Terms Of Service

The following document outlines the terms of use of the Badship website. Please also review our Privacy Policy.

Before using any Badship services, you must read, understand and agree to these terms.

The web pages available at badship.com and linked pages (“Site”), are owned and operated by Bad Ship Media Ltd, (“we” or “us” or “Badship” or “Badship’s” or “Badship Sales Platform” or “Badship Marketplace” ) a Limited company incorporated in the United Kingdom and is accessed by you (“you” or the “Customer” or “Buyer” or “Vendor” or “Seller” ) under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms which govern our relationship with you in relation to the site. If you disagree with any part of the terms, please do not access the site.

The Agreement

For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:

The Short Version....

By using Badship, you're agreeing to these terms.

 

1. Customers (unregistered), Vendors and Registered Customers

You do not have to be a registered customer or approved Vendor of the Site to enjoy many of the features of the Site. In particular, the Site users who are not registered customers or Vendors may view much of the content on the Site provided they comply with our standards of conduct. However, registered customers and Vendors may receive additional benefits subject to our standards of conduct from time-to-time. We may change the benefits and features on occasion by sending you an email or by posting the changes on the Site. Vendors will receive different or additional benefits in relation to their shop and activities on Badship. These benefits or promotions could include but are not limited to Achievement badges, special offers, promotional features. Our provision of the above benefits to you and all other services we provide on the Site, are known collectively as the “Services”. Badship may use third parties to help provide some or all of the Services. The Services may be provided using servers and other equipment located in any country including the United Kingdom, United States and elsewhere around the world.

The Short Version.... 

Registered Customers and Vendors may get additional benefits and discounts compared to guest visitors.

 

2. Eligibility

By registering as a Registered Customer or Vendor, you represent and warrant to us that:

(a) you are an individual who can form a legally binding contract at law; and

(b) you are at least 18 years old, and of the age of majority in the jurisdiction from which you access the Site.

 

3. Minors

Minors are not allowed to use Badship. 

 The Short Version....

You must be at least 18 years old to use Badship.

 

4. Account, Username and Password

(a) You must select a unique username for your account. You must not use a username that is, in Bad ship’s sole discretion, defamatory, obscene, vulgar, offensive, trademarked, hateful or otherwise unlawful or objectionable. We may modify usernames as we see fit.

(b) You must keep your password secure and confidential.

(c) You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by contacting us.

(d) All information you provide to us must be true, complete and current, and you must update this information as necessary to keep it true, complete and current.

The Short Version....

Don't use an offensive username. Keep your login details very secure.

 

5. Access and Use of Services

You may only access the Services through the interface provided on the Site. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.

The Short Version....

You can't use Badship to re-sell the service to someone else.

 

6. Payment

If you wish to wish to purchase any digital or physical products available on the Site, you agree to pay Badship the prices listed on the Site for those products and services, plus all applicable taxes, and those payments will be collected before the digital goods are made available (or before any physical items are shipped). Badship may change the fees from time-to-time.

The Short Version....

We sell digital products (and potentially physical goods), you agree to pay for them and use them according to the terms it was bought under.

 

7. Payment Options

You may pay Bad ship through the payment options made available on the Site. You must comply with the terms of all agreements between you and any third-party payment processors, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. If Badship allows you to pay Badship directly via credit card or debit card (usually for larger purchases), then you authorize Badship to charge all amounts to the credit or debit card number you provide to Badship. If your debit or credit card payment is rejected or refused you will immediately pay Badship the amount due (before your products are made available) and provide Badship with an alternative debit or credit card number for future payments. You represent and warrant to Bad ship that each debit or credit card you use for payment to Bad ship either belongs to you, and you have the right to charge all such payments on the debit or credit card(s).

On occasion for large purchases it is possible to request to pay Badship via bank transfer. In this case you warrant you are liable for any and all transfer fees you may be charged by your bank for making the payment, including any losses in currency conversion. This will be decided on an interbank basis and is not the remit or responsibility of Badship. Once we have confirmed cleared funds have been received, we will issue the purchased digital products to your Bad ship account.

 

8. Interest

At our sole discretion we retain the right to charge simple interest on all overdue amounts at a rate of 15% per year, calculated from the date payment was due until the date payment (including accrued interest thereon) is made in full.

The Short Version....

If you owe us money, and don’t pay it, we reserve the right to charge interest until such time as the invoice is settled.

 

9. Badship Marketplace for Vendors

(a) Overview

Badship, is a Service that allows you to sell your digital products online through our site. There are two types of products that are now, or may in the future be, available for sale through the site; Digital Products and Physical Products. All of Your Content, whether it is a Digital Product, Physical Product, a description of a Digital Product or Physical Product, or otherwise, must comply with these Terms, and Badship reserves the right to remove any of Your Content that Badship determines in its sole discretion does not comply with these Terms. You grant Badship rights to Your Content as set out in section 15 & 16 below.

(b) Digital Products

Digital Products are products such as tutorials, 3d models, software tools, plugins, stock assets and other digital products that you upload to the Site to your Badship shop and make available for sale. As part of selling on the Badship marketplace you must agree to the following:

(i) You must set a price for each of your Digital Products, from our 3 different license options (Private, Business R & D, Commercial). You hereby authorise us to license copies of those products at that price, plus applicable taxes for the permitted uses allowable in the license which is available in our Licensing Terms Section. We retain the right to edit prices at any time to maintain fair and realistic pricing throughout the marketplace. Once prices have been set by Badship, you must contact us if you wish them to be changed and any change is solely at our discretion.

(ii) Badship licensing terms apply to your products when listed for sale on the site. These apply to each Digital Product you make available through Badship. We do not represent or warrant that any documentation or information we provide complies with any jurisdiction’s laws, and you should obtain advice from a qualified professional before preparing or implementing any terms. You acknowledge and agree that the licence terms are between you and the purchaser, and that we do not have any obligation to enforce those terms or to attempt to resolve any dispute between you and a purchaser.

(iii) After we have completed a transaction in connection with any of your Digital Products, we will make the Digital Products available to the purchaser according to the applicable Badship licence type product they purchased. This will be either Private License, Business R & D or Commercial License and this dictates the buyer’s legal usage of the purchased product. You hereby grant us a royalty-free, perpetual, world-wide licence to do so. You must not include anything in the Digital Products that attempts to override, reduce or eliminate the applicable Badship licence granted to the customer. Including your own terms and conditions within a digital product, is against the terms of use of Badship and will be removed if discovered. Your account may also be terminated subject to assessment by Badship.

(iv) The Badship License Type purchased with the product supersedes and overrules any and all terms and conditions or related texts that may be added to a product pre or post sale listing on the marketplace without Badship’s knowledge or permission (by the vendor or anyone else), and as such, you ‘the vendor’ agree that any terms and conditions added by you or anyone other than Badship to a product download or in a product description are null and void and Badship License Terms are the only applicable terms ad-inifinitum­­ for the products purchase and usage.

(v) After we have received payment for a transaction in connection with any of your Digital Products, we will deposit you a percentage of the price (excluding taxes) we received as set out in the Badship fees schedule document here, minus any transaction fees and (PayPal or bank) transfer costs listed in that fee schedule document, into your bank (or PayPal) account. Our standard payment terms are that we will pay you your owed amount on the last day of each month with a month in advance. In order to be paid out your minimum balance on the platform needs to be $20. So, for example, for your sales for the full month of March, you will be paid out in full on the last day of April for your earnings in March. Essentially this means you run a month behind your sales with your earnings. If your balance was under $20 then your pay-out will rollover until the next month and will be paid out in full once your account has more than $20 in. We may change the fee or pay-out schedule from time-to-time by posting the changes on the Site for at least 30 days.

(vi)If you choose to leave the Badship Sales Platform for any reason and have funds remaining in your vendor sales account at the time of leaving. Provided the balance is greater than $20 this will be paid out at the end of the month that fits with your leaving date. You need to formally notify us by email of your request to leave the platform and in that event, we will confirm to you your pay-out date.

(vii) If a customer advises us that there is a material error in any of your Digital Products, or that they do not substantially conform with the description you provided for them, or there is some other material issue with your Digital Products then: (i) you will promptly remedy that error, description or issue at our request, (ii) we may refund the customer, in which case at our option you will either repay us the refunded amount or we will deduct the refunded amount from any future payment we make to you, and (iii) we may suspend or prohibit future sales of Your Content.

(viii) If for any reason fraud or illegal behaviour is suspected from a Badship Vendor, depending on the severity we will first contact the vendor concerned, and if required by law will report the activity to relevant law enforcement. Badship retains the right to ban Vendors where our terms and conditions have been breached and if this situation arises, we will first contact the Vendor in question to gain more clarity on the situation.

In the rare case a Vendor is banned from selling on Badship, they will not be allowed to re-open a new shop and if and when discovered, any replacement shop accounts an ex-vendor creates will also be closed with no recompense given.

(ix) Repeated Chargebacks or complaints for a vendor’s digital products, behaviour, using illegal or trademarked work, selling material they do not own or any justified serious complaint, could potentially lead to a Vendors Badship store being closed. In this instance Badship’s decision is final and Badship are in no way liable for any losses, costs or legal actions arising from such a decision. The Vendor remains liable for any complaint or legal action arising from their behaviour even after such a time as their store was closed by Badship. This liability to the ex-vendor for products sold on Badship remains indefinitely.

(c)  Digital Products Sales

(i) You must provide a description for each item of Your Content that you upload to the Site and make available for purchase through the Badship Sales Platform. That description must comply with these Terms. You hereby represent and warrant that all such descriptions are and will be accurate, complete, and not misleading, and do not and will not infringe or misappropriate any third-party rights.

(ii) All of your representations, warranties and indemnities relating to Your Content generally, also apply specifically to Your Content on the Badship Sales Platform. In addition, you represent and warrant that you have all the necessary rights to allow Your Content to be displayed, sold, commercialised and used as described above. You are solely responsible and liable for Your Content, and you indemnify Badship regarding Your Content as set out in section 41 of this document.

(iii)We cannot be held legally responsible for what a customer or 3rd party does with your content on or off the Badship Sales Platform, but we will immediately investigate and adjudicate on site alleged Digital Product IP infringements (see Section 22).

In addition to this, if you claim an offsite infringement eg/you believe that your content is being used on another site (in a product for sale for example), or in a commercial production for example without your permission or a correct Badship license being owned by the alleged 3rd party; and it can be proven that your products have only ever been listed or available for purchase (or usage) on Badship since their creation:

(a) it is at our sole discretion that we may assist in sending out a DCMA request by way of helping to support you in your work in addition to any other measure we feel appropriate.

(b) we are not legally bound by these terms of service to assist with off site allegations of improper digital product usage, however we will do everything we reasonably can to offer advice and assistance in cases we believe we can help with.

(iv) If any purchaser is not satisfied with a purchased Digital Product for any reason, we reserve the right to refund the purchaser, in which case at our sole option we will deduct the refunded amount from your Badship account balance. If your Badship account balance does not have enough money to cover the refund, the balance will go into a negative amount and the amounts owed can be redeemed by us from your future sales, or we may request that you repay us the amounts owing (and you should promptly pay those amounts if we so request).

(v) You will comply with any other rules or policies we post on the site from time-to-time regarding the Badship Sales Platform.

(d) Account Balance and Redemption

(i) Upon receiving payment from a purchase of your Digital Product, we will automatically deposit your percentage of the payment into your Badship Sales Platform account.

(ii) Provided that the balance of your Badship account exceeds the applicable threshold set out in our fee schedule, that balance will be paid to you as detailed in section 9b(v).

(iii) Amounts that are owed to you will be paid to the bank account or Paypal account you designated on the Site. A deposit paid by Badship on that month’s payment date (provided you are in the timescale listed in section 9b(v)) will not reach your bank account immediately. This is down to the receiving bank in most cases once the payment has been made from the Badship bank.

(iv) If you are a UK based vendor – BACS bank transfer is the preferred option for us to pay you out where applicable.

(v) If we have provided a refund to a purchaser of your Digital Product, we will deduct the refunded amount from your Badship account balance.

(vi) Please see the Badship fees schedule page for current Deposit fees, we do not determine them but PayPal or the Banks involved do. We will cover UK BACS transfers as they are cost free; for foreign sellers who cannot accept payment by PayPal, with foreign bank payment requirements, the additional cost over and above the equivalent PayPal fee will be the responsibility of the vendor to pay. Sometimes these fees cannot be determined prior to making a payment. In this instance we will use our experience of what the usual cost of a transfer to your country would be and apply that against the Pay-out amount prior to making the transfer.

 If the fees are more than we estimated, then we will then apply that outstanding amount against your account balance, and it will normally be deducted out of your next month’s earnings (unless we require payment prior to that in which case we will notify you). In the event that the fees were less than we estimated, we will credit your balance with the credit amount within 72 hours from making your payment. Foreign bank transfer costs are not set by Badship, they are entirely dependent on your bank and transfer requirement. For example, some foreign banks will not notify us of the cost to make the payment after the transfer has been made, and this will be deducted by them off the transfer amount. It is your responsibility to know your own bank, and if in doubt contact us in advance to check about settlement options from Badship to the country you live in.

(vii) Badship is not responsible for lost payments or any costs and losses incurred from this. You are solely responsible for ensuring we have all the correct required account numbers and information to make those payments.

(e) Currency Conversion

Badship will use the institution provided exchange conversion rate in United States dollars when paying out with PayPal or Foreign Bank Transfer to any seller other than UK based sellers. All non UK Vendor payment transactions through the Badship Sales Platform, regardless of type of content or listed country, will settle in United States dollars. Your Badship account balance will be denominated and redeemable only in United States dollars if you are a resident of anywhere other than the UK. For UK residents you will be paid in GBP, and UK PayPal and bank transfers will be in GBP. Badship takes no responsibility for losses across currencies due to imposed exchange rates at the time of the Vendor Pay-out.

(f) Taxes

VAT

The Badship Sales Platform is the merchant of record and we are the business selling the goods. As a European company, we are required to collect and remit VAT on digital product sales. In summary, you do not need to worry about collecting any tax as we collect VAT at your EU countries rate and pay the Moss VAT on your behalf. All you need to do is pay your own personal or company taxes from the sales you make through us. 

GLOBAL TAX

As a European company, we are only required to collect, and remit VAT when we reach a sales threshold governed by the country or state involved. Badship will monitor turnover levels in all Global jurisdictions and when required will charge tax on products to those locations and pay the relevant country/state the tax remittance. In summary, you do not need to worry about collecting any tax as this is handled by us. All you need to do is pay your own personal or company taxes from the sales you make through the Badship Sale Platform.

Badship does not and will not provide any advice regarding your own or your companies tax obligations. If you are uncertain about your tax obligations, you should obtain advice from a professional tax advisor or accountant.

 (g) Vendor Shop

(i) Your application for a Vendor Shop on the Badship Sales Platform will be checked before being activated. We may request some modifications before registering your account. Modifications could be to work types, digital products, or product images or any other area. We retain the right to not open shops for potential Vendors at our discretion though we try and accommodate all good digital product sellers.

(ii) Your shop name needs careful thought; we allow one shop name change once you have setup your store. After this, if you want to change your store name again you will need to contact the Badship team and request a name change. Badship Shop name changes are at our discretion.

The Short Version.... If you are selling digital products on the Badship Marketplace, this applies to you and you should read it.

 

10. Badship Marketplace for Buyers

(a) Overview

The Badship Marketplace is a Service that allows you to purchase products from digital content providers through the Site. There are two types of products that are now, or may in the future be, available for purchase through the Marketplace, i.e.: Digital Products and Physical Products.

(b) Digital Products

Digital Products are products such as videos, software tools, plugins, stock assets and other digital products. After you have completed a transaction for a Digital Product, we will make a copy of the product available to you under the licence terms specified with the product license you purchased. This will be either Private License, Business R & D or Commercial License and this licensing dictates your legal usage of the purchased product.

 You must not distribute the product, allow any third party to use or access the product, or otherwise use, reproduce, resell or exploit the product in any way that is not permitted by the applicable licence terms. You acknowledge and agree that those licence terms (and any dispute under them) are between you and the provider and that we are not a party to them and that we do not have any obligation to attempt to resolve any dispute between you and the provider. You also acknowledge and agree that we are a third-party beneficiary of those licence terms and therefore will be entitled to directly enforce and rely upon any provision in those terms that confers a benefit on, or rights in favour of, us.

(c) Physical Products

Physical Products we may sell on the Badship Marketplace are Badship apparel and other merchandise that we may choose to sell. These are Badship’s own products or made on behalf of Badship, and supplied either directly or indirectly on behalf of Badship to the customer

Returns Policy for physical goods are in our refunds and returns policy document. We will endeavour to ship the product within the time estimates provided on the Site, but we will not be responsible for late deliveries. Title and risk of loss for the products will pass to you upon receipt of the product from the delivery company.

(d) Digital Products Sales

(i) You must pay us the price listed on the Site for the products, plus all applicable taxes, and (for Physical Products) applicable shipping and handling.

(ii) Our Refunds and Returns policies (as amended from time-to-time) sets out our obligations and your rights regarding refunds and returns.

(iii) The content used to create certain Digital Products that are not in the Badship Shop is provided by other Vendors on the Site. We did not create it and we have no control over it as it is a 3rd party created product when sold in any other shop than Badship’s own shop, the “Badship Shop”.  In short, we are not responsible for it or for any shortcomings in it, including any intellectual property infringement or other legal issues caused by it. Subject to our Refunds and Returns policies referred to above, your acquisition of Digital Products and Physical Products is at your sole risk.

(iv) For certainty, all other portions of these Terms, including the disclaimers and limitations of liability, also apply specifically to the Digital Products, Physical Products and the Badship Marketplace. You will also comply with any other rules or policies we post on the site from time-to-time regarding the Badship Marketplace.

The Short Version....

If you buy digital products from the Badship Marketplace, this applies to you.

 

11. Badship Product Reviews

Site users may be able to post reviews, ratings and comments on different parts of the Site. Those reviews, ratings and comments form part of Your Content and are governed by section 15 and other sections in these Terms. In addition:

(a) If you are a content provider (Vendor/Seller), you must not post any reviews or ratings for Your Content, or cause or encourage any third party who is not a legitimate purchaser of your Digital Products or Physical Products, to post a review for Your Content.

(b) If you are a content buyer (Registered Customer), you may only post reviews or ratings for Digital Products or Physical Products you have purchased. All such reviews and ratings must be accurate, unbiased, fair, and lawful, and based on your first-hand experiences of the relevant purchase.

 

12. The Rules

Whenever you access, use or otherwise deal with the Services, you must comply with all:

(a) applicable laws;

(b) acceptable-use policies and other policies implemented by Badship with respect to the Site or the Services from time-to-time, as posted on Badship’s website; and

(c) other rules and policies or procedures that Badship communicates to you from time-to-time.

The Short Version....

You agree to any rules about acceptable behaviour on Badship. Obey the law and play fair and all is fine.

 

13. Privacy

Without limiting anything in this Agreement, you must comply with all applicable privacy laws and must not collect, use, retain or disclose any third party’s personal information without their consent unless otherwise permitted by law to do so.

 

14. Your Privacy and Communications Consent

Badship and our representatives will collect personal information about you including your name, contact information, personal preferences and other information. You acknowledge that we and our representatives may use your personal information for the following purposes:

(a) to allow us to communicate with you, manage your account with us, monitor your compliance with this Agreement, and manage any services we provide to you or other Site users,

(b) to customise any content, promotion or advertising that is presented to you on the Site,

(c) to contact you regarding any orders you place through the Site, and to help process, deliver and collect payment for those orders,

(d) to verify your personal information, and

(e) as described in our Privacy Policy, which is currently available at Badship Privacy Policy

We may disclose your personal information electronically or in writing to our delivery and other service providers, including to service providers located in the United Kingdom, United States and other jurisdictions who may be subject to applicable disclosure laws in those jurisdictions. You may contact us to obtain information about our policies and practices regarding our use of service providers outside of the UK, or to ask questions about the collection, use, disclosure or storage of personal information by our offshore service providers.

We may use aggregate, non-identifiable information about the Site members for promotional and advertising purposes. We will never sell your personal information to third parties. If we suspect you of fraudulent or other prohibited activities, we may disclose your personal information to the police or other authorities. We will not otherwise disclose your personal information except as permitted or required by law or our Privacy Policy.

When you register for the Site as a Registered Customer, a profile page will be automatically created for you, but no personal information will be made available to the general public. For your protection, please do not share sensitive information on the Site or through the Services.

When you register on the Site as a Vendor/Seller, once your account is authorised (authorising of a vendor account is at the sole discretion of Badship) you agree that certain elements of your profile information will be publicly available in your Badship Shop, namely your email address . The information you provide for your Shop description will also be listed for public viewing on your Shop homepage.

YOU HEREBY CONSENT TO US AND OUR REPRESENTATIVES COLLECTING, USING AND DISCLOSING YOUR PERSONAL INFORMATION, AND SENDING COMMERCIAL ELECTRONIC MESSAGES TO YOU, IN THE MANNER DESCRIBED ABOVE.

The Short Version....

When you submit your information on Badship, we save it securely and may use it within our system to provide a quality service for you. We also use external services (e.g. servers), cloud storage etc and your information may also be stored securely on these devices for provision of the service. You give us permission to do this.

 

15. Ownership

As between you and Badship, you will retain ownership of all original text, images, videos, comments, ratings, messages, reviews and other original content you provide on or through the Site, including your Digital Products and descriptions of your Digital Products (collectively, “Your Content”), and all intellectual property rights in Your Content.

As between you and Badship, Badship or third parties solely own the following (the “Badship Property”):

(a) all other content on the Site or provided through the Badship platform(s), and all text, photos, videos, templates, and other content provided by Badship (collectively, the “Badship Content”) and all intellectual property rights in the Badship Content; and

(b) all tools, hardware and software used to provide the Services (collectively, the “Badship Tools”);

(c) the graphical design of the Site, the Site user interface and the look and feel of the Site and the Site user interface; and

(d) the names, logos and trademarks of Badship and on the Site (including third parties’ marks) and Badship.

You must not copy, modify, distribute, use, exploit or make derivative works from any of the Badship Property except as explicitly permitted by Badship.

The Short Version....

The original content that you list on Badship belongs to you. We don't claim any ownership over your work. All the other digital property (the Badship UI, etc.) is owned by Badship.

 

16. Licence regarding Your Content

Your Product Images and/or Product description text including your Badship Product Page URL may be shared with other third parties, for example, on social media sites or with Badship Affiliates to promote your content or trending products on the Site. Accordingly, you hereby grant royalty-free, perpetual, world-wide, licences (the “Licences”) to Badship and our service providers to promote Your Content (Products or Badship Shop), and to use the name that you provide in association with Your Content, in connection with providing the Services; and to Badship and our service providers, members, users and licensees to use, communicate, share, and display Your Content (in whole or in part) subject to our policies, as those policies are amended from time-to-time.

 

17. Moral Rights

Badship and our service providers, members, users and licensees may use, copy, display and transmit your username in connection with any or all of Your Content if Badship or the service providers, members, users or licensees wish to do so.

The Short Version....

You're allowing us to use your artwork and name for things connected with Badship. So our affiliates may promote your content in order to generate sales of your product, or we may post your product images up on Facebook or other social media as part of promotional drives; we're allowed to do that. We will never sell your artwork apart from on the Badship platform.

 

18. Representations regarding Your Content.

You represent and warrant to Badship that:

(a) you own Your Content;

(b) you have the right to grant the Licences to Badship and our Registered Customers; and

(c) the use, communication, sharing, display, copying, reformatting and distribution of Your Content as permitted by the Licences will not infringe or violate the rights of any third party.

The Short Version....

When you sell digital products on Badship, ensure you own the product or have full permission to sell it.

 

19. Content Disclaimer.

Badship does not endorse any of the digital content on the Site. Badship will not be responsible or liable for any content that is created and provided by the Site users.

20. Monitoring and Disclosure.

Badship cannot monitor everything on the Site and does not normally monitor your use of the Services; however, Badship and our representatives may do so. We reserve the right (but have no obligation) to remove, delete, edit or reclassify content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability whatsoever for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services. If you notice any inappropriate content on the Site, please contact us.

The Short Version....

We're not legally responsible for content and 3rd party products and work posted on Badship. We cannot monitor every product on the site. You can report abuse to us and we will endeavour to deal with it.

 

21. Other rules regarding Your Content.

You are responsible for keeping back-up copies of all of Your Digital Content; Badship will not be liable for any loss or damage to any of Your Content. Badship may impose limits on the quantity and size of Your Content stored on our servers, and the duration Your Content is stored on our servers.

The Short Version....

Please always backup up your work to at least one local and one cloud location. Don’t upload big files needlessly.

 

22. Infringement Claims

If you believe that any content that another user lists on the Site infringes your rights, you should send us a written notice that:

(a) sets out your name , company (if applicable) and contact and email address;

(b) identifies the material on the Site that you believe is infringing your rights;

(c) identifies your work or other subject-matter that you believe is being infringed, and states your interest or right with respect to the copyright in that work or subject-matter;

(d) specifies the location of the alleged infringing material and the URL of the item that you believe is infringing your rights;

(e) specifies the date and time you think the infringement occurred on (since);

Upon receiving your written notice, once assessed we will:

(f) forward the notice electronically as soon as possible person or company who has listed the digital property to which your claim relates; and

(g) inform you that the notice has been forwarded (or, if applicable, the reason why it was not possible to forward it).

(h) once the third party has responded about your claim (they have 48 hours to respond), we will use our best judgement based on the evidence as we see it to remedy the situation. This could include, (i) removing the offending digital products from the Badship Sales Platform and/or (ii) removing the offending Badship seller from the platform permanently (including delisting any products they had listed) or (iii) if in our opinion your claim is either a) incorrect or b) very hard to prove conclusively we may decided we can take no further action and in that case, our decision on the matter will be final and we are not responsible and cannot be involved in any future legal recourse you may wish to take against the aforementioned Badship Shop. We take no responsibility for any further action you may wish to pursue off the Badship Sales Platform against any Vendor you believe has infringed your digital IP, and any such legal action you may choose to take would be your decision to make and deal with in entirety.

If you believe that your content is being used on another site (in a product for sale for example), or in a commercial production for example without your permission or a correct Badship license being owned by the alleged , and it can be proven that your products have only ever been listed or available for purchase (or usage) on Badship since their creation:

(i) it is at our sole discretion that we may assist in sending out a DCMA request and anything else we feel is required by way of helping to support you in your work 

(ii) we are not duty bound by these terms of service to assist in any way with off site allegations of improper digital product usage, however we will do everything we reasonably can to offer advice and assistance in cases we believe we can help with.

 

23. Use of the Services

You must not:

(a) reverse engineer, de-compile, disrupt, disable, hack, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the Badship Property or the Services;

(b) create a link, name or label, or otherwise upload to or transmit from the Site or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may:

  • be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone’s privacy, or excessively violent,
  • violate any law including intellectual property, privacy or other laws;
  • impersonate any person;
  • give rise to civil or other liability; or
  • relate to illegal drugs, weapons, gambling or other illegal activities;

(c) upload to or transmit from the Site or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;

(d) use the Site or the Services to do or attempt to do any of the following without Badship’s express prior written permission:

  • send spam or other bulk messages;
  • gain unauthorized access to any data, network or system;
  • conduct or promote any commercial activity;
  • gamble, by whatever means;
  • monitor data or traffic on any network or system;
  • obtain an email address, username or other information about a third party without their consent;
  • use any misleading, false or deceptive TCP/IP header information in any email or posting; or
  • conduct or instigate any denial of service attack against Badship’s website or network, or any third party’s website or network;

(e) improperly make complaints or false reports on the Site;

(f) artificially inflate or alter ratings, views or statistics on the Site;

(g) falsify any data or information available on the Site;

(h) delete or modify any copyright or other intellectual property notices on the Site;

(i) sell or transfer your Badship Site account (either Register Customer or Vendor/Seller), or allow any third party to access or use it except for authorised Vendor Shop administrators you have added to your Badship Shop;

(j) avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of the Site or the Services or any hardware/software used to provide the Site or the Services, or third party hardware/software or services;

(k) interfere with the Services or any third party’s use of the Site or the Services;

(l) resell any of Badship’s services or allow any third party to use or access the Site or the Services without Badship’s prior written consent; or

(m) authorize or encourage any third party to do any of the above

The Short Version....

Please act responsibly. Please do not try and spam users or hack the site.

 

24. Remedies

In addition to any other available remedies, upon breach of any of your obligations under this Agreement Badship may suspend or terminate the Services and your Badship account.

The Short Version....

If we find that someone is trying to hack or negatively affect Badship, we will as a minimum action prevent that person from accessing it permanently.

 

25. Terms of Other Related Services

If you use any other service or software provided by or through Badship or the Services, you must comply with all terms and conditions that are imposed upon your use of that service or software.

 

26. Member Responsibilities

You are solely responsible for obtaining all the required computer equipment and connections required to access and use the Services. Badship will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.

The Short Version....

You're responsible for your own computer, hardware and internet connection.

 

27. Interruptions/Errors

Your use of the Site and the Services might be interrupted and will not be error free. Some of the content on the Site might in the future be translated, and those translations may not be precisely accurate or appropriate. The Services may be unavailable on occasion for reasons including (but not limited to) routine maintenance, upgrades, hardware/software malfunctions, repairs, force majeure, natural disasters, pandemics, power outages, hackers, denial of service attacks and unplanned very high service demands.

The Short Version....

Lots of different things can go wrong.

 

28. Modifications

From time to time, Badship may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site and the Services (including their functionality, “look-and-feel”, purpose and software components).

The Short Version....

We are allowed to change Badship as needed.

 

29. Inactive and Abandoned Accounts

If you do not log into your account for any period of at least 365 consecutive calendar days, your account may be deemed “Inactive”. We may, at our sole discretion, suspend or terminate your account and membership if it becomes inactive. This goes for Registered Customer accounts in addition to Vendor/Seller accounts that have either 1/not made any sales in that period or 2/have no products added.

Likewise, if you are accepted for a Vendor account (and resultantly a Badship Shop)on the Badship Sales Platform, but do not add any products to your shop for 12 weeks from the date the Shop is opened for you, this will reviewed by the Badship team and your account could be terminated should you not add any products after 2 further requests to do so.

 

30. Termination

Without prejudice to any of our rights at law or equity, Badship may terminate your access to the Site and the Services with no prior notice if you fail to make a payment to Badship as and when required, or if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue. Badship may also terminate or suspend any or all of the Services at any time without prior notice.

 

31. Termination by you

You may terminate your Site account at any time. Termination of your account is your remedy with respect to any dispute with the Site, including disputes relating to

(a) this agreement or our enforcement of it;

(b) the Site, the Badship Content, the Badship Tools or the Services; and

(c) the amount, type or payment of fees in connection with the Site or the Services.

 

32. Effect of Termination

Upon termination of your account or this agreement:

(a) you will immediately cease all use of the Site, the Badship Content, the Badship Tools and the Services;

(b) you will have no further access to your account, or anything associated with it;

(c) you will immediately pay Badship all amounts owing under this agreement;

(d) Badship will remove your store and products from the Site and from your account within 30 days after termination;

(e) the Badship Licencing terms will continue in full force and effect for all of Your Digital Content sold on the site, including your Digital Products the Site deletes; and this licensing remains permanently on all digital product’s you sold through the Badship Sales Platform.

(h) Sections 9, 9(b) (i-iv), (vi-ix) , 9(c) ii,iii and iv, 10, 11,12, 13-16, 18,19,20,22,23-46 will survive termination. The Short Version....

If you don't use Badship for a long time, we reserve the right to remove your account. If you don't pay us, we can also remove your account. You can also terminate the account yourself.

34. Badship Competitions

We may provide competitions on the Site from time to time. If we do, they will be governed by rules we impose upon contestants. If you participate in a competition, you must comply with the rules of that competition. If there is a conflict between this agreement and the rules of a competition, the rules of the competition will govern with respect to that competition.

The Short Version....

If we run a competition, the rules specified for that competition will govern it.

 

35. Links from Badship

The sites that are linked from the Site in some instances are not under our control, for example (but not limited to) User supplied articles, news articles, digital product description texts and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not from Badship and unless explicitly stated at the source, these sites are not affiliated with Badship. All links are provided for your convenience only by either Badship or Badship Vendors or Badship engaged third parties; they are not an endorsement or referral by us. The Short Version.... Some links from Badship are out of our control.

 

36. Links to Badship

You must not link to the Site or any content on the Site except as explicitly permitted by this section and Section 38 (Affiliates) of or our policies and additional Affiliate terms can be found in our separate Badship Affiliate Program Additional Terms and Conditions which can be found here. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:

(a) the link must comply with the Site’s other policies regarding content;

(b) the link and surrounding materials must not deliver any of the Site content in a framed environment, or alter the layout, content, look, or feel of the Site content;

(c) the link and surrounding materials must not falsely represent any relationship between the linking site and the Site; and

(d) the link and surrounding materials must not portray the Site or its services in a false, misleading, derogatory, defamatory or otherwise offensive manner.

The Short Version....

Feel free to link to Badship, but please don't post false or misleading information.

 

37. Badship Affiliates

Badship Affiliate scheme adds extra terms and conditions regarding 3rd parties promoting Badship products under the Badship Affiliate Program. These can be found here once our affiliate scheme is active.

 

38.Badship Disclaimer

THE SITE, THE BADSHIP CONTENT, THE BADSHIP TOOLS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. BADSHIP DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE, THE BADSHIP CONTENT, THE BADSHIP TOOLS AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

39. Limitation of Our Liability

YOU USE THE SITE, THE BADSHIP CONTENT, THE BADSHIP TOOLS AND THE SERVICES AT YOUR OWN RISK. BADSHIP WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, THE SITE, THE BADSHIP CONTENT, THE BADSHIP TOOLS AND THE SERVICES, INCLUDING ANY LOSS TO YOUR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, BADSHIP WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS WHATSOEVER IN CONNECTION WITH THE SITE, THE BADSHIP CONTENT, THE BADSHIP TOOLS OR THE SERVICES.

 

40. Maximum Liability

IF, DESPITE THE ABOVE LIMITATIONS, BADSHIP BECOMES LIABLE TO YOU IN RESPECT OF THE SITE, THE BADSHIP CONTENT, THE BADSHIP TOOLS OR THE SERVICES, OR A COMBINATION OF THE PRECEDING, THAT LIABILITY WILL BE LIMITED TO USD$500.

 

41. Badship Indemnity

YOU WILL INDEMNIFY BADSHIP AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT ANY OF THEM MAY INCUR IN CONNECTION WITH:

(A) YOUR CONTENT, INCLUDING CLAIMS THAT YOUR CONTENT OR THE EXPLOITATION OF IT AS PERMITTED BY THIS AGREEMENT INFRINGES OR VIOLATES THE RIGHTS OF ANY THIRD PARTY;

(B) YOUR USE OF THE SITE, THE BADSHIP CONTENT, THE BADSHIP TOOLS OR THE SERVICES; OR

(C) THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US; OR

(D) YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT.

The Short Version....

We're providing the Badship platform to you as it is. If there's anything wrong with it, we will do our utmost to fix it, but we can't be held legally responsible or liable.

 

42. Modifications to this Agreement

From time to time in our sole discretion Badship may modify the terms of this Agreement by posting the modifications on the Site. You will be bound by the modified terms after the modified terms have been emailed to you or have been posted on the Site for 30 days.

The Short Version....

We can change this agreement. We will update the terms on the site and may email you to notify you of the updated terms.

 

43. Governing law

Badship operates from Sheffield, United Kingdom, and makes no representation that the Site is appropriate or available for use in any particular jurisdiction. This Agreement will be governed by the laws in effect in the United Kingdom. You attorn to the exclusive jurisdiction of the UK courts; however, you or Badship may apply to a court of competent jurisdiction for interim protection or equitable relief such as an injunction.

The Short Version....

We're based in Sheffield, United Kingdom.

 

44. Disputes with other users

You are solely responsible for resolving any disputes you may have with other Site users. Badship may, but is not obligated to, assist you with this. Badship will have no liability whatsoever to you in connection with any such dispute, regardless of whether or not Badship assists you with that dispute.

The Short Version....

If you have a disagreement with another user on Badship, please don’t involve us and try and sort it out between yourselves.

 

45. Language

The parties have expressly agreed that this agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language. Where we may choose to offer language translations on the Site at a later date, this agreement will remain in English.

The Short Version....

This agreement is in English (we may offer language translations on the site in future but the agreement will remain in English)

 

46. General Clause

No failure or delay to act by Badship regarding any default whatsoever will affect or impinge any of our rights or remedies that are not expressly waived in written format. This Agreement supersedes all prior agreements of the parties regarding Badship and the Badship Sales Platform and constitutes the whole agreement with respect to the Badship site and Badship services. You cannot sublicense or assign this Agreement or any of your rights under this Agreement without the prior written consent of Badship, which may be withheld without any reason given by Badship. Badship may assign or sublicense this Agreement and any or all of our rights and obligations under it at our sole discretion. This Agreement shall work to the benefit of and be binding upon the parties and their lawful successors and permitted assignees. Badship will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay that is caused by such an event will not be deemed to be a breach of or failure to perform this Agreement.