolocation verification by a BassBucks third-party compliance partner to confirm user eligibility. Similar verification checks are routinely performed on BassBucks End Users prior to entering the Paid Contests and at other points while accessing the BassBucks interface. After creating an Account and selecting a Paid Contest based on fishing competition, duration, opponent pool, entry fee, and Prize, End Users pay an entry fee to enter the desired Contest (see Payment).
After the Paid Contest entry fee is paid, each End User becomes a Participant, and each Participant must draft a team of between five and eight professional fishermen (each an “Angler”) to the Participant’s Paid Contest roster within the confines of an identified salary cap and otherwise in accordance with Contest Rules. Over the course of the Paid Contest period, the Participants accumulate fantasy points based on each rostered Angler’s performance in the underlying real life fishing tournament. The Participants with the highest fantasy point scoring rosters at the end of the Paid Contest period win pre-set fixed Prize(s) that are made known to the Participants before entering each Paid Contest in the applicable Contest Rules.
BassBucks offers the following salary cap Paid Contest types: “Tournament Style”; Head-to-Head (“H2H”); “5-100 Player Games”; and “50/50”. Each Paid Contest type includes multiple variations distinguished by underlying fishing tournament, Paid Contest duration, entry fee, opponent pool, and Prize amount.
· Tournament Style: In Tournament Style Contests, Participants compete against one another over the course of multiple days and attempt to accumulate the most fantasy points over a given Paid Contest period. The term “Tournament Style Contest” includes Paid Contests that take place over the course of only a portion of a real life fishing competition and which give Participants a second chance at winning in Paid Contests that are based only off of the second half of the real-world tournament.
· H2H: The second type of Fantasy Contests offered by BassBucks are H2H Paid Contests. H2H Paid Contests involve one-on-one competitions between two Participants. In this second category of Paid Contest, the Participant that scores the most fantasy points in the given Paid Contest period wins and the Participant that scores fewer fantasy points loses—giving each Participant a 50/50 shot.
· 5-100 Player Games: BassBucks also offers Paid Contests based on the number of Participants in each Paid Contest, which are its 5-100 Player Games. In 5-100 Player Games, Participants compete against the identified number of Participants (by increments of 5, 10, 20, and 100). The Participants with the highest fantasy score totals win pre-set Prize(s) based on identified Prize tiers (e.g. top 10%, 25%, 50%, etc.).
In all BassBucks Paid Contests, the Participants that accumulate the most fantasy points over the Paid Contest period win pre-set, fixed prizes based on a previously identified prize structure.
In each Paid Contest, no matter the type or variation, Participants pay entry fees to compete against other Paid Contest Participants for previously identified Prizes. The Participants with the highest fantasy point scoring rosters at the end of each Paid Contest win pre-set Prizes that are known by Participants in advance. In the event of a tie, the Participant winner or winners are determined by tiebreakers, such as overall weight of a roster’s total catch, or which rostered Angler had the first catch, at BassBucks’ sole discretion. Resolutions in the event of a tie are made known in each BassBucks Paid Contest’s posted Contest Rules. Losing Participants win nothing and forfeit their entry fees.
Upon entering a Paid Contest, Participants draft teams of Anglers in accordance with Contest Rules. Participant rosters accumulate fantasy points based on the actual performances of individual Anglers in real-world professional fishing tournaments, taken together as a fantasy fishing team. In every Paid Contest, Participants must draft enough Anglers to fill the roster size requirement for a given Paid Contest. All Paid Contests, by default, apply these minimum requirements, in addition to other specified Contest Rules.
No matter the Paid Contest variation, the real-life performances and finishing position of the Anglers are not directly tied to each Angler’s fantasy point contribution or ultimate Participant fantasy point overall score. For example, an Angler may win his real-world fishing competition, but another Angler may nonetheless score more fantasy points in a Paid Contest offered by BassBucks. Additionally, one Participant may select the winning Angler for a given tournament as well as four additional Angler’s scoring far less than projected, and lose notwithstanding drafting the tournament’s champion Angler. Therefore, a single Angler’s real-world win or loss does not have an outcome determinative impact on BassBucks Paid Contest results. It is accumulated rostered Angler performances taken as a whole, rather than individual Angler outcomes, that dictate Paid Contest results. This is true of all of the Fantasy Contests offered by BassBucks and any potential Paid Contest variation.
In sum, the winning outcome of each Paid Contest offered by BassBucks is determined by multiple performances of multiple Anglers that are competing against one another in real-world professional fishing tournaments that last multiple days. Further, each Paid Contest’s winning outcome relies on each Participant’s relative knowledge and historical data analysis skills as compared to other Paid Contest Participants. In every Paid Contest offered by BassBucks, prizes are pre-set and made known to each Participant before entering the Paid Contest, and thus, all BassBucks Prizes are fixed and not determined by the number of Paid Contest Participants or entry fees collected.
For the avoidance of doubt, you acknowledge that what you choose to do on the Service, including but not limited to picking certain Contests and options therein, is entirely at your own risk, and BassBucks shall have no responsibility or liability arising out of or relating to such use or reliance thereon. You further acknowledge that some of the Services and the tools incorporated therein may relate to the fantasy sports gaming industry. BassBucks does not condone underage betting, and any information or material derived from the Services in any way related to fantasy sports gaming is intended for individuals of legal age to partake in any fantasy sports gaming activities in the jurisdiction in which such End Users are located.
You acknowledge and understand that you will not use any information or materials derived from the Services for the purpose of placing bets or otherwise partaking in sports betting activities unless such activities are legal and otherwise in accordance with applicable law. This includes but is not limited to ensuring that such activities are legal under the law of the jurisdiction that you are engaging in such activities and ensuring that you are of legal age to partake in such activities in the geographic location in which you are physically located when attempting to engage in such activities. You are fully responsible for all of your acts or omissions in connection with the Service, whether on or outside of the Service. BassBucks does not condone any misrepresentation or other restricted behavior made by you related to the Service, including but not limited to cheating or any fraudulent behavior related to any Contest or our Service, and expressly reserves the right to cancel your entry or retain winnings while investigating suspicious activity. BassBucks may remove you from any Contest, or discontinue your access to the Service altogether immediately if it finds or believes you are misusing the Service in any way. You acknowledge you will be fully responsible and liable for all such acts and omissions committed by you related thereto, and unless otherwise prohibited by law, BassBucks hereby disclaims responsibility and all liability to you and any other third party in connection with such behavior. BassBucks takes gaming integrity and its responsibilities related thereto very seriously. BassBucks may set up a gaming review board (“Review Board”) to ensure industry standards and key gaming compliance is regularly addressed and enforced. If for any reason the Review Board finds that your access to the Service should be terminated, or that any Service or component thereof should be modified, BassBucks reserves the right to modify, suspend, or discontinue the Services, whether temporarily or permanently at any time for any reason. You agree that BassBucks shall not be liable to you for any modification, suspension, or discontinuation of the Services based upon any advise of its Review Board or other advisors.
6. Payment.
While we may offer portions of the Services for free, such as when you participate in a Free Contest, we do charge for certain features of the Services, including, without limitation, when you pay us entry fees to participate in a Paid Contest or purchase any products made available by or through our Service. When paid by you, these payments are final and non-refundable. BassBucks, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.
BassBucks will charge, and you authorize BassBucks (or its Third-Party Service Provider payment processor) to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, BassBucks may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.
BassBucks reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all Services or goods obtained through the use of the Services at any time. Regardless of the cause, BassBucks reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.
By providing your payment method through the Services, you hereby affirm that you are the lawful owner of the payment method account used to make any deposit(s) through the Services. It shall be a violation of these Terms for you to submit payment using any payment method that is not owned by you. If any deposited amount is charged back, any charged back winnings generated to you from our Service shall be forfeited and deducted from your Account balance.
Entry fees are required, amongst meeting any other qualifications through KYC or the Contest Rules, to participate in any Paid Contest. Cash value of the entry fees may be entered by you through your Account to participate in the Paid Contests. Any Prizes obtained or cash earned are provide “as is” without any warranties (express or implied), guarantees or other representations of BassBucks. You are responsible for all taxes associated with the receipt of any cash value Prizes you receive using our Service, such as winning a Paid Contest.
Subject to your compliance with these Terms, if any Account balance is present on your Account, you may request to withdraw funds from your Account balance and any time and such request shall be honored and be initiated within 3 business days.
7. License Restrictions.
You shall not:
(a) use the Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services;
(b) use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
(c) copy any portion of the Services, except as expressly permitted by this license;
(d) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
(e) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
(f) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
(g) rent, lease, lend, sell, sublicense otherwise make available the Services, or any features or functionality of the Services, to any third party for any commercial reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;
(h) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
(i) directly or indirectly take any action that imposes or may impose (as determined by BassBucks in its sole discretion) an unreasonable or disproportionately large load on BassBucks or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; run Mail list, Listserv, or any form of auto-responder or “spam” on the Services; or use manual or automated software, devices, or other processes to scrape any page of the Services;
(j) create a false identity on the Services, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another account;
(k) cheat, attempt to cheat or circumvent, or commit any fraudulent, malicious, or unintended act related to our Service or any particularl Contest.
If for any reason, BassBucks determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
8. Reservation of Rights.
You acknowledge and agree that the Services, including the Site and App, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. BassBucks, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
9. Content and User Content
Through the Services, or via other users, BassBucks may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). You have no rights in or to the Content other than as permitted herein to use or access the Services.
You retain your rights to any Content you submit, post or display on or through the Services (“User Content”). BassBucks does not receive any rights to the User Content except for the limited rights that enable BassBucks to offer its Services. BassBucks requires your permission to host, back up, and share User Content. You hereby give BassBucks permission to do these activities, and this permission extends to our affiliates and trusted third parties with which BassBucks works.
10. Collection and Use of Your Information. You acknowledge that when you use the Site and / or App, BassBucks uses automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to use the Services or certain features or functionalities, such as in order to enter into a Contest. All information we collect through or in connection with these Terms is subject to the BassBucks Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the BassBucks Privacy Policy.
11. Geographic Restrictions.
The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
Further, BassBucks will not offer certain Contests where fantasy gaming is generally prohibited, or where BassBucks has otherwise determined it will not offer certain Contests because of certain fantasy gaming regulations, including but not limited to (1) Alabama (2) Arizona (3) Colorado (4) Connecticut (5) Delaware (6) Indiana (7) Iowa (8) Louisiana (9) Maine (10) Maryland (11) Massachusetts (12) Mississippi (13) Missouri (14) Michigan (15) New Hampshire (16) New Jersey (17) New York (18) Ohio (19) Pennsylvania (20) Tennessee (21) Vermont (22) Virginia (23) Hawaii (24) Idaho (25) Montana (26) Nevada (27) Washington, and any other jurisdiction BassBucks determines, at its sole discretion, it will not offer certain Contests (collectively, the “Prohibited Jurisdictions”). BassBucks may also prohibit access to the Services in other jurisdictions that become Prohibited Jurisdictions due to newly enacted laws, at the advice BassBucks’ legal counsel, or for any other reason, at BassBucks’ sole discretion, by updating these Terms.
12. Updates.
BassBucks may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the Site (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that BassBucks has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.
13. Third-Party Materials.
The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that BassBucks is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. BassBucks does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
BassBucks may from time to time make any third-party products provided with or incorporated into the Services (“Third-Party Products”) provided or otherwise made available through the Service by a third-party service provider of BassBucks (each a “Third-Party Service Provider”). For purposes of these Terms, such Third-Party Products may be subject to their own terms and conditions, such as when you’re taken to a Third-Party Service Provider’s site for KYC authentication, or payment processing. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not use such Third-Party Products, and you acknowledge the Service may be limited without such use. You authorize BassBucks to disclose information about you, and allow Third-Party Service Providers to use and process such information, for the purpose of providing the Service, whether or not such providers are disclosed to you or white labeled. Third-Party Products may include software components that are subject to an open-source license agreement, which may include software available under certain open-source operating systems, software licenses, or any other license that is approved by the Open-Source Initiative (“Open-Source Components”). Nothing in these Terms limits your rights under, nor grants you rights that supersede, the terms and conditions of any applicable license terms for any Open-Source Components. A list of Open-Source Components which we may make available through the Service and information related to those Open-Source Components is available here[BS1] .
14. Term and Termination.
The term of these Terms commences when you acknowledge your acceptance and will continue in effect until terminated by you or BassBucks as set forth in this section. You may cancel your Account at any time through your Account settings. You are entirely responsible and liable for withdrawing funds prior to the cancellation of your Account by you or Bassbucks. All amounts remaining in your Account after termination are immediately forfeited to BassBucks. We may suspend or cancel your Account upon written notice to you for any reason or no reason at all, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, your Account should be removed due to unlawful conduct, or our provision of the Services to you is no longer commercially viable.
BassBucks reserves the right to terminate your Account after 180 days of inactivity. BassBucks will provide you with reasonable advance notice via the email address associated with your Account to remedy the activity that prompted us to contact you and give you the opportunity to export any amounts left in your Account balance from our Services. If after such notice you fail to take the steps we ask of you, BassBucks reserves the right to remove your Account information along with any Account settings from our servers with NO liability or further notice to you. Upon termination of your Account. your license to use the Services terminates, and any request to access the Services will prompt you to contact us.
15. Disclaimer of Warranties.
THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BASSBUCKS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, BASSBUCKS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
BASSBUCKS DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, BASSBUCKS SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING THE SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability.
IN NO EVENT SHALL BASSBUCKS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD-PARTY SERVICE PROVIDERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS LESS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, BASSBUCKS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
17. Indemnification.
You agree to indemnify, defend, and hold harmless BassBucks and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms.
18. Severability.
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
19. US Government Rights.
The Services are a "commercial product" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
20. Governing Law.
These Terms are governed by and construed in accordance with the internal laws of the State of South Carolina, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms and our Privacy Policy shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina in each case located in Richland County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. Entire Agreement.
These Terms, our Privacy Policy, the Contest Rules, any Supplemental Terms, and any statements or rules on the Services on your date of access constitute the entire agreement between you and BassBucks with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
22. Waiver.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other agreement, these Terms shall govern.
23. Waiver of Class Action.
You agree that any dispute arising out of or related to these Terms or the Services shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST BASSBUCKS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
24. Waiver of Jury Trial.
EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS, INCLUDING ANY TERMS INCORPORATED HEREIN, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING ANY TERMS INCORPORATED HEREIN, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
25. Notices.
All notices, requests, consents, claims, demands, waivers and other communications under these Terms (each, a "Notice", and with the correlative meaning "Notify") must be in writing and addressed to the other party at its address set forth below (or to such other address that the receiving Party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by email (in each case, return receipt requested). A Notice is effective only (a) on receipt by the receiving party; and (b) if the party giving the Notice has complied with the requirements of this Section. Notices will be provided to you to the email associated with your Account. All Notices directed to BassBucks must be sent to legal@bassbucks.com.
26. Assignment.
End User shall not assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under these Terms without the prior written consent of BassBucks.
27. Publicity.
You hereby grant BassBucks a limited license to use and publicize any feedback, reviews, testimonials, and similar commentary, along with your name, to use in internal and external marketing materials.
28. Contact.
If you have any questions regarding these Terms, please contact us at support@bassbucks.com. The help desk will have the ability to create “tickets” for uses the users is having with access to a human for account assistance.
Last Update: March 6, 2025
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