Baskkett

Terms of Service

Last updated: 1/2/2021

Welcome!

Welcome to Baskkett! Baskkett is a neutral, online platform that enables you (“you” or “your”) to purchase, exchange, sell, rent, provide and receive (collectively, “Transact” and “Transactions”) various items and services (“User Items and Services”) with other Baskkett users.

The following terms and conditions (these “Terms”) govern all use of the website located at www.baskkett.com (“Website”) and the “Baskkett” mobile application (“App”) (collectively, the “Services”). The Services are provided to you by Baskkett, Inc. (“Baskkett”, “us”, “we, or “our”). The Services are subject to your acceptance without modification of all of the terms and conditions contained herein. By accessing or using the Services – you agree to these terms and conditions. These Terms includes any policies we post on the Website or in the App.

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at info@baskkett.com

ARBITRATION AND CLASS ACTION WAIVER.

WE HAVE CERTAIN REQUIREMENTS THAT YOU AGREE TO ARBITRATE DISPUTES YOU MAY HAVE WITH US – AND WAIVE RIGHTS TO BRING CLASS ACTION LAWSUITS. PLEASE SEE THE “CHOICE OF LAW; ARBITRATION; CLASS ACTION WAIVER" SECTION BELOW FOR MORE INFORMATION. BY ENTERING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF ENTERING THESE TERMS.

Age Limit.

You represent and warrant that you are at least 18 years of age (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

Modifications to these Terms.

We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Website and/or in the App, by sending you an email, and/or by some other means. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Privacy Policy.

Baskkett takes the privacy of its users seriously. For the current Baskkett privacy policy, please click Privacy Policy.

We have endeavored to make our policy straightforward and clear. That said, if you have any questions about how we treat your personally identifiable information, please email us at the email provided in the policy.

Your Baskkett Account.

To use the Services, you may be required to sign up for an account, and select a password and user name (“Baskkett User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Baskkett User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account. You will only use the Services for your own personal use, and not on behalf of or for the benefit of any third party (other than, with respect to any Transaction, for the benefit of the other Services user that is party to the Transaction with you).

Fees; Refunds.

Fees for Transactions will be as set forth in our Fees Policy. We may change our fees at any time by positing the changes to our Fees Policy (they will be effective for any Transaction entered into after the posting of the changes).

You acknowledge we process transactions using a third-party payment processor. Here hereby consent to our use of a third-party payment processor.

Any Transaction between you and another user is a contract between you and that user (Baskkett is not a party to any such arrangement). Baskkett is not obligated to compensate any user for another user’s failure to pay.

You must have a payment method on file when renting or selling User Items and Services - and pay all fees and applicable taxes associated therewith by the payment due date. You are responsible for ensuring that all details of your payment method are accurate and up-to-date at all times.

In any jurisdiction where we have an obligation to collect sales taxes from you on a Transaction, we may collect such sales taxes from you via the payment method on file or via any other means available to us.

If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, suspend or limit the Services. In addition, you may be subject to any late fees set forth in our Fees Policy. Baskkett, or the collection agencies we engage, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.

We reserve the right to, upon notice or suspicion of any potential fraud or unauthorized charges or other misuse of the Services - place on hold any payment, or refund or provide credits.

Prohibited User Items and Services.

You will not Transact in any Prohibited Items and Services. Please review the foregoing link to see the complete list of items and services you must not purchase, exchange, sell, rent, or otherwise provide or receive via the Services.

Transactions Outside of the Services.

You will not try to circumvent the fees payable to Baskkett hereunder. Therefore, you will not use the Services in any manner that encourages, or results, in other users purchasing or renting your User Items and Services outside of the payment functionality provided in the Services. In addition, you will not purchase or rent any User Items and Services from other users outside of the payment functionality provided in the Services.

Additional Restrictions.

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Baskkett);

(b) Violates any law or regulation, including any applicable export control laws;

(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) Jeopardizes the security of your Baskkett account or anyone else’s (such as allowing someone else to log in to the Services as you);

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

(i) Copies or stores any significant portion of the Content;

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

Your Warranties and Indemnity.

You represent and warrant that: (i) all the User Items and Services you provide via the Services will comply with all laws, regulations and third party rights, (ii) your activities in connection with the Services will comply with all laws, regulations and third party rights, (iii) any services you provide to other users will be performed in a highly professional manner and be free of defects, (iv) any items you provide to other users will be free from defects, (v) your behavior to other users will be courteous and dignified at all times, (vi) you will not lose, damage, deface, or otherwise injure any item(s) provided to you by other users, and (vii) to the extent your provision of User Items and Services requires a license or governmental permit or other authorization, you have secured, and will maintain as required, such license, permit, and other authorization.

To the fullest extent allowed by applicable law, you agree to indemnify and hold Baskkett, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, actions, suits, demands, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), (b) your User Items and Services, (c) your violation of these Terms, or (d) your negligence, misconduct, or other fault. In the event of such a claim, action, suit, or demand (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). We may, in our sole discretion, control all defense and settlement activities.

Content on Baskkett.

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined in the “User Submissions” section below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Baskkett’s) rights.

You understand that Baskkett owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

User Submissions.

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Baskkett a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users)(a “Limited Audience User Submission”), then you grant Baskkett the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Baskkett the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Baskkett users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services. In addition, Baskkett will have an irrevocable right and license to reproduce, display, distribute and use your Public User Submissions for Baskkett’s own business purposes – such as for marketing purposes. For example, if you post a review on the Services, or in the Google or Apple app store, Baskkett may include such reviews (and your user identity) in marketing and promotional materials (such as digital advertisements). Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Baskkett account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Baskkett’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Finally, you understand and agree that Baskkett, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

You acknowledge and we are not liable for any reviews posted by users with respect to your User Items and Services. We have no obligation to remove or edit any reviews.

Changes to the Services; Removal of User Items and Services.

We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to, in our sole discretion, with or without notice, remove any User Items and Services from the Services at any time, for any reason (including, but not limited to, if someone alleges they are in violation of these Terms).

Warranty Disclaimer.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED BY BASKKETT (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. BASKKETT MAKES NO WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU ACKNOWLEDGE AND AGREE THAT BASKKETT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER ITEMS AND SERVICES (WHETHER YOUR OWN, OR AS PROVIDED BY ANY OTHER USERS).

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BASKKETT (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF FORESEEABLE, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF US$5.00, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.

YOU ACKNOWLEDGE AND AGREE THAT BASKKETT IS NOT LIABLE FOR ANY USER ITEMS AND SERVICES (WHETHER YOUR OWN, OR AS PROVIDED BY ANY OTHER USERS).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disputes with Other Users.

You agree that Baskkett is not responsible for any complaints you may have with other Services users. Any Transaction between you and another user is a contract between you and that user (Baskkett is not a party to any such arrangement). The Services are simply a means of helping one user find another user. Baskkett is not a staffing agency, representative, provider, or employer to any users. Because Baskkett is not the agent of either user to any Transaction, Baskkett will not act as an agent to such users in connection with resolving any disputes arising from any Transaction or otherwise. If you have a dispute with another user of the Services (including with respect to your, or their, User Items and Services), you release Baskkett (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you are a California resident, you waive 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/her favor at the time of executing the release, which if known by him/her must have materially affected his settlement with the debtor.”

To the extent Baskkett assists in the resolution of any dispute between any users, such assistance is only a courtesy and, therefore, you acknowledge that Baskkett shall not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).

Apple Terms.

These Terms apply to your use of all the Services, including the iPhone and iPad versions of the App as available via the Apple, Inc. (“Apple”) App Store (the “Apple Application”), but the following additional terms also apply to the Apple Application:

  • Both you and Baskkett acknowledge that the Terms are concluded between you and Baskkett only, and not with Apple, and that Apple is not responsible for the Apple Application or the Content;
  • The Apple Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
  • You will only use the Apple Application in connection with an Apple device that you own or control;
  • You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application;
  • In the event of any failure of the Apple Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Apple Application; You acknowledge and agree that Baskkett, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Apple Application;
  • You acknowledge and agree that, in the event of any third party claim that the Apple Application or your possession and use of the Apple Application infringes that third party’s intellectual property rights, Baskkett, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  • Both you and Baskkett acknowledge and agree that, in your use of the Apple Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  • Both you and Baskkett acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary

Force Majeure.

Baskkett will not be liable for any failure or delay in its performance of Services under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, the acts of other users of the Services, issues with User Items and Services, pandemic, war, strikes or labor disputes, embargoes, government orders or failure of the internet or telephone services.

Assignment.

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Baskkett’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration; Class Action Waiver.

These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. In the event a dispute cannot legally be arbitrated (as decided by the arbitrator), you and Baskkett each irrevocably consent to exclusive jurisdiction and venue in the state or federal courts located in New York, New York.

Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BASKKETT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

General.

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Baskkett agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Baskkett, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You and Baskkett agree there are no third-party beneficiaries intended under these Terms.

Copyright Infringement.

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online serviceproviders, like Baskkett, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. For more information, please review our complete Copyright Dispute Policy.