TERMS AND CONDITIONS OF USE
OCDesignCollective.com
Description of Service
Ocdesigncollective.com (this “Site”) is created by Bassman-Blaine, Inc., a corporation formed and existing under the laws of the State of California (“Bassman-Blaine”). This Site’s services include information about our company and our products and services that may be offered from time to time.
Acceptance of Terms
By using this Site, you agree to adhere to these Terms and Conditions of Use (these “Terms and Conditions”). Bassman-Blaine reserves the right to modify these Terms and Conditions without notice. If you do not agree to these Terms and Conditions, you cannot use this Site. Bassman-Blaine may from time-to-time update these Terms and Conditions without notice. The most recent terms are located at www.ocdesigncollective.com/terms-conditions. You should revisit this page occasionally to review the terms and conditions.
There may also be Bassman-Blaine products and services that have posted rules and regulations. These rules and regulations, when they appear, should be considered to be part of these Terms and Conditions.
Bassman-Blaine Intellectual Property
The content, arrangement and layout of this Site, including, but not limited to, the trademarks, service marks, package designs, text, art work, graphics, images, buttons, screen shots, music, digitally-downloadable files, other content, and the compilation of the foregoing (”Content”) are the property of Bassman-Blaine, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of Bassman-Blaine.
This Site may also contain references to other company brands and product names. These company brands and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within this Site are either the property of Bassman-Blaine, or used with permission. Bassman-Blaine may be, but is not necessarily sponsored by or affiliated with any owners of the other company brands and product names appearing on this Site, and makes no representations about them, their owners, their products or services.
Any unauthorized use of the materials, structure, sequence, arrangement, or design of this Site, or trademarks, service marks, or trade dress found within the this Site may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting this Site you understand and acknowledge that you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any Content or other materials or information displayed on this Site. You agree not to display or use any Content or third-party content located on this Site in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Bassman-Blaine, or its licensors, that dilutes the strength of Bassman-Blaine or its licensor’s property, or that otherwise infringes Bassman-Blaine or its licensor’s intellectual property rights.
Any rights not expressly granted by these Terms and Conditions are reserved by Bassman-Blaine.
If you believe that content on this Site infringes upon your intellectual property rights, please contact our designated agent at info@bassman-blaine.com or by mail to Bassman-Blaine, Inc. 2485 McCabe Way, Irvine, California 92612, Attn: Director of Business Development. In your correspondence, you must include your name, the work you believe has been infringed along with any relevant registration numbers, identification of the work on this Site that you believe infringes your work, your contact information, confirmation that you have a good faith belief that the material you are concerned about was not authorized by the rights owner, confirmation that the information you are submitting to us is accurate and under penalty of perjury you are authorized to act on behalf of the rights holder, and your signature. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. § 512(c)(2). Our designated agent will respond only to these trademark or copyright issues; for general questions please E-mail info@ocdesingcollective.com.
Confidential and Proprietary Information
Bassman-Blaine does not want to receive confidential or proprietary information from you through this Site. Please note that any information or material sent to Bassman-Blaine through this Site will be deemed NOT to be confidential. By sending Bassman-Blaine any information or material, you grant Bassman-Blaine an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Bassman-Blaine is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
No Unlawful Use
As a condition to your use of this Site, you warrant to Bassman-Blaine that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions and that you will not create, upload, transmit or make available in any way any files, computer codes, or software programs that contain software viruses or any other type of harmful material that is intended to disrupt, destroy, or limit the functionality of computer or network hardware or software products or services, including without limitation interfering, disrupting, or creating an undue burden on any network services provided by Bassman-Blaine.
Links or Pointers to Other Sites
Bassman-Blaine makes no representations whatsoever about any other website that you may access though this Site. When you access a non-Bassman-Blaine website, please understand that it is independent from Bassman-Blaine, and that Bassman-Blaine has no control over the content on that website. In addition, a hyperlink to a non-Bassman-Blaine website does not mean that Bassman-Blaine endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM ANY BASSMAN-BLAIN SITE. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Bassman-Blaine site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Limitations on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BASSMAN-BLAINE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DESIGNCAMPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THIS SITE OR THE PRODUCTS AND SERVICES OFFERED ON THIS SITE.
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF YOUR USE OF THIS SITE OR RELATED TO YOUR RELATIONSHIP WITH DESIGNCAMPUS, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.
Indemnity
You agree to indemnify and hold Bassman-Blaine and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of the Terms and Conditions, or your violation of any rights of another. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.
Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS OR ANY OTHER WEB SITE OF BASSMAN-BLAIN OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR ANY OTHER WEB SITE OF BASSMAN-BLAIN IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE ABOVE EXCLUSION OF IMPLIED WARRANTIES WILL NOT APPLY IN ANY JURISDICTION WHERE IT IS PROHIBITED BY LAW.
Choice of Law and Venue
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Orange in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
Effective Date
These Terms and Conditions are effective as of October 8, 2015.
Entire Agreement
These Terms and Conditions constitute the entire agreement between Bassman-Blaine and you pertaining to the subject matter of this Agreement and supersede any and all prior agreements between us. In its sole discretion, Bassman-Blaine may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time. Neither the course of conduct between the parties nor trade practice will act to modify these Terms and Conditions. These Terms and Conditions do not confer any third-party beneficiary rights.
Contacting Us About These Terms
If you have any questions about these Terms and Conditions, or wish to report violators of these Terms and Conditions, please contact info@ocdesigncollective.com.