BAAGZ.com Terms of use

Welcome on BAAGZ, a search-centered social utility that connects you with the people who share the same interests.

The BAAGZ service (the Service, or BAAGZ Services) and www.baagz.com (the Site, BAAGZ.com or the BAAGZ Website) are operated by Exalead SA. By accessing or using our web site at www.baagz.com or by posting a Share Button on your site, you (the User) signify that you have read, understand and agreed to be bound by these Terms of Use (Terms of Use or Agreement), whether or not you are a registered member of BAAGZ. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

  1. Eligibility. Use of and Membership in the BAAGZ Services is void where prohibited. By using the BAAGZ Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the BAAGZ Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the BAAGZ Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. BAAGZ.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
  3. Fees. You acknowledge that BAAGZ.com reserves the right to charge for the BAAGZ Services and to change its fees from time to time in its discretion. If BAAGZ.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify BAAGZ.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Non-commercial Use by Members. The BAAGZ Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BAAGZ. Illegal and/or unauthorized use of the BAAGZ Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the BAGGZ Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the BAAGZ Services.
  6. Proprietary Rights in Content on BAAGZ.com.
    1. BAAGZ.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, Content) that you post to the BAAGZ Services. After posting your Content to the BAAGZ Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (posting) any Content on or through the BAAGZ Services, you hereby expressly grant to BAAGZ.com a free, non exclusive and limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the BAAGZ Services.
      Without this license, BAAGZ.com would be unable to provide the BAAGZ Services. For example, without the right to modify Member Content, BAAGZ would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, BAAGZ.com could not allow Users to listen to music posted by Members. The license you grant to BAAGZ.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to BAAGZ), fully-paid and royalty-free (meaning that BAAGZ is not required to pay you for the use on the BAAZ Services of the Content that you post), sublicensable (so that BAAGZ is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the BAAGZ Services), and worldwide (because the Internet and the BAAGZ Services are global in reach). This license will terminate at the time you remove your Content from the BAAGZ Services. The license does not grant BAAGZ the right to sell your Content, nor does the license grant BAAGZ the right to distribute your Content outside of the BAAGZ Services.
    2. You represent and warrant that: (i) you own the Content posted by you on or through the BAAGZ Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the BAAGZ Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the BAAGZ Services.
    3. The BAAGZ Services contain Content of BAAGZ.com (BAAGZ.com Content). BAAGZ Content is protected by copyright, trademark, patent, trade secret and other laws, and BAAGZ.com owns and retains all rights in the BAAGZ.com Content and the BAAGZ Services. BAAGZ.com hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the BAAGZ Content (excluding any software code) solely for your personal use in connection with viewing the BAAGZ Website and using the BAAGZ Services
    4. The BAAGZ Services contain Content of Users and other BAAGZ.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the BAAGZ Services.
  7. Content Posted.
    1. BAAGZ.com may delete any Content that in the sole judgment of BAAGZ.com violates this Agreement or which may be offensive, illegal, or harmful, or which may violate the rights or threaten the safety of any person. BAAGZ.com assumes no responsibility for monitoring the BAAGZ Services for inappropriate Content or conduct. If at any time BAAGZ.com chooses, in its sole discretion, to monitor the BAAGZ Services, BAAGZ.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the BAAGZ Services, and any material or information that you transmit to other Members and for your interactions with other Users. BAAGZ.com does not endorse and has no control over the Content. Content is not necessarily reviewed by BAAGZ.com prior to posting and does not necessarily reflect the opinions or policies of BAAGZ.com. BAAGZ.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
  8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the BAAGZ Services. BAAGZ.com reserves the right to investigate and take appropriate legal action against anyone who, in BAAGZ.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the BAAGZ Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of BAAGZ.com:
    1. is attempting to good standards of behaviour, privacy, and 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-protection 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 , filmmaker and other similar professional entertainment 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 BAAGZ Website and through your use of the BAAGZ Services. BAAGZ.com reserves the right to investigate and take appropriate legal action against anyone who, in BAAGZ.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 illicit 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 BAAGZ 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 BAAGZ 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, BAAGZ.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 BAAGZ.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 BAAGZ Services, you acknowledge that you will have caused substantial harm to BAAGZ.com and we reserve the right to bring the Member into action before any competent jurisdiction. ;
    3. covering or obscuring the banner advertisements on your personal profile page, or any BAAGZ.com page via HTML/CSS or any other means;
    4. any automated use of the system, such as using scripts to add friends or send comments or messages;
    5. interfering with, disrupting, or creating an undue burden on the BAAGZ Services or the networks or services connected to the BAAGZ Services;
    6. attempting to impersonate another Member or person;
    7. for band profiles, copying the code for your BAAGZ 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 BAAGZ 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 BAAGZ 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 for inclusion in a friends list, or sending private messages with a commercial purpose; or
    12. using the BAAGZ Services in a manner inconsistent with any and all applicable laws and regulations.
  9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BAAGZ.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to BAAGZ.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the BAAGZ Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the BAAGZ Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. BAAGZ.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows, Exalead SA, 10 place de la Madeleine 75008 Paris or by email at : .
  10. Member Disputes. You are solely responsible for your interactions with other BAAGZ.com Members. BAAGZ.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
  11. Privacy. Use of the BAAGZ Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  12. Disclaimers. BAAGZ.com is not responsible, nor in any manner liable for any incorrect or inaccurate Content posted on the BAAGZ Website or in connection with the BAAGZ Services, whether caused by Users of the BAAGZ Services or by any of the equipment or programming associated with or utilized in the BAAGZ Services. Profiles created and posted by Members on the BAAGZ Website may contain links to other websites. BAAGZ.com is not responsible, nor liable, for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BAAGZ.com. Inclusion of any linked website on the BAAGZ Services does not imply approval or endorsement of the linked website by BAAGZ.com. When you access these third-party sites, you do so at your own risk. BAAGZ.com takes no responsibility for third party advertisements which are posted on this BAAGZ Website or through the BAAGZ Services, nor does it take any responsibility for the goods or services provided by its advertisers. BAAGZ.com is not responsible for the conduct, whether online or offline, of any User of the BAAGZ Services. BAAGZ.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BAAGZ.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the BAAGZ Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the BAAGZ Services. Under no circumstances shall BAAGZ.com be responsible and/or liable for any direct or indirect loss or damage, including personal injury or death, resulting from, directly or in directly, use of the BAAGZ Services, attendance at a BAAGZ.com event, from any Content posted on or through the BAAGZ Services, or from the conduct of any Users of the BAAGZ Services, whether online or offline. The BAAGZ Services are provided AS-IS and BAAGZ.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement of any third party intellectual property right. BAAGZ.com cannot guarantee and does not promise any specific results from use of the BAAGZ Services. In addition, due to the fact that the performance of the BAAGS Services depends on the internet technologies, BAAGZ does not warrant a non-stop access of BAAGZ Services and shall not be liable for any interruption of the BAAGZ Services caused by the maintenance of the BAAGZ Web Site. BAAGZ shall not be liable for any lost of Members’ data caused by any hacking action or any act of piracy against BAAGZ Web Site.
  13. Limitation on Liability. IN NO EVENT SHALL BAAGZ.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 BAAGZ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BAAGZ.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 BAAGZ.COM FOR THE BAAGZ SERVICES DURING THE TERM OF MEMBERSHIP.
  14. Disputes. If there is any dispute about or involving the BAAGZ Services, you agree that the dispute shall be governed by the laws of France, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state courts of France located in Paris. Either BAAGZ.com or you may demand that any dispute between BAAGZ.com and you about or involving the BAAGZ Services must be settled by arbitration utilizing the dispute resolution procedures of XXX provided that the foregoing shall not prevent BAAGZ.com from seeking injunctive relief in a court of competent jurisdiction.
  15. Indemnity. You agree to indemnify and hold BAAGZ.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BAAGZ Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the BAAGZ Website or through the BAAGZ Services causes BAAGZ.com to be liable to another.
  16. Other. This Agreement is accepted upon your use of the BAAGZ Website duly expressed by your online consent to this Agreement or any of the BAAGZ Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BAAGZ.com regarding the use of the BAAGZ Services. The failure of BAAGZ.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. BAAGZ.com is a trademark of Exalead SA. 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.

Contact BAAGZ with any questions regarding this Agreement: Exalead SA, 10 place de la Madeleine 75008 Paris or by email at: .

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.