Terms Of Use <-- Required Reading Before You Buy/sell Items Here!!

[Glenn]

BassResource Terms of Use for the Fishing Flea Market forum

 

The Flea Market is an exclusive privilege for our established and contributing community members. New members will gain posting privileges once they have demonstrated their commitment to the community through meaningful contributions.

Please note that this forum is provided as a service to our members, and not for businesses or "ebay'rs", that is, the continual buying and selling with the intent of making a buck or two. It's a garage-sale of sorts, and nothing more. If a member has something every once in awhile they want to get rid of, then that's fine. But if somebody is here to buy/sell as a matter of common practice, then no, that is frowned upon.

This is designed to be a "garage sale" and nothing more.  It is for occasional use only (read that "rare") by members.  If you post items for sale more often than that, you could be denied access to the Flea Market permanently.

 

If you are here simply to sell items, or trying to buy/sell items as a second income, running a type of business such as a store (online or offline), eBay or Craiglist items, or anything deemed commercial in nature, or are buying & selling as a matter of common practice - you may be asked to leave. Exception for businesses are given to BassResource.com advertisers only.

 

If you feel this doesn't apply to your enterprise (e.g. you're not a "business", you're non-profit, etc.), you're wrong.  There are no circumstances that exempt you. Do not send an e-mail, PM, or post about it to challenge or question this rule. It is not open to debate.

Users who consistently sell items - especially new items - will be asked to leave.  Anyone who sells here without participating in the forums will be sent packing without warning.

Please note: Be cautious of sellers selling new items. While in the minority, there are people out there who steal/shoplift items and then sell them online. You could inadvertantly contribute to their crime, and could be prosecuted as a result (not by us, but by the authorities). Be advised the Flea Market is designed to be more of a garage sale for existing members, who want to sell or trade items they no longer use. Any transaction outside of that definition must be treated with caution.

In addition to the rules and terms outlined in our FAQ's, privacy policy, and copyright notice, you agree to abide by the following:

1. ACCEPTANCE OF TERMS

BassResource provides the Fishing Flea Market forum (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular BassResource services, you agree to abide by any applicable posted guidelines for all BassResource forums, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with BassResource in any way, your only recourse is to immediately discontinue use of BassResource.com.

BassResource.com has the right, but is not obligated, to strictly enforce the Terms Of Use through self-help, community moderation, active investigation, litigation and prosecution.


2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.


3. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that BassResource.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will BassResource.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

You acknowledge that BassResource.com does not pre-screen or approve posts, but that BassResource.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.


4. THIRD PARTY CONTENT, SITES, AND SERVICES

The BassResource site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of BassResource.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.


You agree that BassResource.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BassResource.com is under no obligation to become involved. As a rule, BassResource.com will not mediate disputes.

In addition, you are prohibited from attacking other members, posting negative reviews about them, airing your disputes, or posting transaction issues on the forums. Such posts will be removed immediately, and appropriate action against the poster will be taken.

Methods for resolving your dispute are outlined in the FAQ's (scroll to the bottom of the page).

In the event that you have a dispute with one or more other users, you hereby release BassResource.com, its moderators, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.



5. CONDUCT

Please note that items offered for sale must include a price. You may add, "negotiable" to your listing, but you must state a price with your offer (i.e. no auctions).


In addition to the rules of conduct posted in our FAQ's, you agree not to post, email, or otherwise make available:

a. any ad that is for a business unless given prior permission by the Administrator;

b. that impersonates any person or entity, including, but not limited to, a BassResource.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

c. that includes personal or identifying information about another person without that person's explicit consent;

d. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

c. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

d. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or commercial advertisements of any kind;

e. that constitutes or contains any form of advertising or solicitation if: posted in areas of the BassResource.com site that are not designated for such purposes; or emailed to BassResource.com members about other services, products or commercial interests' ;

f. that includes links to commercial services or web sites, ;

g. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation firearms, knives and other weapons, or ;

h. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

i. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any purpose;

j. "stalk" or otherwise harass anyone;

k. post the same item or service more than once;


6. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on BassResource.com resources, you may not use a Posting Agent to post Content to the Service. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others.


7. LIMITATIONS ON SERVICE

You acknowledge that BassResource.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that BassResource.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that BassResource.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that BassResource.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


8. TERMINATION OF SERVICE

You agree that BassResource.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if BassResource.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that BassResource.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. The TOU shall survive termination of your account.


9. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE BASSRESOURCE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BASSRESOURCE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BASSRESOURCE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BASSRESOURCE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BASSRESOURCE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BASSRESOURCE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BASSRESOURCE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BASSRESOURCE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BASSRESOURCE SITE OR THE SERVICE.


10. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL BASSRESOURCE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BASSRESOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BASSRESOURCE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BASSRESOURCE SITE OR THE SERVICE, FROM INABILITY TO USE THE BASSRESOURCE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BASSRESOURCE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BASSRESOURCE SITE OR THE SERVICE OR ANY LINKS ON THE BASSRESOURCE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BASSRESOURCE SITE OR THE SERVICE OR ANY LINKS ON THE BASSRESOURCE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.


11. INDEMNITY

You agree to indemnify and hold BassResource.com, its members, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.