Terms of Service
The following user agreement describes the terms and conditions on which BashPros Inc. offers you access to and use of its mobile application and website, also known as the “BashPros App” and bashpros.com.
Welcome to the End User Agreement (the “Agreement” or “Terms of Service”) for the BashPros App and bashpros.com (collectively, the “BashPros Platform”), an application and website wholly owned and operated by BashPros Inc., a Delaware corporation, whose principal office is located at 520 Broadway Ave., Santa Monica, CA 90401. This Agreement is a legally binding contract made between you, the User (“You,” “Your,” or “Yourself”) and BashPros Inc. (“BashPros,” “We,” “Us” or “Our”).
BashPros is willing to allow you to participate in and use the BashPros Platform only upon the condition that You fully accept and abide by all the terms and other conditions contained in this Agreement, without dispute, offset, or protest. This is not an agreement to allow you to license, sell or own any part of the BashPros Platform but only a permissive use contract. By signing up with or by using the BashPros Platform, You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the terms of this Agreement, You may not use the BashPros Platform for any reason or under any circumstances. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use the BashPros Platform.
The BashPros Platform is a mobile application and/or web based platform that acts as a digital marketplace for customers seeking various services and/or products (“Users”) offered by independent vendors (“Vendors”) through the BashPros Platform for purposes related to event planning and/or event production (“Services”).
In order to obtain or contract for any Services, You must be a registered User of the BashPros Platform and must agree to be bound by the terms and conditions of this Agreement with respect to such Services. We may amend this Agreement at any time by posting the amended terms on the BashPros Platform. If We amend this Agreement in any way or for any reason, You may not use or continue to use the BashPros Platform without accepting such amendment/s. Except as stated below, all amended terms shall automatically be effective after they are posted on the BashPros Platform.
None of the Services offered on, by, or through the BashPros Platform are offered or provided, in any way, shape, or form, by BashPros directly. You acknowledge the BashPros Platform is solely a platform through which You may contract for Services provided by Vendors independent of BashPros, and that BashPros is strictly a broker of such Services. Any decision by a User to accept the Services of any Vendor is a decision made in such User’s sole and absolute discretion. The User expressly acknowledges and agrees BashPros does not have and shall not have any responsibility or liability in connection with any Services purchased, ordered, and/or contracted for by any User through any Vendor using the BashPros Platform.
This paragraph applies to any version of the BashPros Platform that you acquire from the Apple App Store or Google Play Store, and to use of the BashPros Platform on any other internet-capable device. This Agreement is entered into between You and BashPros. Apple, Inc. (“Apple”) and/or Google, Inc. (“Google”) is not a party to this Agreement and shall have no obligations with respect to the BashPros Platform. BashPros, not Apple and/or Google, is solely responsible for the BashPros Platform and the content thereof as set forth hereunder. However, Apple and/or Google and Apple’s and/or Google’s subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Apple and/or Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple and/or Google, for purposes of which, You are the “end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
Modification to the Agreement
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are solely responsible for regularly reviewing this Agreement. Continued use of the BashPros Platform or Services after any such changes shall constitute your irrevocable consent to such changes. If you do not agree to any such changes you may not use or access the BashPros Platform or the Services.
Booking and Deposits. Users may book a Vendor at any time for any date, provided the Vendor is available on such date. Any bookings by a User greater than fourteen (14) days prior to the event date will require a deposit, to be paid, without exception, at the time of booking, of fifty (50%) percent of the contract price. The User is obligated to pay the remainder of the contract price no later than forty eight (48) hours prior to the event date (the “Payment Deadline”). Any failure by the User to pay such remainder prior to the Payment Deadline shall result in the automatic cancellation of the event by the BashPros Platform. Any bookings made fourteen (14) days or fewer prior to the event date shall be paid, without exception, in full at the time of booking.
Refunds. All deposits shall become non-refundable fourteen (14) days prior to the event date, except where a Vendor, for any reason, cancels performance of contracted services. Should a User book a Vendor within fourteen (14) days of the event, any cancellation shall result in forfeiture of fifty (50%) percent of the sum paid, except where a Vendor, for any reason, cancels performance of the contracted services. In the event that a Vendor cancels, the User shall receive a full refund for their event. The foregoing notwithstanding, BashPros reserves the right to adjust upward any sums refunded to a User, in its sole and absolute discretion.
Disputes. We take no responsibility for performance or quality of any of the Services. Vendors are solely responsible for performance and quality of the Services. Users are solely responsible for payment for all Services obtained and contracted for, including any and all applicable overages and additional costs billed to You by Vendors in connection with performance of the Services. You agree that the parties to any dispute arising out of or connected with any transaction through or Services obtained and/or performed through or via the BashPros Platform are privately and independently responsible for resolution of such disputes.
Transaction Fee. For all transactions conducted through the BashPros Platform, BashPros is entitled to receive a fee (“the Transaction Fee”) equal up to 20% of the total value of the Services per transaction including any and all applicable overages and additional costs billed to You by Vendors in connection with performance of the Services.
Promotional Offers. BashPros, at its sole and absolute discretion, may make available promotional offers with different features through the BashPros Platform. These promotional offers are subject to change or cancellation at any time, unless otherwise expressed in writing by BashPros.
Facilitation of Payments. All Charges, as applicable, shall be facilitated through Stripe, BashPros’ third-party payment processing service. In order for you to use Stripe’s payment processing services, you must enter into the Services Agreement (SA) with Stripe and its sponsoring bank. The SA is available at https://stripe.com/us/legal/. By accepting this Agreement, you agree that you have reviewed and agree to be bound by the terms and conditions of the SA. Please note that BashPros is not a party to the SA and that you, Stripe and Stripe’s sponsoring bank are the three parties to the SA and that BashPros has no obligations or liability to you under the SA.
Processor Chargeback Fee. In the event of any chargeback or dispute, You agree to pay a non-refundable base fee of $15.00 plus any other administrative or related fees charged to Us by Stripe for any reason.
Sales and Other Taxes. You are solely responsible for payment of any and all applicable Federal, State, and Local sales taxes as well as other such taxes and fees levied on the Services by applicable jurisdictions.
BashPros maintains an errors and omissions insurance policy of up to $1,000,000 per occurrence and $2,000,000 in the aggregate, annually (the “Policy”). The Policy is limited to coverage for errors and omissions of BashPros with respect to operation of the BashPros Platform only and does not cover potential liability arising from performance of any Services by any Vendor. Vendors are solely liable for insurance coverage pertaining to potential liability arising from performance of Services and have made representations to BashPros that they have obtained and maintained reasonable policies with respect to the Services they offer and perform. BashPros has required all Vendors to demonstrate proof of insurance as a condition of their use of the BashPros Platform, but does not, for any reason or under any circumstances, make any representations as to the quality, suitability, effectiveness, or scope of any policy obtained by any Vendor. BashPros does not procure insurance for, nor is BashPros responsible for, the policy or policies obtained by Vendors in any respect, and Users shall look only to Vendors in cases of potential liability arising from or in connection with performance of any Services. As with any insurance policy, additional terms and requirements, limitations and exclusions apply.
This is an unofficial summary of BashPros’ master insurance policy and may not always be up-to-date. None of the statements contained in this ection should be interpreted as binding or as a complete representation of any specific type, kind or limit of insurance coverage and are provided for Your quick reference only. The representations made in this section are subject to change at any time without notice from BashPros to You.
Any Services available through the BashPros Platform are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, neither use of the BashPros Platform nor any Services are available to any persons under the age of 18 or to Users in violation or breach of this Agreement. By becoming a User, You represent and warrant that You are at least 18 years old. By using the BashPros Platform or the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or BashPros for accessing the Services. You are solely and fully responsible for all activity and purchases made through Your account. BashPros has no control over the use of any User’s account and expressly disclaims any liability derived, relating to, in connection with, or otherwise arising therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You must contact Us immediately.
Term and Termination
This Agreement is effective in order to use the BashPros Platform or any Services offered by it, and is subject to all revisions and amendments to the Agreement as BashPros may, from time to time, post for Your review. You may terminate Your account at any time via the BashPros Platform, subject to fulfillment of any outstanding payments, amounts owed, or other sums due and payable to BashPros or any Vendor for any reason. Should You choose to terminate Your account, We will send you a confirmation of the same via email to the address provided to Us in Your account. We may terminate Your participation in the BashPros Platform by removing Your Information at any time, for any or no reason, without explanation, effective upon sending email notice to You as provided above. Upon such termination, We will remove all of Your information from Our servers. However, We reserve the right to retain an archived copy of records of Your information, as required by law or for legitimate business purposes, and such archived information shall remain confidential except for the limited purposes stated herein. We maintain sole discretion to bar Your use of the BashPros Platform in the future, for any or no reason. his You expressly acknowledge and agree Your obligations under this Agreement shall remain in full force and effect even after Your participation in the BashPros Platform is terminated.
Your Information (as hereafter defined) is any information You provide, publish or display (“post”) to the BashPros Platform or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature (“Your Information”). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to obtain Services from Vendors. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the BashPros Platform, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services without additional prior notice.
Social Media and Networking Sites
As part of the functionality of the BashPros Platform, You may be able to login through online accounts You may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing Your Third Party Account login information through the BashPros Platform; or (ii) allowing BashPros to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third Party Account.
You represent that You are entitled to disclose Your Third Party Account login information to BashPros and/or grant BashPros access to Your Third Party Account (including, but not limited to, for use of the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating BashPros to pay any fees or making BashPros subject to any usage limitations imposed by such third party service providers. By granting BashPros access to any Third Party Accounts, You understand that (i) BashPros may access, make available and store (if applicable) any content that You have provided to and stored in Your Third Party Account (the “SNS Content”) so that it is available on and through the BashPros Platform via Your account, including without limitation any friend, contacts or following/followed lists, and (ii) BashPros may submit and receive additional information to Your Third Party Account as indicated herein.
Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be Your Information and Your Content for purposes of this Agreement. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts may be available on and through the BashPros Platform. Please note that if a Third Party Account or associated service becomes unavailable or the BashPros Platform’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the BashPros Platform. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. BashPros makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and BashPros is not responsible for any SNS Content.
Vendor Representations and Warranties
By using the Service, a Vendor represents, warrants and agrees that:
Vendor and/or each of Vendor’s agents, representatives, and/or employees are at least 18 years of age unless required to be of a greater age pursuant to any applicable rule, regulation, ordinance, statute, or law.
All Vendors are subject to background checks and insurance verifications prior to obtaining access to the BashPros Platform.
All Vendors are properly licensed and possess all applicable permits and other permissions to perform the Services they offer on the BashPros Platform.
Vendor possesses a valid driver’s license and is authorized to operate a motor vehicle in connection with performance of the Services.
Vendor and Vendor’s insurance policy shall be solely responsible for and provide coverage for any and all claims or incidents, which results from or is alleged to result from the performance of any Services by Vendor.
Vendor will obey all local, state, and federal laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
Vendors will not make any representations regarding BashPros, or the BashPros Platform. Vendors may make representations concerning the Services or such Vendor’s status as a Vendor.
Vendor will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation in violation of any State or Federal Law, or State or Federal Constitution.
In addition to what is previously stated and agreed to, You further agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated, to investigate and terminate Your participation in the BashPros Platform if You have misused the BashPros Platform or the Services, or behaved in a way which We, in Our sole discretion, regard as inappropriate or which is unlawful or illegal.
With respect to Your participation on the BashPros Platform or through the Services, You agree that You will not: (a) Impersonate any person or entity; (b) “Stalk” or otherwise harass any other User or any Vendor; (c) Express or imply that any statements You make are endorsed by Us, without Our express prior written consent; (d) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (e) post, distribute or reproduce in any way any copyrighted material (whether belonging to BashPros or any Vendor), trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (f) remove any copyright, trademark or other proprietary rights notice (whether belonging to BashPros or any Vendor) contained in the Service; (g) interfere with or disrupt in any way the Services or the BashPros Platform or the servers or networks connected to the Services or the BashPros Platform; (h) post, email or otherwise transmit any material that contains software viruses, malicious code of any sort, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (j) “frame” or “mirror” any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the BashPros Platform in order to direct any person to any other web site for any purpose; or (k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so.
You further agree that Your Information and Your interactions on the BashPros Platform shall not: (a) be false, inaccurate or misleading (directly or by omission or failure to update information); (b) infringe any third party’s (meaning separate from BashPros or any Vendor) rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (f) include in Your Information any telephone numbers, street addresses, last names, URL’s or e-mail addresses other than where explicitly asked for it in the Your registration and profile section; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;(h) create any other type of liability for Us, whether or not foreseen by use of the Services or the actions of any Vendor in connection therewith; or (i) link directly or indirectly to any other web sites. You further agree that You will not transfer, use, or sell Your BashPros account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions. You expressly acknowledge and agree that any violation or breach of this provision by You, Your agents, representatives, and any other person using or accessing the BashPros Platform on Your behalf, under Your control, or for your benefit shall: (i) entitle BashPros to immediate injunctive relief, cumulative with all other remedies available to BashPros under this Agreement and under applicable law; (ii) entitle BashPros to recovery of all attorney’s fees, costs, and expenses in connection with enforcement of this Agreement and this provision; and (iii) entitle BashPros to punitive damages against You, cumulative with all other damages and amounts sought or claimed by BashPros in any such proceeding.
BashPros owns and retains ownership in the BashPros Platform, and all intellectual property therein. Contingent upon Your compliance with the terms and conditions of this Agreement, BashPros hereby grants to You a personal, limited, non-transferable, non-exclusive, non-assignable, revocable license to participate in and use the BashPros Platform on, without limitation: (a) any Android device that You own or control; (b) any Apple product that You own or control; and/or (c) any other computer or device with which one may access the internet and utilize the BashPros Platform and/or the BashPros website (bashpros.com) and as permitted by the Usage Rules set forth in the respective terms and conditions of the “App Store” corresponding to Your particular device or operating system (the “Usage Rules”).
This agreement does not allow You to use the BashPros Platform on any Android device, Apple Product, or computer or similar device that You do not own or control, and You may not distribute or make the BashPros Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the BashPros Platform under any circumstances or for any reason. You may not copy (except as expressly permitted by this Agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the BashPros Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of BashPros and its licensors, if any, and may subject You to criminal prosecution and civil damages. BashPros further reserves the right to seek injunctive relief in such a scenario. The terms of this Agreement will govern any upgrades provided by BashPros that replace and/or supplement the BashPros Platform, unless such upgrade is accompanied by a separate or new agreement which expressly supersedes this Agreement, in which case the terms of that agreement will govern.
Location data provided by the BashPros Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither BashPros, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.
Any of Your Information, including geolocation data, You upload, provide, or post on the BashPros Platform may be accessible to certain Users of the BashPros Platform. We cannot verify or guarantee the accuracy of the information Users provide Us on the BashPros Platform, and We do not control the information provided by other Users that is made available through Our system. Therefore, BashPros cannot and does not confirm each User’s purported identity. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the BashPros Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the BashPros Platform, You agree to accept such risks and BashPros is not responsible in any way or to any degree for the acts or omissions of users on the BashPros Platform.
BashPros E-mail and Text Communications
E-mail communications and text messages sent from Us or through Us are designed to solely to enhance Your BashPros experience. By becoming a User, You specifically agree to accept and consent to receiving e-mail communications and/or text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential available Vendors, promotions, and any existing or new features added to the BashPros Platform. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We may send. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. BashPros reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, you may opt out via the BashPros Platform or by contacting Us on Our website.
All intellectual property rights on the BashPros Platform and in the Services shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the BashPros Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the BashPros Platform or the Services (“Submissions”), provided by You to Us are non-confidential and shall become the sole property of BashPros. BashPros shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You. You expressly acknowledge and agree that any violation or breach of this provision by You, Your agents, representatives, and any other person using or accessing the BashPros Platform on Your behalf, under Your control, or for your benefit shall: (i) entitle BashPros to immediate injunctive relief, cumulative with all other remedies available to BashPros under this Agreement and under applicable law; (ii) entitle BashPros to recovery of all attorney’s fees, costs, and expenses in connection with enforcement of this Agreement and this provision; and (iii) entitle BashPros to punitive damages against You, cumulative with all other damages and amounts sought or claimed by BashPros in any such proceeding.
You expressly agree to defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including attorneys’ fees) suffered or incurred in connection with, relating to, or arising out of Your use of the BashPros Platform and/or Services, including: (a) Your breach of this Agreement or any of the documents it incorporates by reference; (b) Your violation of any law or the rights of any third party, including, without limitation, Vendors and other Users, as a result of Your own interaction with such third party; (c) the violation of any laws or the rights of any third party, including, without limitation, Vendors and other Users, committed by any of Your guests, invitees, licensees, agents, or representatives; (d) any allegation that any materials or information that You submit to Us infringe upon or otherwise violate any copyright, trademark, trade secret or other intellectual property or other rights of any third party, including, without limitation, any Vendor; (e) Your ownership, use or operation of any venue or physical location where any Services are performed, provided, rendered, or otherwise undertaken by any Vendor or any associated third party, including, without limitation, any subcontractors of any Vendor; (f) any damages or losses incurred with respect to personal items of any Vendor and/or Your guests, invitees, licensees, agents, and representatives; and/or (g) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person and/or any other activities in connection with the Services.
Online Content Disclaimer
Opinions, advice, statements, offers, representations or other information or content made available through the BashPros Platform by Vendors, their respective agents or representatives, or any third parties, but not directly by Us, are those of their respective authors, and such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us, including any Vendor. Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or any content posted on the BashPros Platform by Vendors or their respective agents or representatives regarding Services or otherwise, or transmitted to participants privately by Vendors or their respective agents or representatives in connection with the BashPros Platform or the Services. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the “Content”) that You post in or on any portion of the BashPros Platform. We shall have the right to remove any such material that in Our sole discretion violates, or is alleged to violate, the law or this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users, Vendors, third parties, or others. E-mails which may be sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
The BashPros Platform contains (or You may be sent through the BashPros Platform or the Services) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the BashPros Platform or any Third Party Applications, Software or Content posted on, available through or installed from the BashPros Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the BashPros Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies shall no longer govern in such event. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the BashPros Platform or relating to any applications You use or install from the BashPros Platform.
Online Content Disclaimer
We, Our subsidiaries, officers, directors, employees and our suppliers provide the BashPros Platform and the Services on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the BashPros Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the BashPros Platform or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible for any damage or loss suffered by You in connection with use of the BashPros Platform and/or your use of any Services obtained through the BashPros Platform. We are not responsible or liable in any manner for any Content posted on the BashPros Platform or in connection with any Services, whether posted or caused by Users of the BashPros Platform, by Vendors, or by third parties or by any of the equipment or programming associated with or utilized in the BashPros Platform or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users and Vendors post, transmit or share on the BashPros Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the BashPros Platform or in connection with any Content. BashPros is not responsible for the conduct, whether online or offline, of any user of the BashPros Platform or Services. By using the BashPros Platform You acknowledge that Vendors and their agents or representatives may obtain personal information about You. We expressly disclaim any responsibility for the sharing or use of any personal information that You disclose on the BashPros Platform or in connection with obtaining any Services.
You are solely responsible for Your interactions with other Users and Vendors. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the BashPros Platform. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”). BashPros only offers a venue that enables Users to view Vendor offerings and choose whether or not to engage and ultimately contract for services and goods offered by such Vendors. BashPros does NOT directly offer, perform, or provide any event planning, event production, or other related services or products. We are not involved in the actual planning or execution of any events or related aspects or elements thereof. Accordingly, the User expressly acknowledges that We have applied Our best efforts to determine the quality, reliability, and identity of all Vendors and that We have no control over the quality or outcome of the Services which take place in connection with Your use of the BashPros Platform. We do NOT have any control over the truth or accuracy of the of Vendors’ information listed on the BashPros Platform and cannot guarantee a Vendor’s identity, reliability, licensure/permitting (if applicable), or other representations made by any Vendor.
We reserve the right to change any and all Content, software and other items used or contained in the BashPros Platform and the Services at any time without notice to You. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by BashPros or the BashPros Platform.
The BashPros Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. BashPros assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. BashPros is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or flow of information on account of technical problems or traffic congestion on the internet or through Your internet service provider, on the BashPros Platform, on any web site or any combination thereof, including injury or damage to You or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the BashPros Platform or the Services.
Limitation of Liability
In no event will We, Our subsidiaries, officers, directors, employees, or shareholders be liable to You for any incidental, consequential, direct or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by Our services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with BashPros, the Services or this Agreement (however arising, including any negligence) even if We or Our agents or representatives know or have been advised of the possibility of such damages. We do not screen the Users using the services in any way and make no warranties or guarantees as to the truth, completeness, and accuracy of any and all Vendor representations on the BashPros Platform. As a result, We will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of BashPros or the Services, including, without limitation, to damages arising out of communicating and/or meeting with Vendors in connection with receiving the Services. Such damages include, without limitation, physical damages, bodily injury, death and/or emotional distress and discomfort, as well as any damages arising from or in connection with the particular Services offered by any Vendor or a third party associated therewith. Notwithstanding anything to the contrary contained herein, You expressly acknowledge and agree that our liability, and the liability of Our subsidiaries, officers, directors, employees, shareholders, to You or any third parties in any circumstance is limited to $100. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions or limitations may not apply to You, and You may have additional rights.
BashPros has no responsibility whatsoever for the actions or conduct of Vendors, You, or Your guests, invitees, licensees, agent, or representatives. BashPros has no obligation to intervene in or be involved in any way in disputes that may arise between Vendors, Users, and/or third parties. You hereby expressly agree to accept full responsibility for payment and performance of all Your obligations under these Terms and Conditions, as well as any additional contract or agreement required by any Vendor in connection with the Services, regardless of the outcome of any Services obtained and/or contracted for through the BashPros Platform. It is the User’s sole responsibility to take reasonable precautions in all actions and interactions with any Vendor/s the User may interact or contract with through use of the BashPros Platform.
BashPros may but has no responsibility to screen or otherwise evaluate potential Vendors or Users. You understand and accept that BashPros has no control over the identity or actions of Users and Vendors, and BashPros requests that users exercise caution and good judgment when using the services. Vendors and Users use the BashPros Platform and any Services entirely at their own risk.
In the event that You have a dispute with one or more Users or Vendors, You hereby expressly agree to completely release BashPros (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or Vendors or to Your use of the BashPros Platform or the Services. If You are a California resident, You expressly waive the provisions of California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide You access to the BashPros Platform if: (i) You breach this Agreement or the documents it incorporates by reference; (ii) We are unable to verify or authenticate any information You provide to Us; (iii) We believe that Your actions may cause financial loss or legal liability for You, Us, any other User or any Vendor, or subject BashPros or You or any other User or Vendor to regulation by any federal, state, or local government or regulatory agency; or (iv) if We suspect that You have engaged in fraudulent activity in connection with the BashPros Platform or the Services.
Resolution of Disputes and Legal Claims
You and We expressly agree that any legal disputes or claims between the Parties that cannot be resolved informally will be submitted to binding arbitration in Los Angeles, California. The arbitration shall be conducted by the American Arbitration Association, or, if unavailable with a reasonable time period, any other established alternative dispute resolution provider mutually agreed upon by the parties. The prevailing party in any such arbitration will be entitled to recovery of all reasonable attorney’s fees and costs incurred in connection with the arbitration. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You, related in any way to the BashPros Platform and/or the Services (including Your use of the BashPros Platform and/or the Services), be instituted more than three (3) years after such cause of action arose.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to BashPros’ business, operations and properties (“Confidential Information”) disclosed to You by BashPros for Your own private use or for any purpose other than as contemplated by this Agreement. You shall not disclose or permit disclosure of any Confidential Information to third parties for any reason whatsoever. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of BashPros in order to prevent it from falling into the public domain.
Notwithstanding the above, You shall not have liability to BashPros with regard to wrongful or unintended disclosure of any Confidential Information which You can prove: (i) was in the public domain at the time it was disclosed by BashPros or has entered the public domain through no fault of Yours; (ii) was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; (iii) is disclosed with the prior written approval of BashPros; (iv) becomes known to You, without restriction, from a source other than BashPros without breach of this Agreement by You and otherwise not in violation of BashPros’ rights; or (v) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide immediate notice of such court order or requirement to BashPros to enable BashPros to seek a protective order or otherwise prevent or restrict such disclosure to the extent permitted under applicable law.
There is no agency, or otherwise existing relationship (except that between User and Vendor), created by this Agreement. The User and Vendor are not agents, employees, franchisees, or otherwise representatives, partners, joint venturers, of BashPros, and no such relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to BashPros shall be given by certified mail, postage prepaid and return receipt requested to BashPros Inc., 520 Broadway Ave., Santa Monica, CA 90401, and any notices to You shall be provided to You through the BashPros Platform and/or given to You via the email address You provide to BashPros during registration for use of the BashPros Platform. In such case, notice shall be deemed given three (3) days after the date that the email was sent, and it shall be presumed the email provided is accurate, valid, and accessible by You. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address (which shall be the billing address for any credit card associated with Your account, if no residence is provided) provided to BashPros during registration for use of the BashPros Platform. In such case, notice shall be deemed given three (3) days after the date of mailing. In the event no valid email or mailing address (billing or residential) is provided by You, You agree that any notice required to be given or delivered by BashPros under this Agreement is waived.
To resolve a complaint regarding the Service, You may contact Our Customer Service Department by email at firstname.lastname@example.org.
This Agreement shall be governed by the laws of the State of California without regard to choice of law principles in the event of any Federal jurisdiction. If any provision of this Agreement, or portion thereof, is held to be invalid or unenforceable, such provision, or portion thereof, shall be struck and the remaining provisions shall remain in full force and effect. You agree that this Agreement and all incorporated agreements may be freely assigned by BashPros, in Our sole discretion, in accordance with the “Notices” section of this Agreement. You acknowledge headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Any failure by Us to act with respect to a breach by You or others of this Agreement does not waive Our right to later act with respect to such breach or with respect to subsequent or similar breaches by You or others. Any remedies available to Us, pursuant to any breach of this Agreement by You, are cumulative, to the maximum extent permitted by applicable law. This Agreement sets forth the entire understanding and agreement between the User and BashPros with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement, whether voluntary or involuntary, whether by You or Us.
Data We Collect From You
In order to operate the BashPros Platform and to provide You with information about products or services that may be of interest to You, We may collect “personal information” [i.e. information that could be used to contact You directly (without using the BashPros Platform) such as full name, postal address, phone number, credit/debit card information, or email address] or “demographic information” (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information). We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with BashPros and Your login credentials to Your social network accounts, such as Facebook, LinkedIn, Instagram, and Twitter, if You choose to connect those accounts with your BashPros account. You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories: “non-public information”, which consists of moving transaction information and one-on-one communications between You and other users of the BashPros Platform; and “public information”, which consists of all other demographic information. Please note that nowhere on the BashPros Platform do We knowingly collect, keep or maintain personal information from children under the age of 18, as We require that all users represent to Us that they are at least 18 years old.
How We Use Personal Information
We use Your email address and Your other personal information to help Us efficiently operate the BashPros Platform, to contact You in connection with Your transactions and other activities on the BashPros Platform (including, but not limited to, confirmation emails, or important news that could affect Your relationship with BashPros). We use Your contact information to find and connect with Your friends (when instructed by You). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
We may keep the photos you submit that are the subject of an event for purposes of keeping a transaction history, for insurance purposes, and for obtaining statistical information for use of the Services. However, pursuant to the Terms of Service governing the BashPros Platform, we reserve the right to use any and all media, posts, notes, messages, and other content You upload or otherwise share with Us via the BashPros Platform without compensation to You, without notice to you, and without limit or restriction on how often or how such content may be used by Us.
To operate the BashPros Platform, including processing Your transactions and supporting Your activities on the BashPros Platform, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, receipt or support services, Vendor relationship management services, and order fulfillment. We require these entities not to use Your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered by Vendors or sponsored by third parties on the BashPros Platform, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered by Vendors or sponsored by third parties on the BashPros Platform, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies which are Your sole responsibility to read, understand, and agree to. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.
Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.
How We Use Demographic Data
How to Edit Your Personal Information
BashPros provides You with the ability to access and edit Your personal information. To update Your personal info, click Settings in the BashPros menu. There You can view, update and correct Your account information. So that We can protect the integrity of sensitive data, there are certain pieces of information, such as Your age, that You cannot alter Yourself. Our databases automatically update any personal information You edit in Your profile, or that You request We edit. Information transmitted through boards, chats, polls or through any other means remain in Our databases and become the sole property of BashPros upon submission. You are strongly advised to refrain from entering or sharing personal or sensitive information on public or open boards, chats, polls, or other means of non-secure communication, and hereby expressly agree that BashPros shall have no liability in the event You post personal or sensitive information on any of the aforementioned non-secure communication means.
Special Cases in Which We Share Personal Information
Our Security Precautions
Your BashPros Profile is password-protected so that only You, Your agents and/or representatives, and authorized BashPros employees have access to Your account information. If You have registered for BashPros using any social media platform (i.e., Facebook or LinkedIn), the login credentials (user identification and password) used with that respective social media platform shall apply to your account with the BashPros Platform as well. In order to maintain this protection, do not give Your password to anyone. BashPros staff will never proactively reach out to You and ask for any personal account information, including Your password. To further prevent unauthorized access to your BashPros Account, if You share a computer, You should sign out of Your BashPros account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.
BashPros has security measures in place to protect against the loss, misuse, and alteration of the information under Our control. You expressly acknowledge Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.