Privacy Policy
Last Updated February 2016
BASE Intelligence, Inc. (“Base,” “we,” or “us”) respects the privacy rights of our online visitors and
application users. This Privacy Policy explains how Base collects, uses, shares and protects information
about you. This Privacy Policy also describes how you can access and change your information and make
choices about how your information is used.
This Privacy Policy covers both our online, including websites and applications (“Apps”), and offline
activities (“Services”) made available to you. This Privacy Policy also applies to your use of interactive
features or downloads that: (i) we own or control; (ii) are available through the Services; or (iii) interact
with the Services and post or incorporate this Privacy Policy.
BY USING OUR SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU
AGREE TO THE TERMS OF THIS PRIVACY POLICY. Please review this Privacy Policy carefully. If
you do not agree to this Privacy Policy, do not use our Services. You should also review our Terms of
Use, which may apply to your use of our websites and Apps. This Privacy Policy is incorporated by
reference into the Terms of Use. We may update this Privacy Policy to reflect changes to our information
practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy. We
will provide notice of material changes by push notifications to your device or by means of a notice on
the Services prior to the change becoming effective. We encourage you to periodically review this page
for the latest information on our privacy practices.
If you have questions about this Privacy Policy, please contact us at [email protected]
1. How We Collect and Use Information.
Information we collect from you directly:
Registration and Profile Information. When you create an account, we may collect
your personal information such as your username, first and last name, birth date, email
address, mobile phone number and a photo, if you chose to have a photo associated with
your account. We may collect additional information from a parent in order to obtain
verifiable parental consent to allow a child to use our Services.
Data collected through use of the Services. After you set up your account, we may ask
for other profile and demographic information.
Device Phonebook. Base is all about communication so we may, with your consent,
collect contact information from your device.
Camera and Photos. You may elect to allow Base to access images and other
information from your device’s camera and photos. We’ll never access the camera or
photos unless you give us your consent to do so.
Geolocation. We collect your unique user identifier and your location through GPS,
WiFi, or wireless network triangulation in order to obtain your location for the purposes
of providing the Services. We collect the location of your “Bases” to provide other
members of your Base where you are. If you turn off location sharing in your Bases, we
will not share your location information; however, while you are a member of a Base, we
will continue to collect your location information in order to provide the Services. We
maintain location information only so long as is reasonable to provide the Services and
then destroy the location information.
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Messages and User Content. We collect information when you message other members
of your Bases through use of the Services. We may also retain any messages you send to
us. We use this information to operate, maintain, and provide to you the features and
functionality of the Services and to communicate directly with you, such as to send you
alerts on the movements of your Base members. You can control your receipt of email
and text alerts by visiting “Settings” within the App. We may also send you Services-
related emails (e.g., account verification, parental consent notification, order
confirmations, change or updates to features of the Services, technical and security
notices). You may not opt-out of Services-related e-mails.
Information we receive about you from others:
Social Media. When you interact with Base through various social media, such as when you Like
us on Facebook or post a comment to our Facebook page, we may receive information from the
social network such as your profile information, profile picture, gender, user name, user ID
associated with your social media account, age range, language, country, friends list, and any
other information you permit the social network to share with third parties. The data we receive is
dependent upon your privacy settings with the social network. You should always review, and if
necessary, adjust your privacy settings on third-party websites and services before linking or
connecting them to Base’s website or Services.
Information we collect automatically through the use of technology:
When you visit our website or use the Services or our app, we and our business partners may
collect certain information about your computer or device through technology such as cookies,
web beacons, log files, or other tracking or recording tools. The information we collect through
the use of tracking technologies includes, but is not limited to, IP address, browser information,
referring and exit pages and URLs, click stream data and how you interact with links on the
website, App, or Services, domain names, landing pages, page views, cookie data that allows us
to uniquely identify your browser, browsing behavior on our site, mobile device type, mobile
device IDs or other persistent identifiers, and location data collected from your mobile device.
Some or all of this data may be combined with other personally identifying information described
above. We use this information to:
Remember information so that you will not have to re-enter it during your visit or the next
Provide custom, personalized content and information;
Monitor the effectiveness of our Services and our marketing campaigns;
Monitor aggregate metrics such as total number of visitors, users, traffic, and demographic
Diagnose or fix technology problems reported by our users or engineers that are associated
Automatically update our application on your system and related devices.
You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent.
However, some features of the Services may not function properly if the ability to accept cookies
is disabled. To learn more about cookies, clear gifs/web beacons and related technologies, you
may wish to visit the Network Advertising Initiative’s online resources, at
http://www.networkadvertising.org.
2. Sharing of Your Information
time you visit the site or mobile app;
patterns;
with certain IP addresses or user IDs; and
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We will not rent or sell your personal information to third parties outside Base and its controlled
subsidiaries and affiliates without your consent, except as noted below:
we share your information, including name, email, telephone number and location, with others
within your Bases;
we may share your personal information with our third-party business partners, vendors and
consultants who perform services on our behalf, such as accounting, managerial, technical,
marketing or analytic services. These business partners will be given access to your information as
necessary to deliver the Services under reasonable confidentiality terms;
Any information or content that you voluntarily post to the website or to our Facebook page will
automatically be available to the public and we may publicly post your reviews and comments
online on our website or App, or link your reviews to third party websites;
we may aggregate or otherwise strip data of all personally identifying characteristics of our data
and may share that aggregated, anonymized data with third parties;
we may at any time transfer or assign all information, including personal information, to a third
party in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or
similar transactions or proceedings; or
except as described above, we will not disclose personal information to third parties (including law
enforcement, other government entity, or civil litigant; excluding our subcontractors) unless
required to do so by law or subpoena or if in our sole discretion, we determine it is necessary to (a)
conform to the law, comply with legal process, or investigate, prevent, or take action regarding
suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against
liability, to investigate and defend ourselves against any claims or allegations, or to protect the
security or integrity of our website; or (c) to exercise or protect the rights, property, or personal
safety of Base, our users or others.
3. How We Protect Your Information
Base cares about the security of your information and uses reasonable and appropriate physical,
administrative, and technological safeguards to preserve the integrity and security of all information we
collect and that we share with our service providers. However, no security system is impenetrable and we
cannot guarantee the complete security of our systems. In the event that any information under our control
is compromised as a result of a breach of security, we will take reasonable steps to investigate the
situation and where appropriate, notify those individuals whose information may have been compromised
and take other steps, in accordance with any applicable laws and regulations.
4. Your Choices About Your Information
You may, of course, decline to submit any personal information through the Services, in which case Base
may not be able to provide its Services to you.
Modifying Your Account Information and Settings: You may modify your account
information, update or amend your personal information, or change your password at any time by
logging in to your account or making changes to the social media setting you use to login to your
Base account. You can also stop receiving promotional email communications from us by
clicking on the “unsubscribe link” provided in such communications. We make every effort to
promptly process all unsubscribe requests. As noted above, you may not opt out of Services-
related communications. If you have any questions about reviewing or modifying your account
information, you can contact us directly at [email protected].
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Delete Your Account and Personal Information: We will retain your information for as long as
your account is active or as needed to provide you Services. If you wish to cancel your account,
please email [email protected] with “Cancel Account” in the subject line. Simply deleting the App will
not cancel your account.
Opting Out of Collection of Tracking Data: The only way to completely “opt out” of the
collection of any information through cookies or other tracking technology is to actively manage
the settings on your browser. Please refer to your browser’s technical information for instructions
on how to delete and disable cookies, and other tracking and recording tools. (To learn more
about cookies, clear gifs/web beacons and related technologies, you may wish to visit the
Network Advertising Initiative’s online resources, at http://www.networkadvertising.org.)
Depending on your mobile device, you may not be able to control tracking technologies through
browser settings but you can uninstall the App if you no longer wish to participate in our
Services.
5. Children’s Privacy
Base does not condition a child’s participation in any Services on the disclosure of more information than
is reasonably necessary to participate in the activity.
Neither Base nor the service providers who provide support for the internal operations of the Services
collect personal contact information (e.g., full name, email address, home address, or phone number) or
any geolocation information from children under the age of 13. Base and its service providers may collect
information that is reasonably necessary to support the internal operations of the Services. In the event
that we have knowledge that a child under the age of 13 has submitted any personal information to us via
the Services, we may use the email address provided by the child for the sole purpose of responding to the
child’s question or carrying out his or her request on a one-time-only basis. We will not use the email
address provided by the child for any other purpose, and we will delete it from our records once the
question has been answered or the request has been fulfilled. If we become aware that we have
unknowingly collected personal contact information other than an email address from a child under the
age of 13, we will delete the information immediately. Features on the Services that are open to non-
registered users collect only non-personal information. Base may provide non-registered users and
registered users with the opportunity to send a link to material on the Services to friends and family
electronically. To do so, Base may ask for the sender’s first name, recipient’s first name, and recipient’s
email address. Recipient email addresses are used only to send the electronic materials to complete the
sender’s request, and are deleted after the request is fulfilled.
In the event that you believe we have inadvertently collected personal information from your child, you
can review such personal information collected from your child through the Services, have such
information deleted, and refuse to allow further collection or use of such information. Parents can agree to
the collection of personal information from their child and the use of such information without agreeing to
the disclosure of such information to third parties. Parents generally have a right to opt out of having
personal information collected from their child disclosed to third parties. In the event that you believe we
have collected personal information from your child, please contact us at [email protected] and a Base
representative will guide you through the necessary procedures.
6. Links to Other Web Sites and Services
We are not responsible for the practices employed by websites or services linked to or from the Services,
nor the information or content contained therein. Please remember that when you use a link to go from the
Services to another website, our Privacy Policy does not apply to third-party websites or services. Your
browsing and interaction on any third-party website or service, including those that have a link on our
website, are subject to that third party’s own rules and policies. Please read over those rules and policies
before proceeding.
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7. Your California Privacy Rights
Base collects various types of personal information about you both online and offline, as described in this
privacy policy. Under California law, Base customers who are residents of California may request certain
information about our disclosure of personal information during the prior calendar year to third parties for
their direct marketing purposes. To make such a request, please write to us at the following address:
BASE Intelligence, Inc.
P.O. Box 1823
Austin, TX 78767
Alternatively, you may send us an email at [email protected] with the words “California Privacy Rights” in the
subject line.
Base does not track its customers over time and across third party websites to provide targeted advertising
and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep
track of your browsing activities when they serve you content, which enables them to tailor what they
present to you. If you are visiting such sites, your browser may allow you to set the DNT signal on your
browser so that third parties (particularly advertisers) know you do not want to be tracked.
Base offers interactive services which allow you to post content to share publicly. At any time you can
delete or remove content you have posted using the deletion or removal options within our services. If
you have questions about how to remove content in a specific service or if you would like additional
assistance with deletion you can contact support. Although we offer deletion capability for our services,
you should be aware that the removal of content may not ensure complete or comprehensive removal of
that content or information posted through the services.
8. How to Contact Us
If you have any questions about this Privacy Policy or the Services, please contact us at [email protected]
Terms of Use
Last Updated February 2016
Welcome to BASE. The www.ba.se website (“Site”) and software application (“App”) (collectively, the
“Services”) are comprised of various web and software application pages operated by BASE Intelligence,
Inc. (“BASE”). BASE is offered to you conditioned on your acceptance, without modification, of the
terms and conditions herein (the “Terms”).
The Services provide users an online space to share location and other personally identifiable information
with other designated users.
Whether you are a visitor or registered user (visitors and registered users, collectively, “users” or “you”),
by using the Services in any manner, including but not limited to visiting or browsing the Services, you
agree to be bound by this Agreement, including those additional terms and conditions and policies
referenced herein or available by hyperlink. This Agreement applies to all users of the Services.
Users who are under 18 years old may not use the areas of the Services directed only to registered
users. Users who are under 18 years old may use the areas of the Services provided a parent or
legal guardian consents to such user’s use of the Services. If you are the parent or legal guardian of
a user of the Services who is under 18 years old, you consent to such user’s use of the Services,
assume the obligations provided in this Agreement, and assume full responsibility for such user’s
use of the Services.
If you have any questions, please contact us at [email protected].
1. Membership Eligibility
Services are available only to, and may only be used by, individuals who are 18 years and older who can
form legally binding contracts under applicable law. You represent and warrant that you are at least 18
years old and that all registration information you submit is accurate and truthful. BASE may, in its sole
discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility
criteria at any time. This provision is void where prohibited by law and the right to access the Services is
revoked in those jurisdictions.
Individuals under the age of 18 must at all times use the Services only in conjunction with and under the
supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user
and is responsible for any and all activities.
You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you
must abide by BASE’s policies as stated in these Terms and BASE’s Privacy Policy, as well as all other
operating rules, policies and procedures that may be published from time to time on the Services by
BASE, each of which is incorporated herein by reference and each of which may be updated by BASE
from time to time without notice to you.
In addition, some services offered by BASE may be subject to additional terms and conditions issued by
BASE or a third party; your use of those services is subject to the additional terms and conditions, which
are incorporated into this Agreement by this reference.
In the event that BASE gives you the option to include a username and password for login purposes, it is
your responsibility to keep your password secure. You are fully responsible for all activity, liability and
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damage resulting from your failure to keep your password confidential. You agree to immediately notify
BASE of any unauthorized use of your password or any breach of security. You also agree that BASE
cannot and will not be liable for any loss or damage arising from your failure to keep your password
secure. You agree not to provide your username and password information in combination to any other
party other than BASE without BASE’s express written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email
address.
Services are not available to temporarily or permanently banned users. BASE reserves the right, in
BASE’s sole discretion, to cancel unconfirmed or inactive accounts. BASE reserves the right to refuse
service to anyone, for any reason, at any time.
2. Use of the App
In addition to this Agreement, Your use of the App is subject to the following additional terms (the “App
Terms”): You understand and agree that (i) Your use of an App is conditioned upon your acceptance of
these App Terms; (ii) the App contains copyrighted material, trade secrets, and other proprietary materials
of BASE and its licensors; and (iii) in order to protect those proprietary materials, except as expressly
permitted by applicable law, neither you nor a third party acting on your behalf will: (a) decompile,
disassemble or reverse engineer the App; (b) modify or create derivative works of the App; (c) use the
App in any manner to provide service bureau, commercial time-sharing or other computer services to
third parties; (d) transmit the App or provide its functionality, in whole or in part, over the Internet or
other network (except as expressly permitted herein); (e) sell, distribute, rent, lease, sublicense or
otherwise transfer the App to a third party; or (f) use components of the App to run applications not
running on the App.
You hereby agree that you will: (i) only use the App to access and use the Services; (ii) not use any
software or services in conjunction with the Services; (iii) not authorize any third party to access or use
the Services on your behalf using any automated process such as a BOT, a spider or periodic caching of
information stored by the Service on your behalf; (iv) not use any software or hardware that reduces the
number of users directly accessing or using the Services (sometimes called ‘multiplexing’ or ‘pooling’
software or hardware); (v) not lend, lease, rent or sublicense the Services; (vi) permit us to send and
deliver updates to you as part of your use of the App; and (vii) allow the App to automatically download
and install updates from time to time, which are designed to improve, enhance and further develop the
App and may take the form of bug fixes, enhanced functions, new software modules and completely new
versions.
You understand and agree that the Service (including any updates or upgrades) may (i) cause your
device to automatically communicate with our servers (to deliver Services functionality and to
record usage data and metrics), (ii) access or affect Services-related preferences or data stored on
your device, (iii) collect personal information as described in our Privacy Policy, and (iv) use the
data plan or Wi-Fi services associated with your device to communicate with our servers and to
update or upgrade our Services.
You may only access the Services using authorized means. It is your responsibility to check to ensure you
download the correct App for your device. BASE is not liable if you do not have a compatible device or if
you have downloaded the wrong version of the App. BASE reserves the right to terminate these Terms
and the App Terms should you use the Services with an unauthorized device.
3. Materials provided to or posted on BASE
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BASE does not claim ownership of the materials you provide to BASE or post, upload, input, share or
through the Services or deliver to BASE (collectively “Submissions”). You hereby grant to BASE a
worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display,
reproduce, modify, adapt, edit, publish, create derivative works from, publicly perform, broadcast,
distribute, syndicate, promote, exhibit, and publicly display that content in any form and in any and all
media or distribution methods (now known or later developed). We will use this license for the limited
purpose of operating, developing, providing, promoting, and improving the Services; researching and
developing new ones; and making content submitted through the Services available to our business
partners for syndication, broadcast, distribution, or publication outside the Services. Some Services offer
you tools to control who can—and cannot—see your content under this license.
No compensation will be paid with respect to the use of your Submissions. BASE is under no obligation
to post or use any Submission you may provide and may remove any Submission at any time for any
reason.
By posting, uploading, inputting, providing or submitting Submissions you warrant that you own or
otherwise control all of the necessary rights to your Submissions. You are solely responsible for your
Submissions.
4. Sharing of Location Information
The Services enables the sharing of location information with other users designated by you. The location
information may not be displayed correctly depending on the network status, the type of communication
device or other reasons. You are responsible for supplying the necessary equipment, power and Internet
connection required for using the Services. Your name and icon image supplied to the Services will be
viewable to other users designated by you.
BASE allows users to invite other users to join a BASE (“Invitations”). You may only send other users
an Invitation if you have a personal or family relationship with them. For the purposes of this Agreement,
“personal relationship” means that you have had direct, voluntary, two-way communications with the
other person, and a reasonable person would conclude that you have a personal relationship taking into
consideration relevant factors (i.e. sharing of interests, experiences, opinions and information evidenced
in the communications, frequency of communication, whether you have met the other user in person).
Also for the purposes of this Agreement, “family relationship” means you are related to each other
through marriage, common-law partnership, or any legal parent-child relationship in which the
individuals have had direct, voluntary, two-way communication.
Within the Services, you may create a new “BASE” and send an Invitation to other users. The decision of
whether or not to join your BASE will be made by the users who receive the Invitation. If the Invitation
recipient does not join your BASE, they are not permitted not browse your location information. You may
turn your location sharing on or off at any time.
Your location information will be shared among all member of your BASE as long as you are a member
of the BASE. You may cancel your membership of a BASE at any time.
You have the option of making your BASE available for a designated time period. If you elect this option,
your BASE will commence as of the designated begin time and expire as of the expiration time. Prior to
the time designated by you to begin sharing and after the expiration time of the BASE, your location
information will not be shared with users of that BASE.
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Any member of a BASE may issue Invitations to additional users; set their beginning sharing time; or
modify whether they are sharing their location. BASE will send you a notification when a new user has
joined a BASE of which you are a member, unless you disable notifications.
While belonging to a BASE, the Service will send your location information in the background even after
closing the App, unless you alter your location information sharing preferences on your device.
5. Promoted Bases
Advertisers or BASE may use the Services to create promoted Bases (“Promoted Bases”). Promoted
Bases enable advertisers or BASE to send promotional and other messages and content (including links to
promotional offers and other information) to any user who has elected to communicate with the advertiser
or BASE through Promoted Bases. Advertisers or BASE may also send invitations to users who have
been invited to a Promoted Base by another user, but further messages from the Promoted Bases cannot
be sent to such user until the user has expressly opted-in to the Promoted Base. You agree to receive
invitations for Promoted Bases. If a user opts-in to Promoted Bases, the operator of that Promoted Base is
automatically added to the user’s friend list within the Services. You may unsubscribe from Promoted
Bases at any time by following the instructions on the Site or in the App to block messages from a
Promoted Base’s user profile. We do not approve, endorse or make any representations or warranties with
respect to any advertiser’s Promoted Base.
6. Your Account
You may cancel your BASE account at any time by contacting us via email at [email protected] with “Cancel
Account” in the subject line. Deleting the App from your device will not cancel your BASE account.
If your BASE account is inactive for one year, BASE reserves the right, but does not have the obligation,
to cancel your account.
To the extent BASE accesses data from your device’s address book through Apple’s or Android’s address
book API, as applicable, you provide your consent for BASE to access such data.
Before BASE sends you any push notifications to your device, BASE will obtain your consent to receive
push notifications. If you deny or later withdraw your consent, we will not send you push notifications.
7. Prohibited, Questionable and Infringing Activities
You are solely responsible for your conduct and activities on and regarding to the Services and any and
all information that you submit, post, upload, and display on the Services. Users who violate these Terms,
including any users who violate this Section 7, may have their Submissions blocked, filtered or deleted
and their account suspended or terminated.
Your use of BASE will not:
be false, inaccurate or misleading;
infringe upon any third-party’s intellectual property rights or rights of publicity or privacy (see
our DMCA Copyright Policy);
violate this Agreement, any website policy or community guidelines, or any applicable law,
statute, ordinance or regulation;
be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate
any person (including BASE staff or other users), or falsely state or otherwise misrepresent your
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affiliation with any person, through for example, the use of similar email address, nicknames, or
creation of false account(s) or any other method or device;
take any action that may undermine online reviews or feedback;
be obscene or contain child pornography; and
contain or transmit any code of a destructive nature that may damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data or personal information.
THERE IS NO TOLERANCE FOR THIS TYPE OF USE. PLEASE DON'T USE THE SERVICES
FOR THESE PURPOSES, AND FLAG ANYONE ELSE YOU SEE DOING SO.
8. License Grant & Restrictions
BASE hereby grants you a nonexclusive, non-transferable, right to use the Services, solely for your own
personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not
expressly granted to you are reserved by BASE and its licensors.
You will not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially
exploit or make available to any third party the Services in any way; (ii) modify or make derivative works
Based upon the Services; (iii) create Internet “links” to the Services; (iv) reverse engineer the Services;
(v) access the Services in order to (a) build a competitive product or service, (b) build a product using
similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or
graphics of the Services, or (vi) launch an automated program or script, including, but not limited to, web
spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which
may make multiple server requests per second, or unduly burdens or hinders the operation or performance
of the Services.
9. Payment Terms
Any fees which BASE may charge you for the Services are due in accordance with the payment plan you
selected and are non-refundable. This no refund policy will apply at all times regardless of your decision
to terminate your usage, BASE’s decision to terminate your usage, disruption caused to our Services
either planned, accidental or intentional, or any reason whatsoever. BASE reserves the right to determine
final prevailing pricing - Please note the pricing information published on the website may not reflect the
prevailing pricing.
BASE may, at its sole discretion, make promotional offers with different features and different rates to
any of our customers. These promotional offers, unless made to you, will have no bearing whatsoever on
your offer or contract. BASE may change the fees for our Services as BASE deems necessary for our
business. BASE encourages you to check back at our Site periodically if you are interested about how
BASE charges for the Services.
We may, from time to time, offer certain products or services that users may purchase and use within the
App (the “In-App Products ”). We reserve the right to revise the pricing for In-App Products at any time
without notice to you, and you agree that all sales of In-App Products are final and we are not required to
provide a refund for any reason, including termination of this Agreement or your BASE account, which
will result in you being unable to continue to use your purchased In-App Products.
10. Intellectual Property Ownership
BASE alone (and its licensors, where applicable) will own all right, title and interest, including all related
intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to
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you any rights of ownership in or related to the Services, or any intellectual property rights owned by
BASE. BASE name, BASE logo, and the product names associated with the Services are trademarks of
BASE or third parties, and no right or license is granted to use them.
11. Personal Information
As part of using the Services, you may obtain personal information, including email addresses, from other
users. Without obtaining prior permission from the user, this personal information will only be used for
Services-related communications. BASE has not granted you a license to use the information for
unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without
express consent from the user, you are not licensed to add any BASE user to your email or physical mail
list. For more information, see BASE’s Privacy Policy.
12. Feedback
BASE considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users
via the Services (“Feedback”) to be non-confidential and non-proprietary, and BASE will not be liable for
the disclosure or use of any Feedback. If, at BASE’s request, any user sends Feedback to improve the
Services, BASE will also consider that Feedback to be non-confidential and non-proprietary and BASE
will not be liable for use or disclosure of the Feedback. Any communication by you to BASE is subject to
this Agreement. You hereby grant and agree to grant BASE, under all of your rights in the Feedback, a
worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable
right and license to incorporate, use, publish and exploit Feedback for any purpose, commercial or
otherwise, without compensation or accounting to you and without further recourse by you.
13. Information Control
BASE does not control the information provided by users. You may find some information provided by
users to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage
persons or people acting under false pretense. By using the Services, you agree to accept these risks and
that BASE (and BASE’s officers, directors, agents, subsidiaries, joint ventures and employees) is not
responsible for any and all acts or omissions of users of the Services.
BASE is not responsible for the availability of outside websites or resources linked to or referenced on the
Services. BASE does not endorse and is not responsible or liable for any content, advertising, products, or
other materials on or available from these websites or resources. You agree that BASE will not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the use of or reliance on any content, goods or services available on or through any other
websites or resources.
BASE has no obligation to monitor your activity or the activities of other users. However, BASE reserves
the right to review materials posted to the Services and to remove any materials in its sole discretion.
BASE reserves the right to terminate your access to any or all of the Services at any time without notice
for any reason whatsoever.
You agree BASE may moderate Services access and use in our sole discretion, whether by blocking,
filtering, deletion, delay, omission, verification, or access, license or account termination. You agree (i)
not to bypass said moderation, (ii) BASE is not liable for moderating, not moderating, or representations
as to moderating, and (iii) nothing BASE does waives our right to moderate, or not.
14. Access and Interference
DAL:929912.2
BASE may contain robot exclusion headers which contain internal rules for software usage. Much of the
information on BASE is updated on a real-time basis and is proprietary or is licensed to BASE by users or
third-parties. You agree that you will not use any robot, spider, scraper or other automated means to
access the Services for any purpose whatsoever, except to the extent expressly permitted in writing by
BASE. Additionally, you agree that you will not:
take any action that imposes, or may impose, in BASE’s sole discretion, an unreasonable or
disproportionately large load on BASE’s infrastructure;
copy, reproduce, modify, create derivative works from, distribute or publicly display any user
information (except your own);
interfere or attempt to interfere with the proper working of the Services or any activities
conducted on the Services; or
bypass BASE’s robot exclusion headers or other measures BASE may use to prevent or restrict
access to the Services.
15. Open Source Licenses and Third Party Data.
Certain portions of the Services contain source code subject to the terms of public, free and open source
licenses (the “Open Source Software”) and may incorporate data obtained from third-party dataBASEs or
software (“Third Party Software”). The license terms to the Open Source Software are included in the
App documentation or are otherwise made available by BASE on the Site. To the extent these Terms
differ from the license terms of the Open Source Software, these terms are offered by BASE alone and
not by any other party. These Terms do not replace or alter your rights or obligations under the license
terms of the Open Source Software.
Third Party Software is made available to you solely in connection with your use of the Services and may
not be used for any other purpose. We are not responsible for and do not control any third party web
pages, the content contained on third party web pages and links to third party web pages accessible
through or on the Services or Promoted BASEs (“Third Party Sites and Products”). We are not
responsible for any information you provide to a third party through your use of the Services or Promoted
BASEs. To the extent that we make available or enable access to these Third Party Sites and Products or
share information with them at your request, it does so only as a convenience to you. We have no
obligation to review or monitor, and do not approve, endorse, or make any representations or warranties
with respect to Third Party Sites and Products. You agree that by using the Services, including to search
for, or to enter a particular URL to access, information and content available through the Internet, you
may be exposed to Third Party Sites and Products that you may find offensive, indecent or objectionable.
You agree that all Third Party Sites and Products are the sole responsibility of the applicable third party
from which such Third Party Sites and Products originated, and that your use of the Services to access
Third Party Sites and Products at your own risk. You should be aware that when you access Third Party
Sites and Products, title and intellectual property rights in and to such Third Party Sites and Products
belong to third parties and may be protected by copyright or other intellectual property laws and treaties,
and you may be subject to terms of use and privacy policies of the applicable third party. You should
make whatever investigation you feel necessary or appropriate before proceeding with any Third Party
Sites and Products. This includes making your own assessment about whether privacy features such as
“block” or “ignore” are made available through Third Party Sites and Products.
You hereby irrevocably and unconditionally release and forever discharge BASE (and its suppliers) from
any and all claims, demands, and rights of action, whether now known or unknown, which relate to any
interactions with, or act or omission of, any Third Party Sites and Products or other users of the Services.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE
SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL
DAL:929912.2
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.”
16. Breach
Without limiting any other remedies, BASE may, without notice, remove any user posting, warn BASE’s
community of a user’s actions, issue a warning to a user, temporarily suspend or terminate a user’s
account, prohibit access to the Services, and take technical and legal steps to keep a user from accessing
or using the Services and refuse to provide the Services to a user if BASE (1) suspects a user has breached
this Agreement or the Privacy Policy, (2) is unable to verify or authenticate any of your personal
information, or (3) reasonably believes that a user’s actions may cause legal liability or financial loss to
users or to BASE.
17. Privacy
Except as provided in the Privacy Policy, BASE will not sell or disclose your personal information to
third parties without your express consent. BASE stores and processes information on servers hosted by
Amazon Web Services that are protected by physical as well as technological security.
18. No Warranty
BASE, BASE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND BASE’S
SUPPLIERS PROVIDE THE SERVICES “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BASE, BASE’S
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND BASE’S SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN
ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM
BASE WILL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER
OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
19. Limitation of Liability
IN NO EVENT WILL BASE, OR BASE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES
OR BASE’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT,
INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL,
ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN
CONNECTION WITH THE USE OF THE SERVICES, OR THIS AGREEMENT, INCLUDING
WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
BASE’S LIABILITY, AND THE LIABILITY OF BASE’S SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE
IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BASE IN THE 12
MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
DAL:929912.2
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
20. Indemnity
You agree to indemnify and hold BASE and BASE’s parent, subsidiaries, affiliates, officers, directors,
agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third
party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a
third party.
21. No Guarantee
BASE does not guarantee continuous, uninterrupted access to the Services, and operation of the Services
may be interfered with by numerous factors outside BASE’s control.
22. Dispute Resolution and Release
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the
breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively,
“Disputes”) will be settled by binding arbitration between you and BASE, except that each party retains
the right to bring an individual action in small claims court and the right to seek injunctive or other
equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or
misappropriation of a party’s intellectual property rights. You acknowledge and agree that you and BASE
are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class
action or representative proceeding. Further, unless both you and BASE otherwise agree in writing, the
arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any
form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the
entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding
sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance
with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related
Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The
Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for
Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney
licensed to practice law in the state of Texas and will be selected by the parties from the AAA’s roster of
consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven days of
delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the
AAA Rules.
Unless you and BASE otherwise agree, the arbitration will be conducted in the county where you reside.
If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of
documents you and BASE submit to the arbitrator, unless you request a hearing or the arbitrator
determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be
determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct
a reasonable exchange of information by the parties, consistent with the expedited nature of the
arbitration.
DAL:929912.2
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s
decision will include the essential findings and conclusions upon which the arbitrator based the award.
Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The
arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section
below as to the types and the amounts of damages for which a party may be held liable. The arbitrator
may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary
to provide relief warranted by the claimant’s individual claim.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in
the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if BASE changes this
“Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent
changes to this Agreement), you may reject these changes by providing us written notice of your rejection
by mail or hand delivery to: BASE Intelligence, Inc., P.O. Box 1823, Austin, TX 78767, or by email from
the email address associated with your Account to [email protected], within 30 days of the date the change
became effective, as indicated in the “Last update” date above. In order to be effective, the notice must
include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution”
section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and
BASE in accordance with the provisions of this “Dispute Resolution” section as of the date you first
accepted this Agreement (or accepted any subsequent changes to this Agreement).You release BASE (and
BASE’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims,
demands and damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with
disputes with one or more users, or an outside party.
23. Miscellaneous
If any provision of this Agreement is held unenforceable, then the provision will be modified to reflect the
parties’ intention. All remaining provisions of this Agreement will remain in full force and effect. You
and BASE are independent contractors, and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement. BASE reserves the right to
modify or terminate the Services for any reason, without notice, at any time. This Agreement will be
governed by and construed in accordance with the laws of the State of Texas, including its conflicts of
law rules. You agree that any dispute arising from or relating to the subject matter of this Agreement will
be governed by the exclusive jurisdiction and venue of the state and Federal courts of Travis County,
Texas. Unless otherwise specified herein, all notices will be in writing and will be deemed to have been
duly given when received, if personally delivered or sent by certified or registered mail, return receipt
requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after
it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should
be sent to [email protected]. All provisions of this Agreement which by their nature should survive termination
will survive termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
BASE reserves the right to alter this Agreement and any other policies at any time, so please review the
policies frequently. If BASE makes a material change BASE will notify you here, by email, by means of
a notice on our home page, or other places BASE deems appropriate. What constitutes a “material
change” will be determined at BASE’s sole discretion, in good faith, and using common sense and
reasonable judgment.
BASE COPYRIGHT COMPLAINT POLICY
NOTIFICATION OF COPYRIGHT INFRINGEMENT:
BASE Intelligence, Inc. (“Company”) respects the intellectual property rights of others and expects its users to do the same.
It is Company’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who
repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office
website, Company will respond expeditiously to claims of copyright infringement committed using the Company website or other
online network accessible through a mobile device or other type of device (the “Sites”) that are reported to Company’s Designated
Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright,
please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of
Alleged Infringement and delivering it to Company’s Designated Copyright Agent. Upon receipt of the Notice as described below,
Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the
Sites.
DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice -
you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if
applicable, the URL of the link shown on the Site(s) where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright
owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to
act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Company’s Designated Copyright Agent:
Copyright Agent
c/o BASE Intelligence, Inc.
P.O. Box 1823
Austin, TX 78767
