Terms and Conditions of Use

Last Updated: August 28, 2024

Welcome to the BADam.pro Websites! BADam.pro and/or its affiliates (“BADam.pro”) provide website features and other products and services to you when you visit or shop at the websites operated by BADam.pro, use BADam.pro products or services, use BADam.pro applications for mobile, or use software or data provided by BADam.pro in connection with any of the foregoing (collectively, together with any use of the sites, “BADam.pro Services”). BADam.pro provides the BADam.pro Services subject to the following conditions.

By using BADam.pro Services, you agree to these conditions. Please read them carefully.

We offer a wide range of BADam.pro Services, and sometimes additional terms may apply. When you use a BADam.pro Service you also will be subject to the guidelines, terms and agreements applicable to that BADam.pro Service (“Service Terms”). If these Terms & Conditions of Use (“Conditions of Use”) are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Policy, which is incorporated into these Conditions of Use and also governs your use of BADam.pro Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any BADam.pro Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the sites or through the other BADam.pro Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any BADam.pro Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of BADam.pro or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any BADam.pro Service is the exclusive property of BADam.pro and protected by U.S. and international copyright laws.

TRADEMARKS

BADam.pro trademarks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any BADam.pro Service are trademarks or trade dress of BADam.pro in the U.S. and other countries. BADam.pro’s trademarks and trade dress may not be used in connection with any product or service that is not BADam.pro’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BADam.pro. All other trademarks not owned by BADam.pro that appear in any BADam.pro Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BADam.pro.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, BADam.pro or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the BADam.pro Services. This license does not include any resale or commercial use of any BADam.pro Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BADam.pro Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by BADam.pro or its licensors, suppliers, publishers, rightsholders, or other content providers. No BADam.pro Service, nor any part of any BADam.pro Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BADam.pro. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BADam.pro without express written consent. You may not use any meta tags or any other “hidden text” utilizing BADam.pro’s name or trademarks without the express written consent of BADam.pro. You may not misuse the BADam.pro Services. You may use the BADam.pro Services only as permitted by law. The licenses granted by BADam.pro terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

If you use any BADam.pro Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BADam.pro does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the BADam.pro Services only with the involvement of a parent or guardian. BADam.pro reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BADam.pro reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant BADam.pro a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BADam.pro and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BADam.pro for all claims resulting from content you supply. BADam.pro has the right but not the obligation to monitor and edit or remove any activity or content. BADam.pro takes no responsibility and assumes no liability for any content posted by you or any third party.

BADam.pro SOFTWARE TERMS

In addition to these Conditions of Use, the terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with BADam.pro Services (the “BADam.pro Software”).

OTHER BUSINESSES

BADam.pro may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. BADam.pro does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE BADam.pro SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BADam.pro SERVICES ARE PROVIDED BY BADam.pro ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BADam.pro MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BADam.pro SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BADam.pro SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BADam.pro SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BADam.pro DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BADam.pro DOES NOT WARRANT THAT THE BADam.pro SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BADam.pro SERVICES, BADam.pro’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BADam.pro ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BADam.pro WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BADam.pro SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BADam.pro SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any BADam.pro Service will be adjudicated in the state or Federal courts in Salt Lake County, Utah, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

APPLICABLE LAW

By using any BADam.pro Service, you agree that applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BADam.pro.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to the sites, policies, Service Terms, the Privacy Policy and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Additional BADam.pro Software Terms

1. Use of the BADam.pro Software. You may use BADam.pro Software solely for purposes of enabling you to use and enjoy the BADam.pro Services as provided by BADam.pro, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the BADam.pro Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the BADam.pro Software or otherwise assign any rights to the BADam.pro Software in whole or in part. You may not use the BADam.pro Software for any illegal purpose. We may cease providing any BADam.pro Software and we may terminate your right to use any BADam.pro Software at any time. Your rights to use the BADam.pro Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain BADam.pro Software that are specifically identified in related documentation may apply to that BADam.pro Software (or software incorporated with the BADam.pro Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any BADam.pro Service is the property of BADam.pro or its software suppliers and protected by United States and international copyright laws.
2. Use of Third Party Services. When you use the BADam.pro Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the BADam.pro Software, whether in whole or in part, or create any derivative works from or of the BADam.pro Software.
4. Updates. In order to keep the BADam.pro Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the BADam.pro Software. If you are a U.S. Government end user, we are licensing the BADam.pro Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the BADam.pro Software are the same as the rights we grant to all others under these Conditions of Use.