TERMS OF SERVICE
Please read these Terms of service before using Badass Lifestyle Magazine. By using our site, you are agreeing to these terms. If you do not agree, do not use the site.
These terms of service of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Badass Lifestyle Magazine (“Company”), including the www.badasslifestylemag.com website (collectively, the “Site”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies.
Binding Arbitration
These Terms of Use provide that all disputes between you and Company that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Company.
1. Ownership of the Site
All pages within this Site and any material made available for download are the property of Badass Lifestyle Magazine, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by us. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content, or other proprietary information (including images, text, page layout, or form) without our express written consent.
2. Site Access, Security, and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) using any scraper, crawler, spider, robot, or other automated means to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Company at any time with or without cause. You agree to defend, indemnify, and hold Company harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.
3. Accuracy and Integrity of Information
Although Company attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party, and Company makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of any such information or Content.
4. Links to Other Sites; Third Party Advertisements
Company makes no representations, warranties, or guarantees whatsoever about any other website that you may access through this Site, or any products advertised by third party vendors on the Site, including with respect to any pricing information for such third party products advertised on the Site. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content or any products marketed on that website. Your use of any non-Company website, including any transactions engaged in connection therewith, may be subject to applicable third party terms of service. We encourage you to be aware when you leave our Site and to read the applicable terms of use, terms of service, or other terms and conditions of each and every website that you access.
In addition, a link to a non-Company website or an advertisement for a third party product does not mean that Company endorses or accepts any responsibility for the use of such linked website, or for the content on such linked website, including any products advertised or sold thereon. It is up to you to take precautions to ensure that whatever you select for your use, purchase, or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. Your communications and dealings with third parties through links to non-Company websites, including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties, and representations associated with any such communications and dealings are solely between you and the applicable third party. If you decide to access any of the third party websites linked to this Site, you are doing so at your own risk.
5. User Generated Content, Reviews, Feedback and Other Postings to the Site
If you submit, upload, or post any articles, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Company that you have the legal right and authorization to provide all User Generated Content to Company for the purposes and Company’s use as set forth herein. Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium, or technology throughout the world. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Company does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify, and hold Company harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any User Generated Content you post or allow to be posted to the Site.
6. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright
Act (“DMCA”) and other applicable law, it is our policy to terminate the accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company (contact information below) with the following information in writing (your “DMCA Notice”):
(a) Identification of the copyrighted work you claim has been infringed;
(b) Identification of the material that you claim is infringing and where it is located on the Site;
(c) Reasonably sufficient information to permit us to contact you (e.g., your address, telephone number, and email address);
(d) 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;
(e) A statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
(f) An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
7. Dispute Resolution; Arbitration Agreement
Any dispute arising out of or relating in any way to your use of the Site requires that such claim be resolved exclusively by binding arbitration. The arbitration shall be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association (AAA), including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), available at the AAA website www.adr.org. The arbitration shall be held in the county in which you reside or at another mutually agreed location. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
8. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Company be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with your use of the Site, whether or not Company has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, Company’s aggregate liability to you for all claims arising out of or in connection with the Site and these Terms of Use, whether in contract, tort, or otherwise, is limited to the amount paid by you, if any, for accessing the Site.
9. Indemnification
You agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective directors, officers, employees, and agents from and against all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (a) your use of the Site; (b) any User Generated Content you post or submit to the Site; (c) your violation of these Terms of Use; (d) your violation of any applicable laws or regulations; or (e) your violation of any third party rights.
10. Governing Law and Jurisdiction
These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflicts of laws principles. Any legal action or proceeding related to your access to or use of the Site shall be instituted in a state or federal court in [Insert County], [Insert State]. You agree and submit to the exclusive jurisdiction of, and venue in, these courts and waive any objection to such jurisdiction or venue.
11. Termination
Company reserves the right to terminate your access to the Site or any feature or portion thereof at any time, without notice, in its sole discretion.
12. Changes to these Terms of Use
Company reserves the right to modify these Terms of Use at any time, without notice, in its sole discretion. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to review these Terms of Use periodically.
13. Contact Information
If you have any questions regarding these Terms of Use, please contact us at:
Last Updated: June 3 2024