Effective as of February 5, 2017
Welcome to the Beta version of Badger! Badger is a community where people connect through life experiences and events by sharing photos of fun and exciting adventures.
THERE ARE DANGERS AND RISKS ASSOCIATED WITH SOME OF THE ACTIVITIES REQUIRED TO EARN BADGES. BADGER DOES NOT ENCOURAGE OR PROMOTE ANY ACTIVITY AND YOU AGREE TO USE YOUR BEST JUDGMENT IN ENGAGING IN ANY ACTIVITIES. PLEASE CONSULT YOUR DOCTOR BEFORE ENGAGING IN ANY ACTIVITY. YOU AGREE THAT ANY ACTIVITIES UNDERTAKEN BY YOU ARE PERFORMED AT YOUR OWN RISK.
To use the Service, you must create an account by providing us with your name and a valid email address. You can access your account information at any time through the Service. You agree that you will supply truthful, accurate and complete information to Badger, and that you will update such information promptly in the event that it changes. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, Badger may terminate your use of the Service.
You are responsible for maintaining the confidentiality of your account and for all activities which occur through the use of your account. You agree to: (i) immediately notify Badger of any unauthorized access to or use of your account or any other breach of security; and (ii) ensure that you secure your account, computer and mobile device from third party access. Badger will not be liable for any loss or damage arising from your failure to comply with this Section 2.
You agree that you will not:
As between you and Badger, all software (including source code), logos, icons, the Service’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, and selection and arrangement of the content (other than User Content) and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein are owned solely and exclusively by Badger and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. Badger and its licensors reserve all rights in connection with the Service and its content including, without limitation, the exclusive right to create derivative works therefrom. Except for the limited use right granted to you in Section 3, you have no right, title or interest in or to the Service and any such content.
The Badger name and all related names, logos, product and service names, designs and slogans, are trademarks of Badger or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Badger.
The Service may provide links to other websites or resources by third parties (“Third Party Sites”). These Third Party Sites are provided for your convenience only and are not reviewed, controlled, examined, sponsored, or endorsed by Badger and Badger is not responsible for the information, advertising, products, resources or other material of any Third Party Site, or any link contained in a Third Party Site. YOUR USE OF ANY SUCH THIRD PARTY SITES IS AT YOUR OWN RISK. None of the Badger Parties (as defined in Section 14) shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any content, goods or services available on any Third Party Sites.
You shall not (and shall not permit any third party to) create, upload, download, post, submit or otherwise distribute or facilitate distribution of any User Content on or through the Service, that:
THERE ARE MANY DIFFERENT TYPES OF BADGES THAT MAY BE EARNED ON THE SERVICE. SOME OF THE ACTIVITIES INVOLVE HIGH-RISK, DANGEROUS ACTIVITIES THAT COULD RESULT IN INJURY, PROPERTY DAMAGE OR EVEN DEATH. PLEASE USE YOUR JUDGMENT WHEN DETERMINING WHETHER TO ENGAGE IN ANY ACTIVITY AND TAKE THE TIME TO FULLY UNDERSTAND THE DANGERS AND RISKS ASSOCIATED WITH SUCH ACTIVITIES. BADGER DOES NOT PROMOTE OR ENCOURAGE ANY ACTIVITY AND CANNOT BE HELD LIABLE IF YOU GET INJURED OR SOMETHING GOES WRONG. EVERYONE’S CONDITION AND ABILITIES ARE DIFFERENT, AND PARTICIPATING IN THE ACTIVITIES YOU LEARN ABOUT THROUGH THE SERVICE IS AT YOUR OWN RISK. SOME ACTIVITIES NEEDED TO EARN BADGES MAY POSE RISKS EVEN TO THOSE WHO ARE CURRENTLY IN GOOD HEALTH.
BADGER CARES ABOUT YOUR SAFETY. YOU SHOULD CONSULT WITH YOUR HEALTHCARE PROVIDER(S) AND CONSIDER THE ASSOCIATED RISKS BEFORE USING THE SERVICE IN CONNECTION WITH ANY PHYSICAL ACTIVITY. IF YOU EXPERIENCE A MEDICAL EMERGENCY WHILE USING THE SERVICE, STOP AND CONSULT WITH A MEDICAL PROFESSIONAL. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM YOUR PARTICIPATION OR ENGAGEMENT IN ANY ACTIVITY YOU LEARN ABOUT THROUGH THE SERVICE. IF YOU ENGAGE IN ANY ACTIVITIES YOU LEARN ABOUT THROUGH THE SERVICE YOU AGREE THAT YOU DO SO OF YOUR OWN FREE WILL AND ACCORD AND AT YOUR OWN RISK AND ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND ASSUMING ALL RISKS ASSOCIATED WITH SUCH ACTIVITIES. USE OF THE SERVICE SHOULD NOT REPLACE YOUR GOOD JUDGMENT AND COMMON SENSE.
As part of your use of the Service, you may receive notifications, alerts, or emails. You agree to the receipt of these communications. You may opt-out of these communications by following the directions to unsubscribe as set forth in the emails but you may still receive emails and communications which are necessary for your use of the Service.
Anyone who believes that his or her work has been reproduced in the Service in a manner which constitutes copyright infringement may submit a notification to Badger’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. If you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
Notices of copyright infringement claims should be sent by mail to: Badger Media, Inc. 2 Hancock St. #920, Quincy, MA 02171; or by email to firstname.lastname@example.org. Badger will respond expeditiously to claims of copyright infringement using the Service that are reported to Badger’s copyright agent in the notification explained above. It is Badger’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
The Service is currently in the beta stage of its development. As a participant in the beta version of the Service, you are obtaining early access to the Service. You acknowledge the confidential nature of the Service and agree not to disclose any information regarding the Service (including all content and functionalities thereon) to any third party, except with our express prior written consent. As a participant, we may ask you from time to time during the beta period for your input and feedback regarding the Service or for other information relating to your experiences and practices relating to the Service. Any such input, feedback or information you provide will become our property and you assign all rights in such input, feedback and information to us, and we may use that information for our business or other purposes, including without limitation, to continue improving the Service.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. Badger shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any other content made available via the Service.
YOU ACKNOWLEDGE AND AGREE THAT BECAUSE THE SERVICE IS A BETA VERSION, THE SERVICE MAY BE WITHDRAWN FROM AVAILABILITY AT ANY TIME, WITH OR WITHOUT NOTICE. FURTHERMORE, THE SERVICE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NONE OF BADGER, ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PERSON INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SERVICE (THE “BADGER PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, COMPLETENESS, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED OR ERROR-FREE ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.
EXCEPT AS OTHERWISE SET OUT IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BADGER SHALL NOT BE RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY INJURIES OR DAMAGES THAT ARE SUSTAINED FROM YOUR PHYSICAL ACTIVITIES OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR FEATURES OF THE SERVICE, INCLUDING ANY CONTENT OR ACTIVITIES THAT YOU ACCESS OR LEARN ABOUT THROUGH OUR SERVICE, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF BADGER OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PROVIDER IS TO STOP USING THE SERVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Badger Parties shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.