The Bay Social Terms & Conditions
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, do not provide us or other visitors of this website with any personal information.
Campaigns and marketing for clients and customers under the age of 18, require permission and active involvement of a parent or legal guardian.
MODIFICATIONS AND TERMINATIONS
These terms and conditions are subject to change from time to time. If such changes are made, they will be effective immediately, and we will notify you via a notice posted on the home page of our website that changes have been made. If you disagree with the changes that have been made, discontinue use of our website.
We hold the right to terminate these terms and conditions of use at any time and for any reason without notice to you.
Any questions or concerns should be brought to our attention. Send us an e-mail that provides us with all relevant information relating to your concern.
WEBSITE TERMS & CONDITIONS
You understand and agree that your use of our website is limited and non-exclusive as a non-transferable revocable licensee. We may terminate your license to access our website for any reason, and without giving you notice.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content. You are not allowed to infringe upon those rights. Anyone who attempts to steal our property will be prosecuted to the fullest extent of the law.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us via e-mail.
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us via e-mail. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
OBSCENE AND OFFENSIVE CONTENT
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us via e-mail so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION
You agree to obey all applicable laws while using our website. You agree that the laws of your state govern these terms and conditions of use without regard to provisions for conflicts of laws.
TRADE TERMS AND CONDITIONS
PAYMENTS & REFUNDS
The Bay Social bills 100% of it’s services upfront and in advance, we do not extend credit to persons, companies or organisations. Refunds can be requested prior to any commenced work, once work has been commenced invoices are final and refunds can not be issued.
The Bay Social strives to deliver you outcomes that exceed expectations on every occasion, due to the nature of constantly changing algorithms The Bay Social under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the Australian Centre for International Commercial Arbitration
All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
The Bay Social remains the owner of the copyright in full including any sale and distribution agreements until work is legally released by way of copyright transfer by The Bay Social and its contractors and employees.
RELEASE OF COPYRIGHT
The Bay Social releases copyright to you the customer on complete and final payment, or as otherwise agreed in a prior written proposal signed by an authorised representative of The Bay Social.
You will have the right to terminate this Agreement at any point. Should you terminate our services, you will be required to pay The Bay Social for completed work including research and project development and trainings that may have been undertaken behind the scenes at The Bay Social, including any new staff hires and their related costs. according to the provisions outlined in your invoice or proposal provided by The Bay Social. Similarly, The Bay Social will have the right to end this Agreement at any point.
SEVERABILITY OF THESE TERMS AND CONDITIONS
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
HOW TO CONTACT US
Any questions or concerns about these terms and conditions of use should be brought to our attention via e-mail, and should provide us with information relating to your concern.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The information on our website is provided on an “as is,” “as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon, and it should not be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and we are not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of – or relating to – our website or services shall not exceed one hundred ($100) dollars, and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration, which will be described later in these terms and conditions of use.
This website is registered to DM Global LLC t/as The Bay Social
Lucas Eyre & Jenny Sjolund
DM Global LLC – https://www.thebaysocial.com
412 N. MAIN STREET STE 100
Buffalo, Wyoming, 82834
1 / 54 Butler Street
Byron Bay, NSW 2481
ABN: 11 130 997 211