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Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing The KevinScarselli.Com Website.

Effective Date: This Terms of Use Agreement was last updated on March 25, 2013.

This Terms of Use Agreement sets forth the standards of use of the KevinScarselli.com Website, KevinScarselli.Com Online Services and any Products, owned and operated by BassFishin.Com.Com, LLC (“BassFishin.Com”, or “we”, or “us”, or “our”), a Maryland Limited Liability Company. By using the KevinScarselli.com website you (the “Member” or the “Visitor” or the “User” or “you”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the KevinScarselli.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Some of the Services may have additional terms and conditions subject to their usage. You agree that your use of those Services is subject to any additional terms posted within those Services, and that any additional terms be applied in conjunction with these Terms. In circumstances where conflicting terms shall arise between the provisions of additional terms and conditions, the additional terms shall take precedent if formally presented in a document with “Terms of Use” in the title.

1. Description of Service

KevinScarselli.Com may offer to make available various content and services as detailed more elaborately on the KevinScarselli.Com Website. Services will include, but will not be limited to, any content and service KevinScarselli.Com performs for you, as well as providing any items displayed or transmitted on KevinScarselli.Com, including, but not limited to text, information, graphics, news, images, photographs, files, emails, sound, software, user comments, video clips, audio clips, illustrations and other data.

KevinScarselli.Com Services include, but are not limited to, the KevinScarselli.Com Tools, User Comments, the KevinScarselli.Com Blog, the KevinScarselli.Com Store, chat rooms, and any other page, section or subdomain of KevinScarselli.Com.

2. Disclaimer of Warranties

The site is provided by KevinScarselli.Com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, KevinScarselli.Com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. KevinScarselli.Com shall have no liability for any interruptions in the use of this Website. KevinScarselli.Com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Modifications and Interruption to Service

KevinScarselli.Com reserves the right to modify or discontinue the Service with or without notice to the Member. KevinScarselli.Com shall not be liable to Member or any third party should KevinScarselli.Com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that KevinScarselli.Com does not guarantee continuous, uninterrupted or secure access to our website. Member agrees that operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

4. Limitation of Liability

KEVINSCARSELLI.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR KEVINSCARSELLI.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF KEVINSCARSELLI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

5. Indemnification

Member agrees to indemnify and hold BassFishin.Com and KevinScarselli.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

7. Governing Jurisdiction of the Courts of Maryland

Our website is operated and provided in the State of Maryland. As such, we are subject to the laws of the State of Maryland, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Maryland.

8. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information

All content included or available on this site, including, but not limited to site design, text, graphics, logos, interfaces, video clips, audio clips, photographs, information, articles, software, illustrations and the selection and arrangements thereof is © 2013 KevinScarselli.com, with all rights reserved, or is the property of KevinScarselli.Com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of KevinScarselli.Com is strictly prohibited. Registered Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of KevinScarselli.Com.

Members agree to grant BassFishin.Com LLC, our partners, and our affiliates a royalty-free, perpetual non-exclusive, irrevocable, sublicenseable license to publicly display, duplicate, transform, promulgate, publish, share and adapt any content which you submit and display throughout or on (i) the KevinScarselli.Com website, (ii) electronic and print media through download or delivered distribution, (iii) third party websites or networks affiliated or partnered with KevinScarselli.Com, and (iv) databases, whether remote or local, which may be made accessible to end users for a fee. Members agree this royalty-free license gives BassFishin.Com LLC and its affiliates and partners, the right to make publicly available all content to other organizations, companies or sole individuals whom have relationships with BassFishin.Com LLC, its partners and affiliates, for the reservation of syndicated services, and to utilize content in relation with the condition of those services.

Members of BassFishin.Com also grant KevinScarselli.Com the right to use or display any images uploaded by the member within that member’s online posts, messages and contributions. These uploaded images may include, but are not limited to, headshots, photos of people, computer screens and images with residential or commerical properties in plain sight.

BassFishin.Com™ is a proprietary mark of BassFishin.com. BassFishin.Com’s trademarks may not be used in connection with any product or service that is not provided by BassFishin.Com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BassFishin.Com.

All other trademarks displayed on KevinScarselli.Com’s website are the trademarks of their respective owners, and constitute neither an endorsement or a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with BassFishin.Com or KevinScarselli.com.

10. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, KevinScarselli.com designates the following point of contact as its agent for receipt of notifications of claimed copyright infringement.

Email: info@kevinscarselli.com

11. No Endorsement of User-Submitted Content; Content On KevinScarselli.Com

KevinScarselli.Com contains a combination of content that is created by KevinScarselli.Com, its partners, and visitors to KevinScarselli.Com. All materials and content posted on KevinScarselli.Com, including, but not limited to, photographs, images, written text, marks, videos, animations, illustrations, audio, sound, screenshots and graphics are protected by the copyrights and trademarks of KevinScarselli.Com and those of our partners. You agree to not use any content within the KevinScarselli.Com website on any third-party website or publication except where KevinScarselli.Com has explicitly authorized such use.

KevinScarselli.Com has many forms of content, including, but not limited to, product reviews, articles, guides, videos and opinions. It also includes information and materials directly related to the services and products offered by third parties with whom we may have direct or indirect affiliation with, or no affiliation at all with. We make no guarantee and cannot guarantee the integrity or accuracy of the content that is available on or delivered through KevinScarselli.Com. You shall not rely on any information, materials, opinions or content found on or delivered through KevinScarselli.Com.

You are solely responsible for all content and materials that you post, disclose, email, transmit or otherwise make available to KevinScarselli.Com and its Services. Such may be referred to as “User Content” (or “Your Content”) and the act of the Visitor making such content available may be collectively termed, “Post”. “User Content” depicts materials or content that is posted by a visitor on or through any part of the KevinScarselli.Com Website and its Services.

You may find and be subject to objectionable, offensive, inaccurate or otherwise inappropriate content, and thus you shall be responsible for any consequences or damages such content causes. You agree to take full responsibility to accept any and all risks associated with such content.

If you choose to post content to or on KevinScarselli.Com, you agree that the content you post is your own. The content must be original of your creation, or you have rights or clear permission to use such content.

KevinScarselli.Com will not be held liable or responsible for any User Content that commits intellectual property infringement or any unlawful acts. KevinScarselli.Com reserves the right to deny and refuse any content that is posted on our through the website and Services.

In the event that KevinScarselli.Com offers files for download, such downloads including, but not limited to, portable document format files (PDF), videos, images, spreadsheets and text files are licensed to you by KevinScarselli.Com or third-party licensors for your non-commercial personal use only. We cannot and do not transfer any rights, titles or ownership to you. You agree not to distribute or make available any downloads to any other parties other than yourself. You agree not to reverse-engineer, decompile, disassemble or otherwise reduce the files downloaded. You agree not to modify any files downloaded.

If KevinScarselli.Com requests registration information or data from you, you agree to provide KevinScarselli.Com with accurate, true, current and full information. Upon any changes to such registration information, we require you to make timely updates to such information, including but not limited to, your email address, location-based details, phone numbers, and email newsletter subscription settings.

You shall agree to the following at all times when using KevinScarselli.Com and its Services:

  1. You shall not provide falsified information or data when registering.
  2. You shall maintain the safety and confidentiality of your password, and any other confidential data associated with your account.
  3. You shall not share or display your password to any third party.
  4. You shall not let any third party access your account and you are fully responsible for the safekeeping of your account. If suspicious account activity is discovered or suspected by you, it is your responsibility to notify KevinScarselli.Com of such occurrences or suspicions.
  5. You are at least 18 years of age.
  6. You shall not abuse, harass, threaten, insult, libel, or otherwise violate the rights of others.
  7. You shall not commit any illegal activity.
  8. You shall not deliver, transmit, distribute or knowingly link to any files, websites, scripts or executable code containing Trojans, viruses, spyware or other malware that can adversely affect the clean functioning of a personal computer or compromise the privacy of an individual.
  9. You shall not advertise, promote or make unsolicited offers on KevinScarselli.Com without our written consent and clear permission.
  10. You shall not transmit or distribute spam through any Service, including, but not limited to, the KevinScarselli.Com Forums, Fishing Reports, Tackle Reviews, Blog Comments, Private Messages, Visitor Messages and other message delivery systems we have.
  11. You shall not tamper or interfere with any KevinScarselli.Com Service or function.
  12. You shall not falsify or obscure any HTTP headers, including, but not limited to, IP address, referrer, hostname and user-agent.
  13. You shall not misrepresent yourself as being any other individual whom is not you.
  14. You shall not post or distribute any materials or content which is inappropriate, illegal, vulgar, obscene, offensive, sexually explicit, defamatory, libelous, hateful or otherwise distasteful in any manner or form.
  15. You shall not access areas of KevinScarselli.Com that otherwise you know you should not be accessing.
  16. You shall not harvest or collect personal information of visitors for commercial use.
  17. You shall not use any content on KevinScarselli.Com on any third party website or publication except where KevinScarselli.Com has explicitly authorized such use.
  18. You shall not violate the rights or jeopardize the safety of any person.

You agree that KevinScarselli.Com will not and cannot pre-screen user content posted by visitors. You agree that KevinScarselli.Com will not be held liable, or responsible, for visitor-submitted content posted on KevinScarselli.Com and its Services.

The KevinScarselli.Com Forums consists of forums and subforums which are accessible upon varying levels of membership and granted access. Some forums or subforums may require special access credentials gained by payment, promotions, or otherwise.

You agree that KevinScarselli.Com administrators, moderators, employees and owners of the KevinScarselli.Com Services, including but not limited to, the KevinScarselli.Com Blog and Forums, are not and will not be held liable for any actions or decisions they take.

KevinScarselli.Com does not endorse any links, private messages, forum posts, emails, offers, and any other public messages posted to or transmitted through any KevinScarselli.Com Service. KevinScarselli.Com will not be held liable for any damage or loss for non-compliance.

By registering at KevinScarselli.Com, you give consent for the owners, moderators, employees and representatives of KevinScarselli.Com to contact you via private messages or email, and that this communication may include unsolicited advertisements, offers or promotional content for services and products.

KevinScarselli.Com reserves the right to terminate and delete any account for any reason, including, but not limited to, those accounts setup for the purpose of spamming, flaming, fraud, misrepresentation and hate speech. KevinScarselli.Com shall have and maintain the right to delete or ban accounts for any reason at anytime and regardless of whether such accounts showed objectionable actions or not.

The owners of KevinScarselli.Com reserve the right to remove, edit, move or close any message thread for any reason.

The posting of advertisements or links of the promotional nature are reserved for KevinScarselli.Com, its partners, and affiliates. All other links and content of promotional nature will be promptly deleted or modified. This includes, but is not limited to, blog posts, articles, forum posts, signatures, profiles and private messages.

KevinScarselli.Com reserves the right to modify user accounts for any reason. These reasons may include, but are not limited to, such things as inappropriate usernames, inappropriate signatures and suspicious profiles.

KevinScarselli.Com reserves the right to refuse service to any individual for any reason.

KevinScarselli.Com reserves the right to modify any posts or messages made in public or private within the KevinScarselli.Com Forum for any reason. You agree to allow KevinScarselli.Com, its administrators, owners, moderators and employees to edit and modify content posted by you. Such modifications include, but are not limited to, correcting spelling, correcting grammatical errors, correcting ill-formatted messages, adding promotional text, adding promotional images, adding promotional links, and adding any other promotionally-natured content such as affiliate offers and links.

If you desire to not have promotional content added to your posts by KevinScarselli.Com moderators, employees, owners and other KevinScarselli.Com representatives, you may file a request for this for consideration via email at info@kevinscarselli.com. While we will consider your individual request for exclusion from promotional post editing and modification, we reserve the right to deny such request. You agree to consider such a request null and void without affirmative confirmation for exclusion from promotional editing from a KevinScarselli.Com moderator, administrator, owner, employee or other KevinScarselli.Com representative concerning your request.

12. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by KevinScarselli.Com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

CONTACTING KEVINSCARSELLI.COM

If you have questions, please contact us at info@kevinscarselli.com. You may also write to us at:

KevinScarselli.Com LLC.
1121 Annapolis Rd. #284
Odenton, MD 21113-1633 USA

Phone: (410) 451-1830

KevinScarselli.Com will use commercially reasonable efforts to promptly respond and resolve any problem or question.

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