All intellectual property on the Platform (except for User Generated Content) is owned by Badger or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Badger Sportswear, LLC dba Founder Sport group name and the A-Star design) are owned, registered and/or licensed by Badger or its licensors. All content on the Platform (except for User Generated Content), including, but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Badger or its licensors, as applicable; All rights reserved.
User Generated Content
When you upload or otherwise input any content to the Platform (“User Generated Content”), you grant Badger and ASICS America Corporation (“ASICS”) and their respective affiliates, a non-exclusive, royalty-free license to use, process, copy, distribute, and create derivative works of the User Generated Content in the performance of the services requested through the Platform, including, but not limited to, sublimation services.
Platform Use Restrictions:
Safeguard Your Username/Password:
You are responsible for any actions that take place while using your Badger account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. Badger is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Badger’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
You agree to indemnify, defend, and hold harmless Badger, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, of any third parties arising from or relating in any way to your (i) unauthorized use of the intellectual property rights such as copyrights, trademarks, trade secrets, or patents provided by you in the User Generated Content; and (b) the activities conducted by you on the Platform, including your gross negligence or willful misconduct with respect to the activities conducted by you on the Platform.
Badger is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, Badger disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Badger cannot guarantee and does not promise any specific results from use of the Platform. Badger does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, Badger does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. Badger reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability:
EXCEPT AS MAY BE OTHERWISE PROVIDED IN ANY OTHER AGREEMENT BY AND BETWEEN BADGER AND ASICS, BADGER SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM EVEN IF BADGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST BADGER FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF BADGER IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, BADGER LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.