Welcome to BadmintonAce.com (“BadmintonAce”, “we”, “us”, or “our”). BadmintonAce is a website located at badmintonace.com (the “Site”) that is owned and operated by BadmintonAce and its affiliates (collectively, “BadmintonAce”). These Terms of Use (“Terms”) govern your access to and use of the Site.
By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in our Privacy Policy. If you do not agree to these Terms, you may not access or use the Site.
We may, in our sole discretion, change these Terms from time to time, without notice to you. Your continued use of the Site following the posting of changes to the Terms will mean that you accept and agree to the changes.
Registration
You may be required to register with BadmintonAce in order to access and use certain features of the Site. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Site’s registration form.
You will also be responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password.
Content
The Site may contain content and information provided by third parties and other users of the Site (“User Content”). You acknowledge and agree that we do not control or endorse User Content, and that we are not responsible for the accuracy, integrity, quality, legality, usefulness, or safety of User Content.
User Content
You understand that by using the Site, you may be exposed to User Content that is offensive, indecent, or objectionable. You agree that you are solely responsible for your User Content and for any disputes related thereto.
By submitting your User Content, you hereby grant BadmintonAce a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display your User Content in connection with the Site and BadmintonAce’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
Third-Party Content
The Site may also contain content and information provided by third parties. We do not control or endorse such content and we are not responsible for the accuracy, integrity, quality, legality, usefulness, or safety of such content.
User Conduct
You agree that you are solely responsible for your conduct when using the Site. You agree to not use the Site to:
- Violate any applicable law or regulation;
- Infringe the rights of any third party, including without limitation intellectual property, privacy, publicity or contractual rights;
- Engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site;
- Harvest or collect any information about other users of the Site;
- Publish or post any content or material that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- Impersonate any person or entity;
- Upload any viruses or other malicious code;
- Solicit personal information from any third party; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability or detriment of any type.
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by BadmintonAce and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and use the Site and to download and print a single copy of any portion of the Site to which you have properly gained access solely for your personal, non-commercial use, provided that you: (i) do not modify or delete any copyright, trademark, or other proprietary notices from the materials; (ii) do not use any illustrations, photographs, video, or audio sequences, or any graphics separately from the accompanying text; and (iii) do not copy or post the Site or any portion thereof on any network computer or broadcast the Site or any portion thereof in any media.
You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Site or any of the content, features and functionality of the Site.
Indemnification
You agree to defend, indemnify, and hold harmless BadmintonAce and its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate these Terms.
Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
BADMINTONACE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.
Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE.
IN NO EVENT SHALL BADMINTONACE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) $100 OR (B) THE AMOUNTS PAID BY YOU TO BADMINTONACE FOR ANY SERVICES PROVIDED IN THE PRECEDING TWELVE (12) MONTHS UNDER THIS AGREEMENT.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have between us regarding the Site.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].