Thank you for visiting the Basecamp Productions World Wide Web site (the "Site"). Access to this Site, the home page of which (the "Home Page") is located at http://live.larrythecableguy.com is offered to you, the individual user, by Basecamp Productions, LLC ("Basecamp" or "Basecamp Productions"), which is the company that runs this site. These Terms and Conditions of Use ("Terms of Use") govern your use of the Site.
This page contains our full User Agreement. You may wish to print this page for reference.
Limited use of the Site is offered to you by Basecamp Productions subject to, and conditioned upon your acceptance of, these Terms of Use. Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Use. Under these Terms of Use only, Basecamp Productions grants you a license to view and use the interactive features of this Site. If you do not agree to these Terms of Use, you are not an authorized user and should discontinue any use of the Site.
Basecamp Productions reserves the right to change or modify these Terms of Use at any time without notice to you. Please read these Terms of Use carefully, as you are bound to comply with the provisions herein.
2. USE OF THE SITE, GENERAL TERMS
2.1 License. Basecamp Productions grants you a non-exclusive, non-transferable, limited right and license to access and use this Site, and view and privately display the Site Content by way of one or more computers connected to the Site via IP networks only, and in strict conformity with these Terms of Use. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future and may download those Pictures that are available on the Site on a download basis. However, no other copy or use of any portion of the Site is permissible, and the same would constitute an act of copyright infringement. By way of example, and not limitation, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the Site Content, link or forward any web address to this Site, copy, counterfeit or paste the Site Content to any other website or web page. You may not publicly display any portion of the Site, or any music or other audiovisual or digital works available at this Site, without a written license signed by a party authorized to legally bind Basecamp Productions to such a contractual arrangement. Any other use or exploitation of this Site, including the Site Content or Site Code, is strictly prohibited. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Materials from the Site. You agree that links to the Site are only permitted upon express permission from and arrangement with Basecamp Productions. You acknowledge and agree that modification of the Materials or use of the Materials for any other purpose is a violation of Basecamp Productions' and possibly other third parties' copyright and proprietary rights. You agree to use the Materials and this Site only for purposes which are lawful in every nation and jurisdiction in the world and all subdivisions thereof. If you violate any provision of these Terms of Use, your permission to use the Materials automatically terminates and you must immediately destroy any copy you may have of any of the Materials. Any other use or exploitation of this Site, including the Materials, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
2.2 Terms Relating to Refunds. ALL PURCHASES ARE NON-REFUNDABLE FOR ANY REASON.
A. Due to technical or artist issues not every song performed on a particular date may be included in the release of the show. REFUNDS WILL NOT BE ISSUED in this instance.
B. Due to technical or artist issues, if a complete show was not able to be released customers will be given their choice of any other show from the tour. REFUNDS WILL NOT BE ISSUED in this instance.
2.3 Users are solely responsible for knowing how to use the material downloaded through the Basecamp Productions site. REFUNDS WILL NOT BE ISSUED for any and/all reasons not limited to the following:
A. The inability to understand how to play FLAC or MP3 files
B. Hard drive crash or any other hardware malfunction that causes you to lose your goods.
C. A slow connection speed that causes an overly long download time.
D. The use of non-supported operating systems. Basecamp Productions supports the following operating systems: MAC OS 10.5.X (LEOPARD), MAC OS 10.4.X (TIGER), MAC OS 10.3.X (JAGUAR), WINDOWS VISTA, and WINDOWS XP.
2.4 Non-Commercial/Personal Use Limitation. Basecamp Productions grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
2.5 Nature of Services. Basecamp Productions offers its Site services for entertainment purposes only. Basecamp Productions does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, Basecamp Productions is not responsible for errors in or omissions from the information contained or accessed through the Site. ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.6 Username/Password. Basecamp Productions may issue you a username and/or password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. Basecamp Productions shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
2.7 Reservation of Rights. Any rights not expressly granted by Basecamp Productions herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, without the prior written consent of a party authorized to bind Basecamp Productions, except as expressly permitted in these Terms of Use.
3 PRIVACY POLICY
3.1 Please review our privacy policy which is available here.
4 DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
4.1 As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. Basecamp Productions does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to Basecamp Productions will not be stolen or otherwise surreptitiously obtained. Basecamp Productions is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, Basecamp Productions expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto.
4.2 NEITHER Basecamp Productions NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES Basecamp Productions, ANY PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Basecamp Productions AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
4.3 NEITHER Basecamp Productions, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.4 WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Basecamp Productions, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4.5 Indemnity. You hereby agree to indemnify, defend and hold harmless Basecamp Productions and its Affiliates from and against any and all liability and costs incurred by Basecamp Productions or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Basecamp Productions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Basecamp Productions.
5 GENERAL TERMS.
5.1 Notices. Notices by Basecamp Productions to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in these Terms of Use as follows:
(i) Electronic mail (e-mail) must be sent to:support@basecampproductions.com
5.2 Governing Law/Forum Selection. These Terms of Use are governed by the laws of the State of Washington, USA applicable to contracts made and performed solely in the State of Washington, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in King County, WA, USA in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms of Use or this Site.
5.3 Relationship Between the Parties. Nothing contained in these Terms of Use shall be construed to constitute you and Basecamp Productions as partners or joint venturers or to constitute employment or any type of agency.
5.4 Severability. If any provision of these Terms of Use is held invalid, unenforceable or void, the remainder of the Terms of Use shall not be affected thereby and shall continue in full force and effect.
5.5 Age of Majority, Right to enter into this Agreement. You represent and warrant to Basecamp Productions that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
5.6 Full Integration. These Terms of Use constitute the entire agreement between you and Basecamp Productions related to this Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between you and Basecamp Productions relating to this Site.
5.7 Written Agreement. These Terms of Use constitute a written agreement between you and Basecamp Productions. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
5.8 Use in Other Locations. This site is operated in the State of Washington, United States of America. No representation or warranty is made that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
5.9 Force Majeure. Basecamp Productions shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
5.10 Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
5.11 No Jury Trial. YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH US.
5.12 Descriptive Headings. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.
5.13 Electronic Form of Agreement. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
5.14 Modifications
5.14.1 To the Agreement. Basecamp Productions has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Basecamp Productions in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the subscription help instructions.
5.14.2 To the Site. Basecamp Productions has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. Basecamp Productions may also impose limits on certain features and services or restrict your access to parts or all of the Basecamp Productions Site without notice or liability.