User Agreement
Terms of Service:

This Agreement outlines the terms and conditions between the customer and Badger Screen Printing for the use of our website and services. By accessing and using this website and its services, you agree to be bound by the terms of this Agreement.

By accessing or using our website and services, you acknowledge and agree to these Terms of Service. If you do not agree with any of these terms, you must leave this website and cease using our services. Your continued use of our website and services constitutes acceptance of these terms.

We may update or modify these terms from time to time, without prior notice. It is your responsibility to review this Agreement periodically to stay informed of any changes. Continued use of our services after any changes constitutes your acceptance of the updated terms.

Please be aware that this is a legally binding agreement. By remaining on this website or using our services, you agree to comply with all terms and conditions outlined herein.

1. Badger Screen Printing Services:

- Create, design, and customize products that are listed for sale.

- Purchase products that are listed for sale. 

- Save and share designs you may have created.

- Use our creative tools for designing images and graphics.

- Save your created images and designs to both public and personal galleries.

- Share your designs on social networks or blogs where you have the legal right to do so.

- Register to receive special offers and access your galleries.

 

2. Using Badger Screen Printing Services and Website

In consideration of the promises and obligations outlined herein, and with the intention to be legally bound, these Terms of Use are provided as follows:

2.1 Eligibility: Children Under 18

Badger Screen Printing will only provide products or services to individuals who can lawfully enter into and form binding contracts under applicable law.

If you are under the age of 18 but at least 13 years old, you may order products or services only with the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Children under the age of 13 may view the website but may not order products or services.

2.2 Definitions and Interpretation

In these Terms of Use, unless the context indicates otherwise:

- Intellectual Property Rights means all industrial, commercial, and intellectual property rights, including equivalent, neighboring, or proximate rights anywhere in the world, whether currently existing or recognized in the future.

- A person refers to any legal entity or quasi-legal entity.

- A User refers to any person accessing or using the website and/or services provided by Badger Screen Printing.

- Any reference to documents, materials, information, or data includes those items in any form, whether stored, recorded, or embodied, including electronic or digital media or otherwise.

- The term “includes” is not meant to limit the scope of the items listed.

 

3. User's Obligations
3.1 Responsibilities

Users are solely and exclusively responsible, at their own cost, for the following:

- All telecommunications lines, modems, communication controllers, routers, multiplexers, terminals, and any other equipment, hardware, and software necessary to access and use the Website and services.

- The use of the Website, including any articles, materials, literary or artistic works, designs, or other content they author, invent, create, develop, or produce.

- Complying with all applicable laws, regulations, and rules in their country or jurisdiction.

- Adhering to any recommendations or guidelines issued by Badger Screen Printing regarding the use of the Website and/or services.

- Ensuring that any electronic or other media used in connection with the Website and services complies with these Terms of Use and all applicable laws, regulations, and rules.

3.2 Restrictions on Users
Users shall not, and have no right to:

- Reproduce, publish, distribute, sub-license, or resell the Website and/or services to any person.

- Use the Website to supply any service to any person.

- Modify, adapt, disassemble, recompile, or reverse-engineer the Website or services.

- Access or use the Website and/or services to create, author, design, manufacture, market, publish, transmit, broadcast, distribute, or sell any article, product, material, or other matter that:

   - Infringes the rights of any person, including Intellectual Property Rights, trade secrets, or rights of privacy and publicity.

   - Is libelous, defamatory, or slanderous.

   - Promotes, contains, or links to adware, cracks, hacks, or similar programs.

   - Contains explicit sexual content.

   - Denigrates or offends any ethnic, racial, gender, religious, or other group through language, images, stereotypes, or otherwise.

   - Harasses, threatens, defames, or abuses others.

   - Exploits images or likenesses of minors.

   - Encourages drug use or underage consumption of alcohol or cigarettes.

   - Is generally offensive or in poor taste.

   - Use "Spam," "blast-faxes," or recorded telephone messages to market or sell any products or services.

- Use, transfer, or implant a virus, routine, or any program that disrupts, disables, or interferes with the Website and/or services.

- Take any action that imposes an unreasonable or disproportionately large load on the Website or services.

- Use a robot, spider, or other automated process to monitor activity on or copy pages from the Website or services.

- Collect electronic mail addresses or other information from the Website.

- Impersonate another person or entity.

- Engage in any activity that interferes with others' ability to use or access the Website and/or services.

- Assist, procure, or aid any person in engaging in activities prohibited by these Terms of Use or any relevant law, regulation, or rule.

- Frame or link to the Website in such a way that it appears as part of another website without a specific agreement.

THE USER ACKNOWLEDGES AND AGREES THAT Badger Screen Printing MAY, AT ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TERMINATE THESE TERMS OF USE, DISABLE ACCESS TO THE WEBSITE AND SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN PROHIBITED ACTIVITIES OR CONDUCT, WHETHER UNDER THESE TERMS OF USE OR ANY RELEVANT LAW, REGULATION, OR RULE.
 

4. Badger Screen Printing Obligations
4.1 Access to and Use of the Website and Services
Subject to the user’s compliance with and fulfillment of all obligations under these Terms of Use, Badger Screen Printing shall grant the user access to and allow the use of the Website and services.
4.2 Privacy
Badger Screen Printing may collect personal data concerning the user in the course of, and incidental to, the user’s use of the Website and services. Badger Screen Printing will comply with its Privacy Policy, and the user hereby irrevocably and unconditionally consents to the collection, use, and disclosure of such data in accordance with the Privacy Policy (which can be accessed via the link on the Website).
4.3 Training
The user acknowledges that Badger Screen Printing has no obligation to provide any training or other support related to the use or operation of the Website and/or services.
4.4 Modification of the Website
Badger Screen Printing reserves the right to modify the organization, structure, content, or "look and feel" of the Website and/or services. Badger Screen Printing may change, suspend, or discontinue any aspect of the Website and/or services at any time, without prior notice or any liability to the user or any other person. Badger Screen Printing shall have complete discretion over the features, functions, and other terms and conditions on which the Website and services are made available.

5. Intellectual Property Rights
5.1 Reservation of Title

The user acknowledges that these Terms of Use do not grant, nor does the user derive, any right, title, or interest in or to any Intellectual Property Rights related to the Website and/or services, except as expressly authorized under clause 4.1. Badger Screen Printing grants the user a limited, revocable license to access and use the Website and services for their intended purposes, subject to the user’s compliance with these Terms of Use. This license does not include the right to:

- Collect or use information from the Website for purposes prohibited by Badger Screen Printing.

- Compete with Badger Screen Printing.

- Create derivative works based on the layout, design, look-and-feel, or structure of the Website.

- Download or copy the Website (other than for page caching).

If the user exceeds the scope of this license or breaches these Terms of Use, Badger Screen Printing may revoke the license and deny the user access to and use of the Website.

5.2 Prohibition on Infringement
The user acknowledges and agrees that Badger Screen Printing does not permit, authorize, or condone any actions that infringe, or are likely to infringe, the Intellectual Property Rights or any other rights or privileges of any person, anywhere in the world. Badger Screen Printing expressly prohibits the user from accessing or using the Website and/or services in such a manner.
5.3 Derivative Material
Subject to clause 5.2, the user shall retain ownership of any Intellectual Property Rights in original material they create, design, or author using the Website’s functionality. However, if the user chooses to add any material to a public gallery, the user hereby grants Badger Screen Printing an irrevocable, perpetual, non-exclusive, worldwide license to use, perform, display, and reproduce the material (and to authorize others to do so) in consideration of the authorization granted under clause 4.1.

 

6. Registration

User Account, Password, and Security
- Upon completing the Site's registration process, you will receive a password and account designation. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to:

(a) Immediately notify Badger Screen Printing of any unauthorized use of your password or account, or any other security breach.

(b) Ensure that you log out from your account at the end of each session.

   - Badger Screen Printing cannot and will not be held liable for any loss or damage arising from your failure to comply with this section.

 

7. Warranties

7.1 User Warranties
The user represents and warrants to Badger Screen Printing that, in using the Website and services, the user:

Will not infringe the Intellectual Property Rights, trade secrets, privacy rights, publicity rights, or other legal rights of any person.

Will comply with all applicable laws, rules, and regulations.

Additionally, the user represents and warrants to Badger Screen Printing that:

There are no claims, demands, or any form of litigation pending, or, to the best of their knowledge, threatened, regarding any content used or proposed to be used by the user.

Badger Screen Printing will not be required to make any payments or compensation to any person in connection with the user’s use of such content.

The content does not contain viruses or any other programs or technology that could disrupt or damage the Website and/or services.

7.2 Badger Screen Printing's Warranties
Badger Screen Printing represents and warrants that it has the right to grant access to and license the use of the Website and services to the user, subject to and in accordance with these Terms of Use.

7.3 Caveats
Badger Screen Printing provides the Website and services on an "as is" and "as available" basis. Nothing in these Terms of Use shall be construed as a representation or warranty by Badger Screen Printing that the functionality or operation of the Website and/or services will:

- Be uninterrupted or free of errors or inaccuracies.

- Meet the user’s requirements.

- Operate with the hardware or software used by the user.

- The user acknowledges and agrees that, as with any technology, the Website and services may have errors (or bugs) and may encounter unexpected issues. As a result, the user may experience downtime or errors in the use or operation of the Website and/or services.

- Badger Screen Printing does not control the flow of data through the internet, and such flow depends on the performance of external parties, whose actions or inactions may cause disruptions to internet connections. Badger Screen Printing is not liable for such disruptions.

- Badger Screen Printing does not warrant that any data, information, or other content provided on the Website, whether regarding goods, services, or any other subject, is complete or accurate.

7.4 Exclusion of Implied Warranties
Subject only to Clause 8.1, all conditions, warranties, representations, indemnities, and guarantees regarding the Website and/or any goods or services provided by Badger Screen Printing, that would otherwise be implied by statute, law, equity, trade custom, or prior dealings between the parties (including any implied warranty of merchantability, suitability, fitness for purpose, quiet enjoyment, or non-infringement) are expressly excluded.

7.5 No Representation or Reliance
(a) The user acknowledges that neither Badger Screen Printing nor any person acting on its behalf has made any representation or inducement to the user to enter into these Terms of Use, except for those expressly set out in these Terms of Use.

(b) The user acknowledges and confirms that they do not enter into these Terms of Use in reliance on any representation or inducement by or on behalf of Badger Screen Printing, except for those expressly set out in these Terms of Use.

 

8. Exclusion and Limitation of Liability

8.1 Subject to Law
Nothing in these Terms of Use excludes, restricts, limits, or modifies:

(a) Any implied condition, warranty, or other term that, under applicable law, cannot be excluded or made void;

(b) Liability for breach of these Terms of Use, where such exclusion is unlawful or void under applicable law;

(c) Liability for fraud or deceit; or

(d) Liability for death or personal injury caused by the negligence of either party.

8.2 Exclusion of Liability
Subject only to Clause 8.1, in no event shall Badger Screen Printing be liable to the user or any other person, under or in connection with these Terms of Use, or in respect of the use of (or failure or performance of) the Website and/or services, for:

(a) Malfunctions, failures, defects, acts or omissions, or any other default or liability caused directly or indirectly by:

   - Any third party

   - Actions of the user that were not expressly authorized by Badger Screen Printing

   - Accident, misuse, or abuse by anyone other than Badger Screen Printing

   - Alteration or modification of the Website and/or services, or any component or part of them, by anyone other than Badger Screen Printing

   - Products (including hardware or software) or services not licensed or supplied by Badger Screen Printing

   - Power surges or failures

   - Events of force majeure or events outside Badger Screen Printing’s control

   - Any other condition not arising under normal operating conditions.

(b) Any loss, cost, damage, or expense arising directly or indirectly from any breach of the user’s obligations or responsibilities outlined in these Terms of Use.

(c) Any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit.

(d) The subscriber’s liability to any third party.

(e) Incidental, indirect, consequential, special, exemplary, or punitive damages of any nature, whether based on common law, civil law, equity, statute, contract, tort (including negligence or strict liability), or otherwise, even if Badger Screen Printing has been advised of the possibility of such loss or damage.

8.3 Links
Badger Screen Printing may, at its sole discretion, place links on the Website to other websites owned or operated by third parties. The user acknowledges and agrees that Badger Screen Printing is not responsible for the operation or content of any such websites. Badger Screen Printing does not warrant that the content of these websites is accurate, complete, legal, or inoffensive. By choosing to link to other websites, the user acknowledges and agrees that they will not hold Badger Screen Printing liable for any damages or losses arising from such links.

8.4 Limitation of Liability
Subject to Clause 8.1, and except where specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, Badger Screen Printing’s sole liability to the user for any breach of any term of these Terms of Use (whether express or implied) shall be limited to the substitution or replacement of any product or service ordered and paid for by the user via the Website.

8.5 Indemnity
The user shall indemnify and unconditionally release Badger Screen Printing from any liability, loss, cost, expense, or damage (including legal fees) arising from:

(a) The user’s use of the Website and/or services, and/or any media or content posted or uploaded by the user, including any alleged or actual violation of law directly or indirectly arising from such use;

(b) Any breach or alleged breach by the user of these Terms of Use;

(c) The misuse or misappropriation of any media or content; or

(d) Any infringement or alleged infringement by the user of any person’s Intellectual Property Rights, rights of privacy, rights of publicity, or other rights anywhere in the world.

 

9. Termination
9.1 Termination
(a) Badger Screen Printing may, at any time and with or without cause, immediately terminate these Terms of Use or any or all rights and privileges granted to the user hereunder, including suspending the user's access to and/or use of the Website and/or the Services provided by Badger Screen Printing. In no event shall any such termination or suspension relieve the user of any obligation that has accrued under these Terms of Use prior to the date of termination or suspension.
(b) The user may terminate these Terms of Use at any time by ceasing to access the Website and use the services.

9.2 Effect of Termination
(a) Upon the expiry or termination of these Terms of Use, Badger Screen Printing may delete any websites, web pages, files, graphics, media, or other content or material related to the user's use of the Website and/or Services. Badger Screen Printing shall have no liability to the user or any other person for doing so.
(b) The expiry or termination of these Terms of Use shall not affect any cause of action, right, remedy, or defense that has accrued or will accrue to either party.

10. General
10.1 Severability
If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
10.2 Variation
Badger Screen Printing may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user's continued access and use of the Website and the Services on or after such effective time constitutes the user's unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the Badger Screen Printing services.
10.3 Waiver
A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.
10.4 Assignment
(a) Badger Screen Printing may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.
10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in Delaware, United States of America (without regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.