Terms of Use
By accessing the Badge Encounters website, you are indicating your acceptance to be bound by the provisions of these Terms of Use. If you do not accept the Terms of Use stated here, do not access the site. Badge Encounters may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use because they are binding on you. The terms “you” and “User” as used herein refer to all individuals and/or entities accessing this website for any reason.
You may not use this website to submit, transmit, distribute, store or destroy material, including, without limitation, this website’s content (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, or that will violate the privacy, publicity or other personal rights of others, reveal confidential information or otherwise violate third-party proprietary rights without permission; or (c) in a manner that is profane, defamatory, violent, obscene, threatening, abusive or hateful, or that is potentially libelous or inflammatory. You also are prohibited from violating or attempting to violate the security of the Badge Encounters site, including, without limitation, the following activities: (a) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; (b) attempting to interfere with communication to any user, host or network, including, without limitation, by submitting a virus to this site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; or (c) solicitation or advertisement. Violations of system or network security may result in civil or criminal liability. Badge Encounters will investigate possible violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Submissions may be used by Badge Encounters for any purpose in any form without the permission of the submitter and without any consideration apart from participation in accordance with these Terms of Use. By providing submissions to Badge Encounters, you are: (a) giving Badge Encounters a worldwide, nonexclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of and display your submission in connection with the Badge Encounters website and the Badge Encounters activities, including, without limitation, for promoting and redistributing part or all of the Badge Encounters website (and derivative works thereof) in any form or media, now known or hereafter devised, in all languages throughout the world; (c) agreeing and representing that, unless you are the owner of such rights or have permission from the rightful owner, you have not submitted material that (i) is copyrighted or protected by trademark or trade secret or other intellectual property rights of others; (ii) violates the privacy, publicity or other personal rights of others; or (iii) reveals confidential information or otherwise violates the third-party proprietary rights of others; (d) agreeing and representing that you have not submitted material that is profane, defamatory, violent, obscene, threatening, abusive or hateful, or that is potentially libelous or inflammatory; (e) affirming, representing and/or warranting that you own or have the necessary licenses, rights, consents and permissions to use and authorize Badge Encounters to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions in the manner contemplated by these Terms of Use. Badge Encounters reserves the right to not post submissions and to remove submissions without prior notice, at the sole discretion of Badge Encounters.
Badge Encounters does not warrant that the Badge Encounters website will operate error-free or that the servers are free of computer viruses or other harmful mechanisms. If your use of the website results in the need for servicing or replacing equipment or data, Badge Encounters is not responsible for those costs. In no event shall Badge Encounters be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use the site, whether based on warranty, contract, tort or any other legal theory, and whether or not Badge Encounters is advised of the possibility of such damages. Badge Encounters, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, in connection with the website and your use thereof. Badge Encounters makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site, and assumes no liability or responsibility for any direct or indirect, incidental, special, punitive or consequential damages whatsoever resulting from (a) any errors, mistakes or inaccuracies of content; (b) personal injury or property damage of any nature whatsoever resulting from your access to or use of the Badge Encounters website; (c) any interruption or cessation of transmission to or from Badge Encounters websites; (d) any bugs, viruses, Trojan horses or the like, which may be transmitted to or through Badge Encounters websites by any third party; and/or (e) any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via Badge Encounters websites. Badge Encounters shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party, and the risk of harm or damage from the foregoing rests entirely with you.
You agree to defend, indemnify and hold harmless Badge Encounters, its officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of the Badge Encounters website for the purpose of accessing videos and from making submissions to the Badge Encounters websites; (b) your violation of any term of these Terms of Use; (c) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (d) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Badge Encounters websites.