Badlands Media Terms & Conditions
Last Updated: September 25, 2024
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 8 BELOW THAT ARE APPLICABLE TO YOU AND US.
Welcome to Badlands Media! These Badlands Media Terms and Conditions (this “Agreement”) are a legally binding contract between you (referred to as the “Customer,” “User,” “Merchant,” or “Vendor”) and Badlands Media LLC, along with its corporate affiliates (referred to as “Badlands Media,” “us,” “we,” and “our”). This Agreement governs your use of shop.badlandsmedia.tv (“Badlands Media”), your purchases of products or services, and your relationship as a Customer, Merchant, or Vendor.
By using or accessing Badlands Media, creating a User or Customer profile, purchasing products or services, or offering products as a Vendor, you agree that you have read, understood, and voluntarily accept all of the terms and conditions in this Agreement, including our Privacy Policy.
IMPORTANT: As a Merchant or Vendor, you agree that Badlands Media will earn a commission (generally 10%, but this may vary depending on the agreement we have with the Vendor) from each product sale. The commission will be automatically deducted and paid to Badlands Media using Stripe, our payment processor. In certain cases, manual payments of commissions may be required.
PLEASE READ ALL OF THESE TERMS CAREFULLY BEFORE USING BADLANDS MEDIA, ACCEPTING THESE TERMS, AND PURCHASING OR OFFERING PRODUCTS OR SERVICES. THESE TERMS HAVE IMPORTANT LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO SUE IN COURT, YOUR RIGHT TO A JURY TRIAL, AND YOUR RIGHT TO BRING CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS AGAINST BADLANDS MEDIA.
1. GENERAL PROVISIONS
1.1 Products and Vendors.
Badlands Media is an online marketplace that enables eligible Users to purchase goods, products, and services (collectively, “the Products”). Merchants or Vendors offering products for sale on Badlands Media agree to provide accurate product descriptions and adhere to the platform’s quality standards. Badlands Media earns a commission on sales facilitated through the platform as outlined in this Agreement.
1.2 Commission for Vendors.
As a Vendor, you acknowledge and agree that Badlands Media will receive a commission from each sale. The standard commission is 10% of the sale price, but this may vary based on the terms of the individual Vendor Agreement. The commission will be automatically deducted from payments processed through Stripe. In certain cases, a manual payment of commissions may be necessary, which will be coordinated directly with the Vendor.
1.3 Updates to Our Terms.
We reserve the right to modify these Terms at any time. You agree that it is your responsibility to review the Terms for updates. Continuing to use Badlands Media after updates constitutes acceptance of those changes.
2. USE OF BADLANDS MEDIA
2.1 Access and Use.
You are granted a limited, non-transferable, and non-exclusive license to access and use Badlands Media for personal shopping or, if applicable, as a Vendor for the purpose of selling products.
2.2 Third-Party Links and Resources.
Badlands Media contains links to third-party websites and resources. Badlands Media is not responsible for the content, privacy policies, or practices of third-party websites.
2.3 Limitations on Use.
Users may not exploit or reverse-engineer Badlands Media or its content. Badlands Media reserves the right to terminate your access if you violate these Terms.
2.4 Vendor-Specific Obligations.
Vendors are responsible for setting their own prices, product descriptions, and fulfillment. Vendors acknowledge that Badlands Media’s commission will be deducted from each sale, and Stripe will process payments automatically. Vendors must ensure their banking details and contact information are up-to-date to facilitate smooth transactions and commissions.
3. PRIVACY POLICY
Badlands Media’s Privacy Policy, which is fully incorporated by reference into this Agreement, applies to all aspects of your access to and use of Badlands Media, including but not limited to your submission of personal information to us, as well as your ordering, purchase, or acquisition of the Products. To view our Privacy Policy, click here.
4. ERRORS
While we strive to provide complete and accurate information on Badlands Media, errors, inaccuracies, or omissions, including those that relate to pricing, Product descriptions, availability, offers, or other information may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on Badlands Media is inaccurate at any time, without prior notice, including after your order has been submitted. In the event we cancel all or part of an order, we will provide you with notice and a refund.
5. ORDERS AND PURCHASES
5.1 Vendor and Merchant Agreement.
As a Vendor, you agree that Badlands Media facilitates transactions but is not responsible for product warranties, delivery, or returns unless otherwise specified. Vendors must adhere to their own shipping, refund, and warranty policies, which will be communicated to customers at the time of purchase.
5.2 Commission Details.
Vendors agree that a commission will be earned by Badlands Media for each product sale. The standard commission is 10%, though this rate may vary based on specific agreements between Badlands Media and the Vendor. Payments will be processed automatically through Stripe, and in exceptional cases, manual payments of commissions may be necessary. These details will be outlined in your Vendor Agreement.
5.3 Order Acceptance and Cancellation.
All orders must be accepted by Badlands Media or the Vendor before a sale is finalized. We reserve the right to refuse or cancel any order for any reason, including limitations on available quantities or errors in product or pricing information.
5.4 Prices and Payments.
All Product prices listed on Badlands Media are exclusive of shipping, handling fees, and applicable taxes. These additional charges will be added to your total order price during the checkout process. Prices may change at any time, but price changes will not affect orders for which we have already sent a confirmation email.
5.5 Title and Shipment.
Product shipping or delivery dates are estimates only and cannot be guaranteed. You are responsible for paying all shipping and handling charges, which are specified during the ordering process.
5.6 Vendor Payments.
Vendors will receive payments for their sales after the commission has been deducted. Payments are typically processed via Stripe, and automatic payments will occur after the deduction of Badlands Media’s commission. In cases where automatic payment is not feasible, Badlands Media will issue a manual payment to the Vendor.
5.7 Returns and Refunds.
Returns and refunds will be determined based on Badlands Media’s Return Policy and Satisfaction Guarantee.
6. DISCLAIMER & EVENTS BEYOND OUR CONTROL
6.1 Disclaimer.
Your access to and use of Badlands Media is at your own risk. Badlands Media and the Products contained within are provided on an “as-is,” “where-is,” and “with all faults” basis. Badlands Media expressly disclaims all warranties, express or implied, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. Badlands Media does not guarantee that its services, platform, or Products are free from viruses or harmful components.
6.2 Force Majeure.
Badlands Media will not be liable for non-performance or delays caused by events beyond its control, including but not limited to strikes, natural disasters, wars, or other instances of force majeure. In such events, our obligations will be suspended for the duration of the force majeure event.
7. YOUR REPRESENTATIONS AND WARRANTIES
While using Badlands Media, you represent, warrant, and covenant that:
7.1 You will comply with all applicable laws and regulations, including but not limited to those governing transactions, privacy, and consumer protection.
7.2 You are not located in any jurisdiction that is subject to U.S. government embargoes or sanctions.
7.3 If you are a Vendor, you warrant that all Products you offer on Badlands Media are compliant with all applicable laws and regulations. You agree to be solely responsible for ensuring the accuracy and completeness of product descriptions, pricing, and compliance with shipping and refund obligations. Badlands Media is not responsible for Vendor product liability.
8. GOVERNING LAW AND RESOLUTION OF DISPUTES; ARBITRATION AGREEMENT
8.1 General Arbitration Provisions.
You and Badlands Media agree that any disputes, controversies, or disagreements between us related to your use of Badlands Media will be resolved by binding arbitration, rather than in court, with limited exceptions such as claims related to intellectual property. By agreeing to this, you waive the right to sue in court or have a jury trial.
8.2 Arbitration Process.
All arbitration proceedings will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures. If the dispute exceeds $250,000, JAMS’ Comprehensive Arbitration Rules will apply. The arbitrator’s decision will be final and binding on both parties.
8.3 Class Action Waiver.
You and Badlands Media agree that any claims will be resolved on an individual basis. Neither party will have the right to arbitrate or pursue claims as part of a class, collective, or representative action.
8.4 Informal Dispute Resolution.
Before initiating arbitration, both parties agree to attempt to resolve disputes informally through a pre-arbitration dispute resolution conference. You must notify Badlands Media of your intent to initiate such a conference by submitting written notice via email or through our platform, and both parties will engage in good faith efforts to resolve the matter.
9. INTELLECTUAL PROPERTY
9.1 Ownership of Content.
All content on Badlands Media, including text, graphics, logos, and software, is owned or licensed by Badlands Media and is protected under intellectual property laws. You are not permitted to copy, reproduce, distribute, or create derivative works based on the content without our express written consent.
9.2 Vendor Content.
Vendors retain ownership of the content they upload, such as product images and descriptions. However, by listing products on Badlands Media, Vendors grant us a non-exclusive, worldwide license to display, distribute, and promote such content on our platform.
10. ADDITIONAL TERMS
10.1 Assignment.
You may not assign or transfer your rights under this Agreement without our prior written consent. Badlands Media may assign or transfer its rights and obligations under this Agreement without notice to you.
10.2 Entire Agreement.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Badlands Media. Any previous agreements, representations, or understandings, whether oral or written, are superseded by this Agreement.
10.3 Severability.
If any provision of these Terms is found to be invalid or unenforceable by an arbitrator or court, the remaining provisions will remain in full force and effect.
10.4 Notice.
You agree that all notices or communications provided by us electronically (via email or through our platform) satisfy any legal requirement that such communications be in writing. You are responsible for providing accurate and up-to-date contact information.
10.5 Limitation of Liability.
To the fullest extent permitted by law, Badlands Media will not be liable for any indirect, incidental, punitive, or consequential damages, including loss of profits or data, arising from your use of Badlands Media. Our maximum aggregate liability to you for any claims relating to your use of the platform will not exceed the greater of $10 or the total amount received by us related to the product or service in question.
10.6 Indemnification.
You agree to indemnify and defend Badlands Media from any claims, damages, or losses arising out of your violation of these Terms, your use of the platform, or any disputes you may have with third parties, including Vendors or other Users.
10.7 Survival.
All provisions of this Agreement that by their nature should survive the termination of your account or the expiration of this Agreement, including but not limited to the sections on Limitation of Liability, Indemnification, and Arbitration, will remain in effect after termination.