Terms of Use Agreement

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Roadbase Services. By using the Roadbase Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Roadbase Website) or you are a "Member" (which means that you have registered with Roadbase.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Roadbase Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Roadbase Website and discontinue use of the Roadbase Services immediately. If you wish to become a Member, communicate with other Members and make use of the Roadbase Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Roadbase.com's policy for acceptable use of the Roadbase Services and Content posted on the Roadbase Website, your rights, obligations and restrictions regarding your use of the Roadbase Services and Roadbase.com's Privacy Policy. In order to participate in certain Roadbase Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Roadbase Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@Roadbase.com, Subject: Terms of Use Agreement.

Roadbase.com may modify this Agreement from time to time and such modification shall be effective upon posting by Roadbase.com on the Roadbase Website. You agree to be bound to any changes to this Agreement when you use the Roadbase Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Roadbase.com and that you provide to other Users. Your Roadbase.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Roadbase.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Roadbase.com assumes no responsibility or liability for this material. If you become aware of misuse of the Roadbase Services by any person, please contact Roadbase or click on the "Report Inappropriate Content" link at the bottom of any Roadbase.com page.

Roadbase.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Roadbase Services at any time, for any or no reason, with or without prior notice, and without liability.

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Roadbase Services. Roadbase.com reserves the right to investigate and take appropriate legal action against anyone who, in Roadbase.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Roadbase Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Roadbase.com:

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  5. solicits personal information from anyone under 18;
  6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
  7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  14. includes a photograph of another person that you have posted without that person's consent; or
  15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the Roadbase Website and through your use of the Roadbase Services. Roadbase.com reserves the right to investigate and take appropriate legal action against anyone who, in Roadbase.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Roadbase Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Roadbase Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Roadbase.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Roadbase.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Roadbase Services, you acknowledge that you will have caused substantial harm to Roadbase.com, but that the amount of such harm would be extremely difficult to ascertain.
  3. covering or obscuring the banner advertisements on your personal profile page, or any Roadbase.com page via HTML/CSS or any other means;
  4. any automated use of the system, such as using scripts to send messages;
  5. interfering with, disrupting, or creating an undue burden on the Roadbase Services or the networks or services connected to the Roadbase Services;
  6. attempting to impersonate another Member or person;
  7. for band profiles, copying the code for your Roadbase Player and embedding it into other profiles or asking other Members to embed it into their profiles;
  8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  9. selling or otherwise transferring your profile;
  10. using any information obtained from the Roadbase Services in order to harass, abuse, or harm another person;
  11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Roadbase Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
  12. using the Roadbase Services in a manner inconsistent with any and all applicable laws and regulations.

IN NO EVENT SHALL ROADBASE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Roadbase.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Roadbase.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Roadbase.COM FOR THE Roadbase SERVICES DURING THE TERM OF MEMBERSHIP.

This Agreement is accepted upon your use of the Roadbase Website or any of the Roadbase Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Roadbase.com regarding the use of the Roadbase Services. The failure of Roadbase.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Roadbase.com is a trademark of Roadbase, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact Roadbase with any questions regarding this Agreement.