Terms of Service

Date of last revision: December 18, 2023

1. Acceptance of Terms

Welcome to Basic Space, Inc. (collectively, “Basic Space,” “we,” “us,” or “our,” as applicable) and our Website Terms and Conditions (these “Terms”). These Terms are important and affect your legal rights, so please read them carefully.

By accessing or using basic.space (the “Website”), when downloading the Basic Space software application and the Basic Space mobile application (the “Software”), and all other related products and services offered in connection with the Software (individually and collectively, the “Basic Space Platforms”), you agree to be bound by these Terms and all of the terms incorporated herein by reference.

If you are under 13 years of age, you are not authorized to use the Basic Space Platforms, with or without registering. In addition, if you are under 18 years old, you may use the Basic Space Platforms, with or without registering, only with the approval of your parent or guardian. If you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Basic Space Platforms or any features provided on the Basic Space Platforms.

By accessing or using the Basic Space Platforms, you represent and warrant that you have not been previously suspended or removed from the Basic Space Platforms, or engaged in any activity that could result in suspension or removal from the Basic Space Platforms.

These Terms may be revised at any time for any reason, and Basic Space may provide you notice of these changes by any reasonable means, including by providing notice through the Website. You can determine when we last updated the Website by referring to the “Last Modified” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under data protection law, by continuing to access, browse or use the Basic Space Platforms, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Website to review these Terms. If you do not agree to the revised Terms, you may not access or use the Basic Space Platforms.

2. Registration and Personal Information

In order to access and use certain areas or features of the Basic Space Platforms, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only.

You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Basic Space Platforms on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Basic Space Platforms. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate any and all current or future use of the Basic Space Platforms.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify Basic Space of any unauthorized use of your password or account or any other breach of security.

General Practices Regarding Use and Storage: You acknowledge that Basic Space may establish general practices and limits concerning use of the Basic Space Platforms, including without limitation the maximum period of time that data or other content will be retained by the Basic Space Platforms and the maximum storage space that will be allotted on Basic Space’s servers on your behalf. You agree that Basic Space has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Basic Space Platforms. You acknowledge that Basic Space reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Basic Space reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Basic.Space mobile message service (the “Service”) is operated by Basic.Space (“Basic.Space”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Basic.Space’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Basic.Space through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Basic.Space. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to +18447271448 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Basic.Space mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice. For Service support or assistance, text HELP to +18447271448 or email support@basic.space.

By providing information and/or answering questions, you also consent to receive electronic communications from Basic Space (e.g., via email or by posting notices to the Website). These communications may include notices and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

3. License to Access and use the Website and Content

Unless otherwise indicated in writing by us, the Basic Space Platforms and all content and other materials contained therein, including, without limitation, all designs, text, graphics, pictures, information, data, software, User Content (as defined in Section 6), other files and the selection and arrangement thereof (collectively, “Content”) are the property of Basic Space or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.

Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Basic Space Platforms and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Basic Space Platforms or Content under these Terms, or any other rights thereto other than to use the Basic Space Platforms in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.

However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Basic Space Platforms or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Basic Space Platforms or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Basic Space Platforms or Content, except as expressly permitted by us, (f) use the Basic Space Platforms to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Basic Space Platforms or servers or networks used in connection with the Basic Space Platforms; or (h) use the Basic Space Platforms or Content other than for their intended purposes.

Any use of the Basic Space Platforms or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Basic Space or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.

Fees; Transactions: To the extent the Basic Space Platforms or any portion thereof is made available for any fee, you will be required to provide Basic Space information regarding your credit card or other payment instrument. You represent and warrant to Basic Space that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Without limiting the foregoing, Basic Space charges certain fees for transactions made through the Basic Space Platforms, and our fee policy is incorporated herein by reference. We reserve the right to change fees at any time. If we do change fees, Basic Space will provide notice of the change in the Basic Space Platforms user interface or in email to you, at Basic Space’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Basic Space Platforms after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with your use of the Basic Space Platforms other than U.S. taxes based on Basic Space’s net income. Unless otherwise stated, all fees are quoted in U.S. Dollars. If you dispute any charges you must let Basic Space know within thirty (30) days after the date that Basic Space charges you.

Certain Marketplace Disclaimers: NOTWITHSTANDING ANYTHING TO THE CONTRARY, IF THE SERVICES FACILITATE THE SALE OF GOODS OR SERVICES BETWEEN USERS, SUCH TRANSACTIONS ARE SOLELY BETWEEN THE APPLICABLE BUYER AND SELLER (AND NOT WITH BASIC SPACE). BASIC SPACE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH TRANSACTION, OR ITS FAILURE TO BE CONSUMMATED. BASIC SPACE IS NOT AFFILIATED WITH ANY MANUFACTURER, SELLER, DISTRIBUTOR OR RESELLER OF GOODS OR SERVICES, NOR IS BASIC SPACE ITSELF THE OWNER, SELLER OR RESELLER OF ANY SUCH GOODS OR SERVICES. BASIC SPACE DOES NOT GUARANTEE OR ENDORSE THE QUALITY, SAFETY, LEGALITY OR AUTHENTICITY OF ANY GOODS OR SERVICES OFFERED OR SOLD VIA THE SERVICES.

Buying and Selling: We hope this goes without saying, but as a seller on our curated consignment, online retail, and event-based shopping services and invite-only seller services (the “Services”), you must have the legal authority to sell the items that you are listing and you must describe your item and all terms of sale accurately and completely. If you accept an offer, you will complete the transaction with the buyer unless prohibited by law or these Terms of Service. Likewise, as a buyer, if you agree to purchase an item through the Services, you must complete the transaction in accordance with the terms and conditions specified by the seller, unless prohibited by law or these Terms of Service.

Special Notice for International Use; Export Controls: Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

4. Trademarks

The Basic Space™ word mark and logos, and any other Basic Space product or service names, trademarks, logos, or other indicia (“Marks”) that may appear on the Website are the property of Basic Space or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Website shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Basic Space or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.

5. Legal Requirements; Privacy Policy

Basic Space is committed to processing and protecting the personal information collected through the Basic Space Platforms when you use the Basic Space Platforms in compliance with its obligations under applicable privacy laws, laws governing the privacy of your personal information. Basic Space’s policy is to retain personal information necessary to provide our services, except that we may retain your personal information for longer periods where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce these Terms, or fulfill your request to “unsubscribe” from further messages from us. This policy applies to personal information that you or others provided to us and personal information generated or inferred from your use of our services. Basic Space will decide how your personal information is processed and for what purposes. For additional information about your rights and your personal information, what data is collected, how it is processed, protected, shared, and how long it is retained, please see Basic Space’s Privacy Policy located at basic.space/pages/privacy-policy.

Where Basic Space has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Basic Space may disclose IP addresses, personal information, and any contents of the Basic Space Platforms where it is legally compelled to do so.

We implement a number of security features to help guarantee and ensure to the greatest extent possible that your information is safe. We use industry standard technologies when transferring and receiving user data exchanged between Basic Space and third parties to ensure its security. User data may be stored on servers maintained by our third party partners and subject to their security safeguards which are periodically audited, with certifications from accreditation bodies across geographies and verticals. All financial transactions are made securely. Please see Basic Space’s Privacy Policy for additional information relating to the privacy and security of information collected hereunder.

6. User Content

You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, email or otherwise transmit (“Transmit”) in connection with the Basic Space Platforms. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Basic Space Platforms. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

You agree that you will not, and will not permit anyone else to, directly or indirectly:

Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;
Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;
Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Basic Space Platforms.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Basic Space Platforms at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Basic Space Platforms at your sole cost and expense.

7. Rights in User Content

We do not claim any ownership interest in your User Content.

However, by uploading, posting or submitting User Content to the Basic Space Platforms or to our pages or feeds on third party social media platforms (e.g., Basic Space’s Facebook, YouTube, LinkedIn, Twitter, or Instagram pages), you hereby grant Basic Space a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes, however, Basic Space will only share personal information that you provide in accordance with our Privacy Policy.

You acknowledge and agree that Basic Space may disclose or use any User Content that you Transmit for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Basic Space, its customers or the public.

8. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Basic Space, the Basic Space Platforms or the services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Basic Space. Basic Space shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Linked Sites

We have not reviewed all of the websites linked to the Basic Space Platforms and are not responsible for the content of any third-party pages, any other websites linked to the Basic Space Platforms, or any products or services offered by third parties linked to the Basic Space Platforms. Nothing in the Basic Space Platforms, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Basic Space. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Basic Space reserves the right not to link, or to remove the link, to a particular website at any time.

Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Basic Space. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.

10. Indemnification

You shall indemnify, hold harmless, and, at Basic Space’s option, defend Basic Space from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Basic Space resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Basic Space Platforms, any User Content that you Transmit to or through the Basic Space Platforms, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Basic Space Platforms or any of its features. You further agree that Basic Space shall have control of the defense or settlement of any third party claims, unless Basic Space exercises its option to require you to defend Basic Space. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Basic Space.

11. Disclaimers

THE BASIC SPACE PLATFORMS AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BASIC SPACE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE BASIC SPACE PLATFORMS; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE BASIC SPACE PLATFORMS. IN ADDITION, BASIC SPACE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

BASIC SPACE DOES NOT REPRESENT OR WARRANT THAT THE BASIC SPACE PLATFORMS WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE BASIC SPACE PLATFORMS AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. BASIC SPACE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE BASIC SPACE PLATFORMS IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE BASIC SPACE PLATFORMS IS AT YOUR SOLE RISK. BASIC SPACE DOES NOT WARRANT THAT YOUR USE OF THE BASIC SPACE PLATFORMS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND BASIC SPACE SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE BASIC SPACE PLATFORMS YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE BASIC SPACE PLATFORMS.

12. Limitation of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BASIC SPACE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE BASIC SPACE PLATFORMS (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM BASIC SPACE, OR FROM EVENTS BEYOND BASIC SPACE’S REASONABLE CONTROL, SUCH AS WEBSITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BASIC SPACE RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BASIC SPACE ARISING OUT OF OR IN ANY WAY RELATED TO THE BASIC SPACE PLATFORMS EXCEED THE AMOUNT PAID TO BASIC SPACE FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE BASIC SPACE’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS 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.”

13. Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BASIC SPACE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

YOU AND BASIC SPACE AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.

Any and all claims and actions arising out of the Terms shall be exclusively arbitrated in Los Angeles, California, in accordance with the then prevailing Commercial Arbitration Rules of the American Arbitration Association, which proceedings shall be strictly confidential. The arbitrator(s) shall not have the power to make errors of law, and any award may be challenged to a court of competent jurisdiction based on any such errors of law. Any arbitration award resulting from the foregoing arbitration may be confirmed in federal court in Los Angeles, California.

14. Modifications to the Website

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Basic Space Platforms (or any features or parts thereof) at any time.

15. Special Admonitions for International Use

The Basic Space Platforms are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.

16. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Basic Space Platforms at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

17. Governing Law and Jurisdiction

Basic Space operates the Basic Space Platforms from the State of California, United States. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of California, United States, including its statutes of limitations, but without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in California shall not apply. Except as otherwise provided in Section 18, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the state and federal courts in California, United States, and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to these Terms, and you agree to service of process on you by email to the address you have submitted on the California, if any, and by any other means permitted by law.

18. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Basic Space at the following contact: support@basic.space. Any notices to you may be made via either email or postal mail to the below address or via posting on the Website. Please report any violations of these Terms to Basic Space at the contact listed below.

By Mail:: Basic Space, Inc.
Attn: Privacy Policy
3343 La Cienega Place
Los Angeles, CA 90016
By Email:: support@basic.space

19. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

20. Procedure for Making Claims of Copyright Infringement

We expect users of the Basic Space Platforms to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Basic Space Platforms infringes your copyright, please provide our copyright agent the written information specified below.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Basic Space Platforms;
Your address, telephone number and email 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; and
A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Please direct your notice of claims of copyright infringement the following:

By Mail:: Basic Space, Inc.
Attn: Privacy Policy
3343 La Cienega Place
Los Angeles, CA 90016
By Email:: support@basic.space

21. Miscellaneous

These Terms constitute the entire agreement between you and Basic Space relating to your access to and use of the Basic Space Platforms. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Basic Space. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Basic Space’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Sellers