Terms of Service

These terms of service (these “Terms”) govern your access to and use of the website (the “Site”) and the mobile application (the “App”) of BASH, The Party Network, LLC (“Bash”) and any content, functionality and services offered on or through the Site or the App (collectively, the “Services”), so please read them carefully before using the Services.

By using the Services, you agree to be bound and abide by these Terms and our [Privacy Policy], which is incorporated herein by reference. You also represent that you are of legal age to form a binding contract with Bash and are not barred under any applicable laws from doing so. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms, in which case the term “you” shall refer to both you and the organization. If you do not meet these requirements, you must not access or use the Services.

Description of Services

Bash is social network mobile application that connects people with like-minded people, entertainment venues and events.

As more fully described on the Site and in the App, Bash offers the following Services:

  • For Managers. The Bash platform allows owners and other authorized managers (“Managers”) of (i) restaurants, hotels, bars, stores, theaters, stadiums and other venues of goods and services (“Venues”) and (b) concerts, movies, parties, social events and other events (“Events”) to provide, edit and correct their Venue and/or Event details in Bash’s database and view analytics about their Venue.
  • For Promoters and DJs. Venue and Event promoters (“Promoters”) and music/DJ performers (“DJs”) can use the Bash platform to build their customer networks and promote events.
  • For Users. Bash users (“Users”) can readily see what Events are taking place and the location of Venues and Events to determine where to spend their time and money. When Users enter a Venue, they will be automatically checked in, which unlocks additional functionality, such as photos and matching.

Bash Network attempts to be as accurate as possible. However, Bash Network does not warrant that the Service is complete, reliable, current or error-free. If you have reason to believe that a VIP table you purchased through the Service does not meet the claims advertised within the Service your sole remedy is to not accept the table and contact Bash Network immediately, and in any case no later than three business days following the date of purchase. Bash Network will make a determination as to the merits of your claim in our sole discretion.

Advertised Prices.

Bash Network makes no guarantee that the prices advertised through the Service represent (i) the lowest price for a VIP table in every area on any particular day or (ii) the published price for a VIP table on another website or publication not affiliated with Bash Network in every area on any particular day.

Honoring Your Payment Commitments.

When you make a purchase via the Service you are representing to us that: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. You are also acknowledging that: (a) the posted prices include the table rate negotiated by Bash Network with nightclub and lounges suppliers plus service fees and taxes, where applicable; (b) Bash Network pays its nightclub and lounge suppliers for the taxes due on the rental of the room but the nightclub and lounge suppliers calculate and remit applicable taxes to the applicable taxing jurisdictions; and (c) Bash Network retains a service fee from the posted price as compensation in servicing your VIP table purchase, regardless of whether you are able to consummate your VIP table service purchase.

Cancellation Policy

All reservations cancelled prior to 24 hours before the reservation date will be; (a) refunded the 10% deposit if “Pay at Venue” was selected; or (b) refunded the full balance if paid in full on the Bash App. Failure to cancel a reservation prior to 24 hours before the reservation date may result in a cancellation fee of 10%.

No-Show Policy

If you are unable to arrive on time to a reservation, you must contact Bash Concierge ASAP to inform them of your late arrival. If you do not arrive and/or you do not contact us 30 minutes after your scheduled arrival time, your reservation will be surrendered and you will be charged a 10% cancellation fee.

Table Overbooking; Agent Fees

If a nightclub or lounge has overbooked and is sold out, it is the nightclub or lounges responsibility to accommodate you with another VIP table. This is our agreement with each venue. We will endeavor to enforce our agreements with nightclubs and lounges, and while we are not responsible to you if the nightclub or lounge does not, for whatever reason, find/create you a VIP table, we ask that you contact us immediately in the event that the nightclub or lounge is unable to find/create you an available table so that we may assist in the process.

Credits.

Bash Network booking credit is not redeemable for cash or cash equivalents, is non-transferable and may not be applied towards prior purchases. Other restrictions may apply. Unless you paid us in full for any booking credits, we reserve the right to rescind any booking credits subject to reasonable notice to you. Sharing your referral code on coupon sites, search engines, or any other public forums is prohibited. Doing so may result in all credit being revoked.

Electronic Communications.

When you use the Service or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.

Any policies, rules and fees posted by Bash on the Site or made available via the App with respect to its Services are hereby incorporated into these Terms.

Changes to these Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.

Registering for and Using the Services

Manager Registration. If you are a Manager, you may “claim” a Venue or an Event by completing a Bash verification process for your Venue or Event on the Bash website and receiving Bash approval. Once approved, a Manager will have access to the Bash website portal and the Manager’s associated Venue or Event will be an “Authorized Venue” or an “Authorized Event,” as applicable.

User Registration. You may register to use the Services using your Facebook or Google Plus account. If you access the Services via Facebook or Google Plus, you authorize us to access and use certain of your Facebook or Google Plus account information, including but not limited to your public profile and information about friends you might share in common with other Bash users.

Promoter Registration. Promoters register for the Services by the same process as Users, except that Promoters must be verified as such by Bash after clicking the “I’m a Promoter” button on the App and select the Venue(s) they are working with.

DJ Registration. DJs register for the Services by the same process as Users, except that they click the “I’m a DJ” button on the App which unlocks additional functionality.

By providing any required registration information about yourself or your organization, you represent and warrant that all such information is accurate, current and complete. You agree that all information you provide to us, whether as part of your registration or through the Services or otherwise, including through the use of any interactive features of the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Bash may, in its sole discretion, refuse to make the Bash platform available to any person or entity and change its eligibility criteria at any time. These Terms are void to the extent prohibited by applicable law and the right to access the Platform is revoked in such jurisdictions.

We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period. You are responsible for (i) making all arrangements necessary for you to have access to the Services (e.g., providing your own equipment and internet connection and paying any internet access fees) and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

If you choose, or are provided with, a user name, password or any other piece of account information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Site, the App, and their entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Bash and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services only for your own personal and (if you are a Manager or Promoter) your organization’s purposes. You are granted a limited, non-transferable, revocable license to use the Services, subject to these Terms and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the App or the Site (other than your User Content as defined below), or reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof, except as follows:

  • The App. You may download a single copy of the App to each of your mobile devices solely for your own personal or business use, provided you agree to be bound by any applicable end user license agreement for such App (including the terms of the applicable app store from which you have downloaded the App).
  • The Site. (i) Your computer may temporarily store copies of Site materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; and (iii) you may print or download one copy of a reasonable number of pages of the Site for your own personal or (if you are a Manager or Promoter) business use and not for further reproduction, publication or distribution.

Other than with respect to your User Content, you must not:

  • Modify copies of any materials from the App or the Site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the App or the Site.
  • Access or use any part of the App or the Site other than for purposes of receiving the Services.

If you wish to make any use of material on the Services other than as set out in this section, please address your request to support@bashnetworks.com.

Except for the above usage rights, no right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Bash. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks

“Bash,” “The Party Network” and the Bash logo are trademarks or pending trademarks of Bash. You must not use these phrases or logo without the prior written permission of Bash. All other names, logos, product and service names, designs and slogans on the App or the Site are the trademarks of their respective owners.

Permitted and Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the App or the Site or interfere with any other party's use of the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Site is stored, or any server, computer or database connected to the Services.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Attempt to bypass methods Bash may use to prevent or restrict access to the Services.
  • Otherwise attempt to interfere with the proper working of the Services.
  • Use the Services for any purpose competitive to Bash or its affiliates, or for the purpose of disparaging the Services.
  • Scrape or copy profiles and information of other Services users through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work) for any purpose whatsoever.
  • Market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from, the Services, for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise.

Reliance on Services Content

The information presented on or through the Services, including any User Content (as defined below), is made available solely for general information and entertainment purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Bash shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Services, including without limitation any information regarding a Venue, an Event or any User. Bash disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Services.

User Content

As a User, Manager, DJ or Promoter, you may be allowed to post, submit, publish, display, or transmit (hereinafter, “post”) various content or materials via the Services, including text, photographs, images, logos, videos and other content. In addition, the Services permit or will permit instant messaging and sharing of images, videos and audio-visual content between Users, and may offer other interactive features from time to time, such as group messaging, contests etc. Any content or materials posted by a User, Manager, DJ or Promoter are referred to in these Terms as “User Content.”

All User Content must comply with the content standards set out in these Terms, including specifically Section 11 below.

Any User Content you post via the Services will be considered non-confidential. Your User Content belongs to you; however, by posting your User Content via the Services, you grant Bash the right to use, reproduce, modify, perform, display, distribute and otherwise disclose your User Content for the purpose of providing and promoting the Services and other Bash services, including but not limited to (i) marketing and advertising materials relating to the Services, (ii) improving the Services and developing other services, (iii) Bash blog postings, social media accounts and trade events, and (iv) communications with potential investors and business partners, provided that no personal information is disclosed.

You represent and warrant that you own or control all rights in and to the User Content and have the right to grant Bash and its affiliates the rights granted herein. You represent and warrant that all of your User Content does and will comply with these Terms, and you agree to defend, indemnify and hold harmless Bash and its affiliates and licensors for any breach of any representation and warranty contained in these Terms.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Bash, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Any content and/or opinions uploaded, expressed, or submitted via the Services, and all articles and responses to questions and other content, other than the content provided by Bash, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Bash. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User, Manager, DJ or Promoter with respect to the Services.

Monitoring and Enforcement

We have the right to:

  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content violates these Terms, including our content standards, infringes any intellectual property right, threatens the personal safety of users of the Services and the public, or could create liability for Bash.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate your Bash registration and/or your access to all or any part of the Services for any violation of these Terms, with immediate effect.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS BASH AND ITS OFFICERS, DIRECTORS AND AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BASH DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BASH OR LAW ENFORCEMENT AUTHORITIES.

However, you understand and agree that we generally do not, and can not review all material before it is posted via the Services nor can we ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Termination

You have the right to terminate your Bash account at any time by going to the “Settings” portion of the App and clicking ‘delete my account.’ Upon termination of your account, your profile (if any) will be removed from the Services, your User Content may be removed from the Services, and your User Content will not be available to you. However, you understand that Bash is not required to remove your User Content, and removed content may persist in backup copies for a reasonable period of time. Bash has no obligation to maintain or provide User Content of a Bash registrant after account termination and may delete all content provided unless legally prohibited from doing so.

Bash can terminate your Bash account with immediate effect for any violation whatsoever of these Terms.

Content Standards

These content standards apply to any and all User Content and interactive services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Create an account, post any content or otherwise use the Service if are not 21 years of age
  • Contain sexually explicit or pornographic material, violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities and/or sales other than as permitted by these Terms, such as contests, sweepstakes, and other sales promotions, barter, advertising or pyramid schemes.
  • Give the impression that they emanate from us, if this is not the case.

Advertisements and Promotions; Third-Party

Bash Network may run advertisements and promotions from third-parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. Bash Network is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Bash Network advertisers or third-party information accessible via the Service.

Copyright Infringement

If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of where the material that you claim is infringing is located on the Services;
  • A description of the copyrighted work that you claim has been infringed upon;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Our Copyright Agent for notice of claims of copyright infringement regarding the Services can be reached by email at copyright@bashnetworks.com. Bash reserves the right to terminate the accounts of repeat offenders.

Linking to the Services and Social Media Features

You may link to the homepage of the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Services.
  • Send e-mails or other communications with certain content, or links to certain content, on the Services.
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites (such as Facebook, Instagram, Twitter or LinkedIn).

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Except through linking mechanisms we provide, link to any part of the Services other than the homepage.
  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links provided by other users or contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to these Services, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy policy for such websites.

  1. Geographic Restrictions

    Bash is a U.S. company and the Services are based in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet, the App or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our App and Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY SITE LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER BASH NOR ANYONE ASSOCIATED WITH BASH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BASH NOR ANYONE ASSOCIATED WITH BASH REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP, SITE OR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

BASH AND ALL PARTIES ASSOCIATED WITH BASH HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Applicable Law and Venue

The Terms and your use of the Service including, but not limited to, the Application will be governed by and construed in accordance with the laws of the State of Florida, applicable to agreements made and to be entirely performed within the State of Florida, without resort to its conflict of law provisions.

The Terms and your use of the Service including, but not limited to, the Application will be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without resort to its conflict of law provisions.

Limitation of Liability

IN NO EVENT WILL BASH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, OR ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Third Party Interaction

Your use of the Application and your contact, interaction, or dealings with any third-parties arising out of your use of the Service is solely at your own risk. You acknowledge and agree that Bash Network is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as the result of the Service. The nightclubs and/or lounges and other suppliers providing accommodations through the Service are independent contractors and not agents or employees of Bash Network. Bash Network is not responsible, and shall not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting there from.

Indemnification

You agree to defend, indemnify, and hold harmless Bash, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms or your use of any information obtained from the Services.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with Florida law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the Services must be litigated exclusively in the federal or state courts of Florida, and both parties consent to venue and personal jurisdiction there.

Waiver and Severability

No waiver of these Terms by Bash shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Bash to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Mobile Application Terms

In using the App, you must comply with all applicable third party terms of agreement (for example, any agreement with a wireless service or wireless data provider). You agree that these Terms and the Privacy Policy are between you and Bash, and that even if you receive access to Bash through Apple, Inc.’s App Store, Google Play or any other source (collectively, the “Distributor”) for use on a mobile device, (i) you agree to comply with such Distributor’s terms and (ii) the Distributor has no liability or responsibility whatsoever to you related to Bash, whether by contract, warranty or otherwise, and you will look only to Bash for any support relating to the Services. You may use the Bash mobile application on a product that you own or control and as permitted by the usage rules set forth by the Distributor. The Distributor is not responsible for addressing any claims of any sort related to Bash, and you must address any claims directly with Bash. The Distributor and its subsidiaries have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

Entire Agreement

These Terms and our Privacy Policy, and, to the extent applicable, the terms for any mobile application or software download, constitute the sole and entire agreement between you and Bash with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Miscellaneous

You may not assign any of your rights in these Terms, and any such attempt is void, but Bash may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Bash and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@bashnetworks.com.

Updated: May 26, 2016