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TERMS OF USE

Welcome to BadgePackDesigns.com. Your access to and use of this Website on any computer, mobile phone, tablet, console or other device and the products and services available through this Website (the "Services") are governed by the following terms and conditions (the "Terms of Use") and any applicable law, whether or not you are a registered member. The Terms of Use may be updated from time to time without any notice, and by using the website and the Services, you signify that you have read, understood, agree to and are bound by the Terms of Use. Please read the Terms of Use carefully prior to using the Website. If you do not agree to the Terms of Use, do not use the Website.

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

We may collect information directly from you (“Personal Information”), automatically through your use of our Website, and from third parties. We may combine all the information you give us, data collected from your transactions and communications, and data available publicly and those collected from third party sources.

The Website and its content including, but not limited to, software, HTML codes, scripts, text, artwork, photographs, graphics, icons, images, designs, video, audio, applications, interactive features and written and other material that appear on the Website or made available to you through the Website (the “Content”) are owned by us and remain our proprietary property or that of our licensors, and includes materials protected by copyright, trademark, or patent laws and any applicable law. All intellectual property on the Website is owned, controlled and/or licensed by us. All rights reserved.

RESTRICTION ON USE OF THE WEBSITE

We are committed to and advocate appropriate and legal use of the intellectual property of others and require the same from our visitors/users/members. You may store, print and display the Content for your own personal non-commercial use or to place an order to purchase our products or avail our services. You are not permitted to change or delete any ownership notices from the materials downloaded or printed from the Website. We do not authorise you to publish, alter, distribute, produce, transmit, perform, display, post, modify, create derivative works from or otherwise exploit, in any format, any of the Content appearing on the Website or otherwise made available to you by us or use the same for any commercial purpose. You will not use any data mining, robots, scraping or similar data gathering methods.

We prohibit you from using our Content or Services to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or in a manner infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

Generally, we do not permit you to resell products created using images available on the site commercially. We may permit you to do so if you contact us prior to such resell and verify the legality of reselling such product. Designs created using the text tools and images available through the Website are in no way the exclusive property of the customers who assemble such designs. We retain the right to display such designs or offer them (or variations of such designs) to other customers.

USER GENERATED CONTENT

We acknowledge your ownership of all the content and information posted by you on the Website or provided to us for utilizing our services (“User Generated Content). You will not post any User Generated Content or a link to any website that is, in our sole discretion, illegal, offensive, libellous, defamatory, harassing, false, intimidating, threatening, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context. You agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Generated Content that is protectable as intellectual property, including, without any limitation, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also authorise us to share any User Generated Content with third parties.

You undertake that you own or control all rights in any User Generated Content and the same does not, and will not, infringe or violate any third party’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You agree that you shall not post or provide any User Generated Content unless you are the owner or authorized by the owner to post or provide the same.

We do not pre-screen User Generated Content or warrant that the Website will not contain any User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. We are merely acting in the capacity of a passive channel for such distribution and do not undertake any obligation or liability relating to any User Generated Content or activities of users on the Website. We may opt to monitor any User Generated Content at our sole discretion, and will not assume responsibility for, or have any obligation to monitor or remove, such User Generated Content. We reserve the right to edit, remove, or refuse to post any User Generated Content at our sole discretion.

INTELLECTUAL PROPERTY CLAIMS

We respect the intellectual property rights of others and have a policy of removing submissions by users that violates intellectual property rights of another. If you have reason to believe that your copyright, trademark, or any other intellectual property right is being infringed by a user of the Website, please provide us with a written notice and we shall, upon verification, take appropriate measures to forthwith cease from using such material on the Website and/or on any product manufactured by us and/or in respect of any service rendered by us. In appropriate cases, we will suspend or block access to the Website by any user who uses our site in a manner violating another’s intellectual property rights and/or terminate the account (if any) of such user.

In order for us to respond to your notice or take appropriate measures, it must: (i) contain your physical or electronic signature; (ii) precisely identify the intellectual property alleged to have been infringed in a manner to enable us locate the material; (iv) contain sufficient information (including postal address, telephone number, and e-mail address) to enable us identify and contact you; (v) contain a statement that you have a good faith belief that use of the intellectual property is not authorized by the owner or the owner's agent or the law; (vi) contain a statement affirming that the information contained in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are the owner of the alleged intellectual property right or authorized to act on behalf of the intellectual property right owner.

PRODUCT ORDERS

You agree that your offer to purchase a product by placing an order on the Website is subject to the Terms of Use, availability and confirmation of the order price and acceptance of the offer by us. We reserve the right to refuse to accept or cancel any order after acceptance, with or without any reason, and without liability to you or anyone else. We may reject any order that, in our sole discretion, is considered to be libellous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate. If an order placed by you is cancelled and you have already been charged, the amount charged will be refunded by us.

We will be responsible for acting on instructions that are actually received by us and will not be responsible for malfunctions in communications facilities not under our control that may affect the accuracy or timeliness of any orders placed by you. We will not be responsible for any losses or delays in transmission of orders arising out of the use of any internet access service provider or any browser software or caused by any computer virus or similar glitch that may be attributable to any internet access service provider. We will not be responsible for incorrect instructions provided by you or refusal to process payment by your credit-card company.

Dispatch/delivery times may differ based on availability of the product and any guarantee or representation made by us in respect of delivery is subject to delays caused by postal delays or force majeure for which we will not be responsible.

ELIGIBILITY AND REGISTRATION

You may register with us by creating an account (“Account”) on the Website. We do not permit you to register for more than one account, register an account on behalf of another individual, group or entity, or sell or transfer your account in any manner. You are solely responsible for maintaining the confidentiality of your username/password and keeping anyone else from using your username/password. You assume responsibility for all actions that take place under or while using your account. We are not accountable for any loss that may result from the unauthorized use of your username/password, with or without your knowledge.

You agree to provide accurate and up-to-date information about yourself in all registration forms on the Website.

LINKS

The Website may contain links to one or more external websites, applications or other products or services operated by third parties ("Third Party Sites"). Several Third Party Sites may also provide links to the Website. We should not be deemed to endorse, monitor or have any control over these Third Party Sites or any content therein. We are not responsible for the content, advertising, products or policies of such Third Party Sites and your access to such Third Party Sites is solely at your own risk. We will not assume any liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

PRIVACY POLICY

Our Privacy Policy relates to all information provided by you to us online through this Website, emails generating from us or through our blogs or pages on social media websites or in the manner described in the Privacy Policy and sets out how we will use the said information. The Privacy Policy is incorporated into these Terms of Use by way of this reference.

PAYMENT POLICY

Online payment against an order may be made to us via credit card or debit card. We will ensure secure transmission of all payments made electronically. You acknowledge and agree that we may save your credit or debit card information and use it for future orders or shipments.

When you order a product, or use a service that is chargeable, you will be charged the current price. The price of products or fee for any service provided by us may vary from time to time such as during sales, discount period, etc. We reserve the right to modify, suspend or discontinue any discount offered on the Website at any time at our sole discretion.

By placing an order for any BADGEPACK™ product through the Website, you undertake that you are legally entitled to use the medium of payment and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilise the card to effect payment.

We reserve the right to refuse, suspend or decline a transaction or for with or without any reason and will not be liable to you or any third party for such refusal, suspension or declination.

INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless, our affiliates, officers, directors, employees, consultants, agents, licensors and suppliers from and against any and all third party claims, losses, liabilities, expenses, damages and costs, including, but not limited to, legal fees, arising from or relating to your use of the Website and the Content, User Generated Content, or any violation of these Terms of Use or any law or the rights of a third party.

WARRANTY DISCLAIMER

We do not assume responsibility or liability for the Content (including User Generated Content) posted on the Website or any offensive, unlawful or objectionable content you may encounter on or through the Website. All information, material and products provided on the Website including the Content and the User Generated Content are provided "AS IS" and without any warranties of any kind, express or implied (including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement of intellectual property). We do not represent or warrant that the Website, use or access to the Website will be devoid of errors or defects or interruptions or free from viruses or harmful. We do not guarantee any specific results from use of the Website. We do not make any warranties or representations as regards Content including the correctness, accuracy, adequacy, usefulness or reliability thereof. You acknowledge and agree that any Content you may opt to download, copy or otherwise obtain from the Website are at your own risk, and that you will be solely responsible for your use and any resultant damage (including loss of data or any other harm of any kind) to your mobile device, computer system or any other device or system used by you to access the Website. We may change the whole or any part of Content available in the Website at any time without notice. Applicable law in certain jurisdictions may not permit the limitation or exclusion of liability, so the foregoing limitation or exclusion may not apply to you.

LIMITATION OF LIABILITY

We disclaim all liabilities, to the fullest extent permissible by any applicable law, for any direct, indirect, special, incidental, or consequential damages, including but not limited to, for any lost profits, lost data or business interruption, resulting from the use of, or the inability to use, the Website or the products purchased through the Website or any User Generated Content, whether or not we have been advised of the possibility of such damages. You assume complete responsibility for your use of the Website and acknowledge that only remedy available to you against us arising out of use of the Website or any Content is to cease using the Website. If we are found to be liable to you for any damage or loss which is in any way connected with your use of this Website or any Content, our liability is limited to US$ 100.00. Applicable law in certain jurisdictions may not permit the limitation or exclusion of liability, so the foregoing limitation or exclusion may not apply to you.

SEVERABILITY

If any provision in these Terms of Use is deemed invalid, unlawful, void or unenforceable, then the provision that is deemed or held so shall be severed from the Terms of Use and the remaining provisions shall continue to be valid and enforceable.

TERMINATION

We may terminate your account or delete any of your User Generated Content or restrict your use of all or any part of the Website for any or no reason, without prior notice to you, and without liability to you or anyone else. You may also terminate your account at any time. You will be personally liable for any orders placed or charges incurred through your account prior to termination. You acknowledge and agree that some or all of your User Generated Content, may continue to appear on the Website or on other platforms post termination of your account. The Terms of Use shall remain in effect even after your account is terminated. The Terms of Use relating to Content and Intellectual Property Rights, Indemnification, Warranty Disclaimer, Limitation of Liability, Severability and other terms that by their nature may survive termination shall survive any termination.

GOVERNING LAW

These Terms of Use supersede any other agreement between us and will be governed by and construed in accordance with the laws of Thailand, without giving effect to any principles of conflicts of laws.