Terms & conditions

If we believe you are violating this User Agreement or any of our policies, or abusing Basta an our Services in any way, we may, in our sole discretion and without limiting other remedies, li suspend, or terminate your user account(s) and access to our Services, delay or remove host content, remove any special status associated with your account(s), remove your sale, and ta technical and/or legal steps to prevent you from using our Services. We may offer a process allowing users to report claimed violations for us to consider and handle through one or more these options, all in our sole discretion. We may cancel unconfirmed accounts or accounts th have been inactive for a substantial period of time. Additionally, we reserve the right to refuse modify, or terminate all or part of our Services to anyone for any reason at our discretion.

2. Selling with Basta.

a. All Basta Sellers assume full responsibility for the item offered and the accuracy and content of the information related to their item, including Sale content created using tools offered by Basta or third parties such as translation, image editing, and generative artificial intelligence tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. Sellers agree that we may display your Sale on a Basta related site other than the site where you listed your item for sale.

b. Offers to Sell Outside of Basta; If we believe you are violating our policies prohibiting Offers to sell outside of Basta, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement.

i. Offering to buy or sell an item outside of Basta that is currently for Sale throug the Basta Services, is not allowed. Buyers and sellers also can't share contact information, including email addresses and phone numbers, prior to completing a transaction on Basta.

ii. Contacting a Basta seller to discuss moving a purchase off Basta exposes both the buyer and seller to a greater risk of fraud.

c. Content

i. When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, including development of new offerings as part of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Basta, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.

ii. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Basta takes no responsibility and assumes no liability for any content provided by you or any third party.

d. Account Creation

i. All Sellers must create a Basta account in order to use our services. You are responsible for your Account, the materials you upload to the Basta service, and the operation of your Basta account including your auction, offer, or any other kind of sale. If you violate Basta’s terms of service we may cancel your service access.

ii. ii. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

iii. You acknowledge that Basta will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Basta and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Basta can only be authenticated if they come from your Primary Email Address.

iv. You are responsible for keeping your password secure. Basta cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.

v. To create an account with Basta, you must create or have an existing Stripe account connected to your Primary Email Address. All payments will be facilitated through Stripe You must agree to be bound by and comply with the Stripe terms and conditions. You agree to use your Basta Stripe Account for any sales associated with your Basta Account.

vi. You acknowledge and agree to provide public-facing contact information, and to send the Winning Bidder their item as expediently as possible.

e. Basta is an ecommerce Software Provider, not a Marketplace.

i. You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and the customer. You are the seller of record for all items you sell through the Services. You are responsible for the creation and operation of your Basta Account, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your Basta Account, your Materials and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, Basta will not be the seller or merchant or record and will have no responsibility for items sold to customers through the Services.

ii. You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.

iii. You may not use the Basta Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Iceland. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to conduct your Sale or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.

iv. You expressly understand and agree that, to the extent permitted by applicable laws, Basta and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).

v. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Basta partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference; (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.

vi. You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.

vii. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

viii. Basta does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

ix. Basta does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

x. Basta is not responsible for any of your tax obligations or liabilities related to the use of Basta’s Services.

xi. Basta does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

xi. Basta does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

f. Running a Fair Auction. In cases where Sale’s created through the Services are under our Auction format, Sellers must follow the below guidelines.

1. All persons who wish to Sell on Basta must meet the following criteria in the auctions they create with Basta. These include;

2. clearly disclosing any shipping/payment fees or charges associated with participating in the auction;

3. adding accurate auction start and end dates;

4. providing a clear and accurate product description;

5. providing a starting bid;

6. providing a reserve price (if applicable) that is higher than the starting bid.

3. Basta’s Rights

i. The Services have a range of features and functionalities. Not all Services or features will be available to all Sellers at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.

ii. Basta does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate these Terms of Service.

iii. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Basta employee, member, or officer will result in immediate Account termination.

iv. We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Basta employees and contractors may also be Basta customers or merchants and that they may compete with you, although they may not use your Confidential Information in doing so.

v. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.

vi. Basta reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, without prejudice to our other rights and remedies, Basta reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

4. Bidding on an Auction type Sale through the Basta Services.

a. It is Basta Ventures ehf. (“Basta”) policy to request a government issued identification containing a photograph, such as a passport, identity card, driver’s license, or credit card in order for you to register to bid on a Sale through our Services. Basta has the right to use a vendor, Veriff, to verify your identification and screen for regulatory and financial risk. Please review the Basta Privacy policy located on these Terms and Conditions and Veriff Privacy policy located at https://www.veriff.com/privacy-policy regarding the processing of your information and your rights.

b. By bidding at auction, you agree that these Conditions of Sale are your entire agreement with Basta and that they govern all bidders. All bidders must be at least 18 years of age to place a bid.

c. 100% of net proceeds will go to the Seller

d. You agree to pay an additional 5% bid processing fee to Basta, the auction software provider, if you are the winning bidder. A bid processing fee of five percent (5%) will be added to the winning bidders hammer price. This Bid processing fee is how Basta, the software provider, is paid. (https://www.basta.app/).

5. Registering to Bid.

a. When accessing a Seller’s auction type Sale, you must either log in to your Basta account or register to create an account if you do not already have one. You may then place bids subject to these Conditions of Sale once the auction has opened in accordance with Basta’s standard bidding increments. You agree that all bids that you submit are final and irrevocable. Basta reserves the right, in its sole discretion, to refuse your participation before, during, or after the sale.

i. Registration is required to participate in any Basta facilitated auction. You will be required to provide some personal information such as name, valid email address, credit card information, mobile phone number or government ID. We may use this information to verify your identity. If you register to bid on a Basta sale, you agree you are at least the age of majority in your state, province or country and you will provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data"). If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that the Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services. You may edit or update your Registration Data by contacting us at jake@basta.app

ii. You have the option to register through Facebook, Google or Email. If you register through email, you will create a password. You are responsible for maintaining the confidentiality of any such password and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We are not liable for any loss or damage arising from any unauthorized use of your account.

iii. By accessing the Services, you agree to be bound by these Terms and our Privacy Policy. If you purchase merchandise from the Services and/or participate in auctions, you agree to any additional terms relevant to those services (the “Services”). When you register, provide your e-mail address to us, or send us e-mails, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website.

iv. We may change these Terms from time to time, at any time without notice to you, by posting such changes on the Website. You are responsible for periodically checking the Terms. You will know if the Terms have been updated since your last visit to the Website by referring to the “Last Modified” date at the bottom of this page.

6. Bidding.

a. The bidder who places the highest bid accepted by the Seller will be the purchaser of the lot. Basta has absolute discretion in all matters relating to bidding, including, but not limited to, identifying the winning bidder, handling mistakes or errors in bidding, re-opening bidding, canceling the sale, and re-offering the lot for sale. Basta and the Seller are not liable for any errors in the bidding process. As soon you place and confirm your bid amount, your bid is submitted. You accept and agree that bids submitted by you are final. Basta and the Seller are not responsible or liable for any problems, delays, or other issues resulting from the use of the Internet, including but not limited to transmission, execution, or processing of Bids. A bidder should make certain to bid on the correct lot. The Bidder should make sure the bid price they enter (including any taxes or fees) is the price they are willing and able to pay. Once the hammer has fallen and the Basta auction has announced the winning Bidder, that Bidder is unconditionally bound to pay for that lot, even if the Bidder has made an error. A bid(s) entered by mistake on the part of a bidder is NOT grounds for cancellation of that bid. Each bidder is responsible for his or her own account and bids. In addition, allowing access to another who enters a bid without your knowledge is NOT grounds for cancellation of a bid.

b. “Maximum Bids.” Instead of placing multiple bids on a lot, you may enter a “maximum bid.” The Seller’s auction, powered by auction software vendor Basta.app, will then execute your maximum bid in response to competitive bids based on standard bidding increments in an amount up to, but not exceeding, the amount of your maximum bid. You may increase the amount of your maximum bid while the auction is in progress, but you may not lower your maximum bid after it has been submitted.

c. Bidding Notifications. Basta will send you electronic notices (via email) when you have registered to bid, placed a bid, been outbid, or at the conclusion of the auction in the event you are the winning bidder.

d. Extension of bidding time. If a bid is received within the final two (2) minutes of bidding time on a lot, the time within which an additional bid may be placed will be extended for two (2) minutes. Such extensions will continue each time an additional bid is placed until there has been no bidding for two (2) minutes.

e. Bidding Increments. Bids may only be entered in the increment table provided by Basta.

7. Withdrawal.

a. Basta reserves the right to withdraw any lot before, during, or after the sale; we shall have no liability whatsoever for such withdrawal.

8. Bidder Representation.

a. By participating in the sale, you represent, warrant, and agree that:

b. Neither you individually nor—if “you” are a company or other entity—any person who owns, partly owns, or controls the company or entity, are subject to trade sanctions, embargoes, or any other restriction on trade in the jurisdiction in which you or it does business, as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States (collectively, “Sanctioned Person(s)”);

c. None of the purchase price will be funded by any Sanctioned Person(s), nor will any party involved in the transaction, including, but not limited to, financial institutions, freight forwarders or other forwarding agents, or any other party, be a Sanctioned Person(s), nor owned (in whole or in part) by a Sanctioned Person(s), nor controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation; and

d. You are financially sound and know when and how you will pay for the lot if you are the winning bidder.

9. Winning Bidder’s Obligations.

a. Subject only to these Conditions of Sale, the closing of the lot establishes a binding contract and the winning bidder. Basta directs the winning bidder to a Stripe powered payment portal, where the winning bidder must complete payment for the item within twenty four (24) hours. If the winning bidder does not complete the transaction within the 24 hour period, they lose their status as the winning bidder and forfeit their right to the item.

b. Payment. The winning bidder must pay the full price invoiced through the Stripe payment portal (including bid processing fee, applicable tax, and other amounts due), so that it is received by Basta and the Seller within one (1)) business days of the date of the close of the auction. All bidders agree to comply with and be bound by the Stripe Terms and Conditions.

c. Tax. Unless exempted by law, the purchaser will be required to pay the applicable state and local sales tax on the total purchase price, including the bid processing fee, regardless of the state or country in which the purchaser resides or does business. If the lot is delivered to a state where Seller is not required to collect sales tax, it is the responsibility of the buyer to self-assess any sales or use tax and remit it to the taxing authorities in that state.

d. Title. Title to, and right to possess, a lot will not pass until Basta and Seller has received the full purchase price in good, cleared funds. Seller is not obligated to release a lot to the winning bidder unless he, she, or they have paid the full purchase price (inclusive of the bid processing fee, taxes, and any other costs identified by Basta or Seller)

e. Collection of Property. Unless otherwise agreed to in writing, purchasers must arrange for the lot to be delivered to them, at their expense, within 30 days of the auction. Seller or Basta's liability for loss or damage to the Lot shall cease upon the earlier of (a) 30 calendar days after the auction or (b) the release of the Lot to your designated agent.

f. Exports and Permits. It is the purchaser’s sole responsibility to identify and obtain any necessary export, import, or other permit for the lot. Any notices in the lot description reflect Sellers reasonable opinion at the time of publication and are for bidders’ general guidance only. Basta makes no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes

Items and experiences are sold AS IS:.We do not guarantee the authenticity of the lot or that you will receive good title to the lot, Basta is not the seller, but merely facilitates the interaction between bidder and seller . YOU AGREE THAT EACH LOT IS SOLD “AS IS” AND IN THE CONDITION THAT IT IS IN AT THE TIME OF THE AUCTION. BASTA MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS OF THE CATALOGUE OR OTHER IMAGES, OR DESCRIPTIONS OF THE PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, MEDIUM, FRAME, PROVENANCE, EXHIBITIONS, LITERATURE, OR HISTORICAL RELEVANCE OF ANY LOT. No statement anywhere, whether oral or written, whether made in an advertisement, a bill of sale, or elsewhere, can be relied on by you or others to be a warranty, representation, or shall give rise to the liability of Basta or the Seller. Images and condition reports are not meant to be complete or a substitute for assessing the condition of the lot yourself or through an agent you may engage; they are for guidance only. Nothing in any written or oral descriptions of a lot constitutes a representation of fact; they represent the opinions held by the Seller only. Experiences auctioned through Basta require the winning bidder to coordinate the details with Seller to complete. That process normally involves messaging and scheduling between lot winners and sellers. Details discussed include but are not limited to experience dates, arrival procedures, airfare, hotel accommodations, restrictions, will-call requirements, and any other on-site notes. Scheduling requires an initial request sent by the customer, and a followup confirmation submitted by relevant redemption contacts. By using Basta to bid and win lots, bidders agree that scheduling is subject to the Seller’s availability. In addition, bidders agree that they are bound by all site terms of use and auction conditions of sale. The experience may not be resold or re-auctioned. Travel and accommodations are not included. We expect all winning bidders and their guests to conduct themselves appropriately when attending an experience won through Basta. Decorum and adherence to all rules and guidelines are a must. Blackout dates may apply. To be scheduled at a mutually agreed upon date, based on the experience providers availability.

IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE WEBSITE OR THE SERVICES.

10. Data Protection and Privacy Policy: The Basta System is not designed (or intended) to process or manage any sensitive data, which includes sensitive data or information that is legally required to be protected against unwarranted disclosure, and includes without limitation (i) protected health information (which by way of illustration but not limitation includes such data as defined under HIPAA), or other similarly sensitive personal information, and/or (ii) special categories of personal data (such as those set forth in Article 9 of the GDPR) with respect to any natural person and/or (iii) any payment card information. Basta does not permit or cause its users to disclose any Sensitive Data to the Basta System. From time to time, Basta may work with third party vendors for the purposes of authenticating and verifying bidder information. Basta will never retain this information for longer than the auction period and will not have access to any such personal or sensitive user information upon auction close. This is solely for the limited purpose of running a safe and secure auction.

Under European data protection laws, you may object, by request and free of charge, to the processing of your information for certain purposes, including direct marketing, you may access and rectify personal data relating to you, and may obtain more information about Basta’s data protection policies by writing to jake@basta.app

EU CONSUMER RIGHTS DIRECTIVE. If you are a consumer habitually residing in the European Union and the Seller of the lot you have bought is not a consumer, you have the right under the EU Consumer Rights Directive to cancel your online purchase within 14 days of the date you collect the lot or it is delivered to you.

If you qualify for the cancellation right and wish to exercise it, you must notify us in writing within 14 days of the date you collect the lot, or it is delivered to you (“Cancellation Period”). You are considered to have collected a lot if you collect, or someone you authorize, collects the lot on your behalf. Within 14 days of sending us the cancellation notice, you must return the property to us at your own cost in the same condition as when it was collected by or delivered to you. If a lot was delivered to you, you should use the same shipping method that was used to deliver the lot to you to return the lot. You must pay all return shipping costs, including any applicable import and customs fees, charges and taxes, and answer for any loss or damage to the lot incurred after it was released to you.

Upon receiving the lot, and provided it is in the same condition as when the lot was collected by or delivered to you, we will reimburse the Purchase Price you paid (less any deductions for loss in value of the Property due to your actions or those of one or more of your agents) by the same means that you used to pay the invoice.

11. Basta’s Rights.

a. Concerns about Funds. Basta has the right to refuse to accept payment if, in its sole discretion, it has concerns about the accuracy of any of the representations and warranties above, payment comes from a source other than the registered winning bidder identified by Basta as the purchaser of record, or if it believes that accepting the payment would be unlawful or may subject Basta to any liability.

b. Unmet Payment Obligations. If you fail to pay the full purchase price invoiced (including bid processing fee, applicable tax, and other amounts due) for a lot in good, cleared funds within one (1) days of the close of the auction, we may in our sole discretion exercise one or more of the following remedies:

i. Cancel the sale of the lot, retaining any partial payment as liquidated damages;

ii. Charge interest at 12% per annum from the date payment became due until the date the full purchase price is received in cleared funds; iii. Resell the lot by auction or private sale, with estimates and a reserve set at Basta’s reasonable discretion, it being understood that in the event such resale is for less than the original hammer price plus bid processing fee for that lot, the initial purchaser will remain liable for the shortfall together with all costs incurred in connection with such resale;

iii. Commence legal proceedings to recover the hammer price plus bid processing fee for that lot, together with interest, reasonable attorney’s fees, and the costs of such proceedings; v. Set off the outstanding amount remaining unpaid by the purchaser against any amounts which we may owe the purchaser in any other transactions; and/or

iv. Release information about the winning bidder sufficient to enable the Seller to recover the amounts due from the auction, plus costs and reasonable attorneys’ fees, in legal proceedings or otherwise.

12. Resolving Disputes. We hope never to have any disputes with you but, if we do, we will first try to resolve it amicably if we (in our sole discretion) believe that we reasonably can. If we do not resolve the dispute, this section contains the important terms to which you and other bidders agree by participating in the auction.

a. Governing Law and Jurisdiction. These Conditions of Sale, as well as bidders’, the purchaser’s, and our respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of Iceland. You agree to submit to the exclusive jurisdiction of courts located in the Country of Iceland.

b. Limitation of Liability. Under no circumstances shall the aggregate liability of Basta and the Seller to a purchaser exceed the purchase price actually paid. Basta will not be liable for any errors or failures to execute bids or for any errors or failures caused by (i) a loss of connection to the internet or the Basta online platform by either Seller or a bidder; (ii) a breakdown or problem with Basta’s online platform software; or (iii) a breakdown or problem with a bidder’s Internet connection, mobile network, or computer.

c. Allocation of Dispute Costs. The prevailing party—you or we as determined by the court—will be entitled to recover the costs of the dispute, including reasonable attorneys’ fees and other costs, plus interest at the rate authorized by the law of Iceland.

13. Disclaimer of Warranties; Limitation of Liability; Release; Indemnification

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Basta's applications may not occur in real time. Such functionality is subject to delays beyond Basta's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, in no event will Basta (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this User Agreement whether or not they were foreseeable or Basta was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

14. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BASTA HAVE AGAINST EACH OTHER ARE RESOLVED.

In this Legal Disputes section, the term "related third parties" includes your and Basta’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Basta's, and these entities' respective employees and agents.

You and Basta each agree that any and all claims or disputes at law or equity that has arisen, or may arise, between you and Basta(or any related third parties) that relate in any way to or arise out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Basta or its agents, or any products or services sold, offered, or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes section. You agree that, except to the extent inconsistent with or preempted by laws of Iceland without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Iceland, except as otherwise stated in this User Agreement.

15. Prohibited Activities

You agree that you will not do any of the following: • Fail to comply with any applicable statutes, orders, regulations, rules, and other laws; • Use the Website for any fraudulent or unlawful purpose; • Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Services any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising; • Reproduce, duplicate or copy any Content or sell or otherwise exploit for any commercial purposes any portion of, the use of or access to Basta or the Services; • Breach or attempt to breach the security of Basta; • Interfere with the Services by submitting any virus, worm, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, Basta or the Services; or • Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the Services.

16. Intellectual Propert

All content appearing on the Services (the “Content”) are protected intellectual property of, or used with permission or under license by, Basta. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. All intellectual property rights associated with the Website are proprietary to us or our licensors. You do not acquire any right, title or interest in any content by accessing the Services.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide us 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 Content that you claim is infringing is located on the site; (iv) your address, telephone number, and e-mail address; (v) 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 (vi) a statement by you, made under penalty of perjury, that the above information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notices of claims of copyright infringement should be directed to: jake@basta.app

17. Third Party Links

The Basta Services may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to Basta or a Basta Sale, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

18. International Users

Basta is controlled, operated and administered by Basta from our offices within Iceland and is not intended to subject us to the laws or jurisdiction of any country or territory other than that of Iceland. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN ICELAND. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws.

19. Governing Law/Disputes

These Terms and the Privacy Policy shall be governed by and construed and enforced in accordance with the laws of Iceland. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Privacy Policy shall be instituted exclusively in Iceland. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. Limitation of Liability

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT ON THE SERVICES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK. THE CONTENT OF BASTA SALES IS PROVIDED BY SELLERS “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NONINFRINGEMENT.

BASTA AND ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES, THE WEBSITE’S CONTENT, OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR COMPUTER VIRUSES, NOR SHALL THERE BE ANY LIABILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

BASTA AND ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Last Modified: October 23, 2023