BassGold provides services and content relating to fishing/fish pattern and related data and information. The Service BassGold.com provides shall include, but not be limited to, any service and Content BassGold performs for you, as well as the offering of any materials displayed or performed on or through the Service, including but not limited to text, user comments, messages, information, data, graphics, news articles, editorials, photographs, images, illustrations, software, audio clips and video clips (collectively "Content"). BassGold may alter, suspend or discontinue the Service, including any Content, for any reason, at any time, including the availability of any feature or Content. BassGold may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
You understand and agree that we may send you certain communications, such as BassGold.com service announcements and newsletters, as well as offers of goods and services relevant and beneficial to you or any affinity group of Members that you may join, and that these communications are considered part of our Service.
In order to use the BassGold website, you must be a paid, registered member, including registering with BassGold and selecting a password and screen name ("BassGold User ID").
You shall at all times promptly and fully pay any and all costs, expenses, charges, fees, and/or other sums incurred by or for you under your use of the Service. For the avoidance of doubt you are deemed to have used the Service and have thus incurred such cost(s) and expense(s) to which you are fully liable regardless of whether such use was by a third party with or without your authorization and with or without your knowledge.
You may not select or use as a BassGold User ID a name that is offensive, vulgar or obscene. BassGold reserves the right to refuse registration of, or cancel a BassGold User ID in its sole discretion. When creating your unique account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your BassGold password. You are solely responsible for the activity that occurs on your account; others are expressly forbidden from using your account. You must notify BassGold immediately of any suspected breach of security or unauthorized use of your account. Although BassGold will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of BassGold or others due to such unauthorized use.
By providing BassGold your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you are able to opt out of this, there will be instructions for it on the site. Please note that opting out may prevent you from receiving email messages regarding updates, improvements or offers.
The Service is provided for your personal, noncommercial use only. You may not use the Service for commercial purposes.
You may use the Service if you are under 18 years old, but you must be signed up by someone who is at least 18 years old and only with a parent's permission.
By way of example, and not as a limitation, you agree not to use the Service:
a. To abuse, harass, "stalk," threaten, impersonate or intimidate other BassGold users, or to negatively affect their experience by acting as a "troll;"
b. To contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, invasive of another's privacy (including the posting of private emails or contact information of another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech, or otherwise violates any law or right of any third party (also see Posting Decorum);
c. For any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your use of the Service;
d. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any BassGold user;
e. To impersonate any person (including BassGold.com staff or other Members), or falsely state or otherwise misrepresent your affiliation with any person or company, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
f. To post, promote or otherwise do anything connected directly or indirectly with anything obscene, including but not limited to pornography, child pornography, or photographs of unclothed person(s);
g. To create or submit unwanted email or Content ("Spam") to any other BassGold users or any URL;
h. To violate any law, statute, ordinance or regulation in your jurisdiction (including but not limited to copyright laws);
i. To submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
j. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) introduce 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; (iv) do anything that creates liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (v) bypass any measures we may use to prevent or restrict access to the site;
k. With the intention of artificially altering or participating in any other organized effort that in any way artificially alters the results of BassGold's services;
l. For commercial activity, sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit of BassGold or of a particular Group of Members.
While we prohibit the above conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Service at your own risk.
BassGold may remove any Content or deactivate any BassGold account at any time for any reason – including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content – or for no reason at all.
For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available.
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Service (“User Content”), you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity or privacy. BassGold reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
BassGold takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. BassGold is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that BassGold shall not be liable for any damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other BassGold Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
You agree not to copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for your personal user profile information), or create derivative works from our website to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of BassGold.com or any other third party, except with the prior written consent of BassGold.com or the appropriate third party.
BassGold's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
You acknowledge that BassGold has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Service or Content may have on you; how you may interpret or use the Service and Content; or what actions you may take as a result of having been exposed to the Content. You release BassGold from all liability for you having acquired or not acquired Content or Content-related information through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. BassGold makes no representations concerning any content contained in or accessed through the Service, and BassGold will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
We offer the Service and Content on an “as-is” basis and you agree to bear any and all risks in respect of your use or reliance thereof.
We make no warranty, guarantee or any representation and specifically disclaim any and all liability to the maximum extent permissible by law, in respect of any direct, indirect, derivative, consequential, general or special damages whatsoever incurred by you arising from the use by you of the Service(s).
The aforesaid shall apply, in particular, to the use or the results of any data, reports, or other information generated or derived from the use of the Service by you and specifically in respect of the performance, stability, safety, accuracy, reliability, security, quality, suitability, usefulness, effectiveness completeness, capability, correctness, non-cessation or otherwise of anything rendered to or derived by or for you, under the Service. The foregoing warranties are exclusive and in lieu of all other warranties, express, implied or statutory, including, but not limited to, the implied warranties of merchantability and/or satisfactory quality, fitness for a particular purpose, accuracy, non-infringement and/or system integration.
BassGold does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the BassGold Service or any hyperlinked website or service, or featured in any banner or other advertising, and BassGold will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
We shall further not be liable for any warranty or representation made by any third party in connection with any thing, transaction, product(s) and/or service(s) purchased, sold procured or transacted via the Service. Accordingly, you agree to seek any and all redress directly from any such parties for any products or services howsoever procured via our Service.
You agree that in no event shall BassGold.com be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BassGold.com has been advised of the possibility of such damages), arising out of or in connection with our Service or this Agreement or the inability to use our Service (however arising, including negligence), arising out of or in connection with any transaction with any third party or arising out of or in connection with your use of our Service.
The Service may provide, or third parties may provide, links to other websites or resources. Because BassGold has no control over such sites and resources, you acknowledge and agree that BassGold is not responsible for the availability of such external sites or resources, and does not approve or endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. BassGold does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Users of BassGold assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
In no event shall BassGold, its parents/owners, affiliates or licensors be liable under contract, tort, strict liability, negligence or other legal theory (i) with respect to the site, the service or any content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages in excess of (in the aggregate) $100, even if BassGold has been advised of the possibility of such damage. Under no circumstances will BassGold be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Service is controlled from facilities in the United States. BassGold makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, revise or terminate any Service or Terms, or your status as a Member or your ability to use all or any portion of our Service, at any time without any prior notice to you. Specifically, the circumstances in which we may do the aforesaid include but are not limited to:
You agree that any termination of your account or access to all or any portion of the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Service. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Service. Upon termination of your account, your right to use the Service will immediately cease with no refund, neither total nor partial, of any fee(s) to use the Service.
You represent and warrant that you understand and accept the risks involved in our exercise of this right. Accordingly, you agree that you will not institute any proceedings or seek any form of compensation whatsoever in respect of any loss or damage you feel you may have incurred out of our exercise of this right. You further agree that any sums whensoever and howsoever incurred or paid by you under the Service shall not be refundable.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of BassGold.com's Service, use of the Service, or access to the Service for any sales of goods or services, or promotion of a company, good, or service.
We do not guarantee continuous, uninterrupted or secure access to our Service, and operation of our website may be interfered with by numerous factors outside of our control.
BassGold.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
You and BassGold.com each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Service or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
If any controversy, dispute or claim arises out of or related to your use of the BassGold.com or affiliated websites, or any content posted on or submitted to BassGold.com or affiliated websites, the dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, BassGold.com reserves all rights to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the User Material, breach of your confidentiality obligations, or any other violations hereunder.
Except as otherwise expressly provided, the exclusive venue for all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated in connection with these websites and/or the content or their use is the State of New Jersey, USA. These website terms and the relationship between you and BassGold.com will be governed by the laws of the State of New Jersey, USA, without giving effect to principles of conflict of laws of any jurisdiction. If any part of these website terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these website terms shall continue in effect.
You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by BassGold.com, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of BassGold.com's assets, or similar transaction.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
All contents of the BassGold Web Site are copyright by FishingGold LLC and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Our primary goal in collecting personal information is to provide you with a friendly, customized, and efficient experience. We collect the following types of information from our users:
a) Information You Provide to Us
We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The personal information we collect includes:
Registration: In order for you to use the BassGold Service, you must complete a registration form with certain information required, including your full name and email address. Some of this information, such as your username, will be publicly viewable. Certain other information (like your full name) is kept private (not for public view) unless you choose to have it publicly viewable in your member profile.
b) Automatic Information
We receive and store certain types of non-personally identifiable information whenever you interact with us. BassGold automatically receives and records certain "traffic data" on our server logs from your browser including your IP address, BassGold cookie information, and the page you requested.
Cookies & Log Files
A cookie is an alphanumeric identifier in the form of a tiny data file that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. BassGold cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or email address is.
You may, on your browser, disable or reject cookies, but if so you may not be able to access the BassGold Service. Like the information you enter at registration or in your Profile, cookie and log file data is used to customize your experience on the web site.
One type of cookie, known as a “persistent” cookie, is set once you’ve logged in to your BassGold.com account. The next time you visit the BassGold.com website, the persistent cookie will allow us to recognize you as an existing Member so you will not need to log in before using the service. In order to access or change any of your private information, however, you must log in securely again with your password even if your computer contains your persistent cookie. Additionally, if you log out of BassGold.com you will need to re-enter your password the next time you visit in order to log in to your account. Another type of cookie, called a “session” cookie, is used to identify a particular visit to BassGold.com. Session cookies expire after a short time or when you close your web browser.
Due to the communications standards on the Internet, when you visit BassGold.com we automatically receive the URL of the site from which you came and the site to which you are going when you leave BassGold.com. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your ISP. This information is used to analyze overall trends to help us improve BassGold.com. The linkage between your IP address and your personally identifiable information is never shared with third parties without your permission, except when required by law.
Any sensitive information that you provide will be secured with all industry standard protocols and technology.
We allow ad networks to serve advertisements to BassGold.com users. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. BassGold.com may “target” some ads to Members that fit a certain general profile — for example, “product managers in Texas.” We do NOT use personally identifiable information to target ads.
To deliver these ads properly, we may include a file, called a web beacon, from these ad networks within pages served by BassGold.com so the networks may provide anonymized, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other websites.
Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.
These web beacons may also be used by ad networks to display targeted ads on other websites as a substitute for random, irrelevant ads.
BassGold.com may use the technology of DoubleClick Inc. to serve ads. DoubleClick may use non-personal information, such as your state or zip code, in order to provide advertisements about goods and services that may be of interest to you while you visit BassGold.com. In the course of serving advertisements to BassGold.com, DoubleClick may place or recognize a unique “cookie” on your browser. If you would like more information about this practice and to know your choices about not having this information used by DoubleClick, please go to http://www.doubleclick.com/privacy/index.aspx. Note that when you opt-out of the DoubleClick cookie a special DoubleClick “opt-out” cookie will replace the DoubleClick Ad cookie. If you ever delete the cookies on your browser you will need to again opt-out of the DoubleClick Ad Cookie.
If you opt-out you will lose the potential benefit of receiving ads that are more targeted to your interests.
BassGold may display a counter on any page indicating the total number of times that page has been viewed. This includes member profile pages.
We use the information we gather for these general purposes:
a) To customize the content and advertising you see;
b) To enhance the user experience in our network of sites. We use tracking information to determine how well each page performs overall based on aggregate user demographics and traffic patterns to those pages. This helps us continue to build a better service for you;
c) To fulfill your requests for certain products and services, such as sending out electronic newsletters and enabling you to participate in paid services, polls, contests, and message boards;
d) To send you information you agreed to receive about topics we think will be of interest to you.
BassGold allows other paid users/Members to browse comments that you have written. BassGold may choose to post this information or data on other site features in the future.
Profile information: BassGold may allow other users to browse whatever member profile information you choose to make public.
Syndication: BassGold allows for the RSS syndication of all of its public content within the website.
API: BassGold may allow third parties access to all BassGold data that is already publicly available through BassGold.com through an application program interface that allows other programs to interact with the Site. BassGold will keep passwords and blog settings private.
Traffic data: BassGold uses these traffic data, including information gathered from cookies, to help diagnose problems with our servers, analyze trends, research the market for our services, and administer the website. Information that does not personally identify you as an individual is collected by us from the site (such as, by way of example, patterns of utilization) and is exclusively owned by us. This information can be utilized by us in such manner as we, in our sole discretion, deem appropriate.
Newsletters, Discount Alerts and Other Emails and Text Messages
You may receive updates from us about special offers, new services, and other noteworthy news items. You may always choose to decline to receive these email messages and text messages at any time. Please see our Opt-out policy described below. We will never sell, rent or share your personal information, including your email or phone number with and third parties for marketing purposes without your express permission. We may share your personal information with our service delivery providers for the purpose of delivering our email and text messages to your or as required by law. Our users are given the opportunity to opt-out of emails and text messages to which they have previously opted-in. This does not apply to emails that are automatically generated by the system (registration confirmation emails).
We will not rent nor sell your personal information to anyone, except as described below.
We may provide aggregated data about the usage of our services to third parties for such purposes as we deem, in our sole discretion, to be appropriate. We may segment our users by role (i.e. product managers, vice presidents), industry, geographic location and company
a) You can add or update certain information on pages of the Site. When you update information, we often maintain a copy of the unrevised information in our records, in part from regular site backups. If the Site ever encounters a technical issue requiring that a historical copy of the Site or part of the Site has to be used, your updated data may be lost in which case you would have to update it again. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of your information.
b) You must be at least 18 years or older to register to use the BassGold website. Children under 18 must have parental consent to register, and must be registered by someone who is at least 18 years old. BassGold does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 should provide any personal information to or on BassGold. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 18, please contact us at admin AT BassGold DOT com.
d) You acknowledge that we reserve the right to suspend members or accounts that are inactive for an extended period of time.
When it comes to comments, be civil, embrace The Golden Rule, that's about it. Decent people will do this. For the non-decent, here's more.
2. We reserve the right to move or remove any posting, including comments and/or blog posts, without notice or explanation at our sole discretion. We do not commit to preserving every posting – please bear this in mind if you post. While we sometimes do explain deletions, the number of posts vs. the size of our staff makes it impossible to always do so. Please don't take deletions personally. No one likes to have their posts deleted, but users appreciate a high signal-to-noise ratio.
3. That said, we don't have the resources to review every post on the site. If you see a post that you feel is inappropriate, please send an email with the URL of the post in question to admin AT BassGold DOT com. We also can't promise 100% consistency in administration of comments though we endeavor to do so.
4. BassGold will not accept responsibility for information posted by anyone other than BassGold staff.
© 2013 FishingGold LLC. All rights reserved.