PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Baddlewords, LLC. The collective work includes works that are licensed to Baddlewords, LLC. Copyright 2009, Baddlewords, LLC.
The look and feel of the Service is copyright©2009 Baddlewords, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the Algorithm, HTML/CSS or visual design elements without express written permission from Baddlewords, LLC.
Nothing in this agreement is intended to reduce, limit, or restrict any rights arising from fair use or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
All trademarks, service marks and trade names of Baddlewords, LLC used in the site (including but not limited to Baddlewords name, and Baddlewords Logo Design, are trademarks or registered trademarks of Baddlewords, LLC.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Baddlewords, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Baddlewords, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Baddlewords, LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Baddlewords, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Baddlewords, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These terms and conditions are applicable to you upon your accessing the site. These terms and conditions, or any part of them, may be terminated by Baddlewords, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Baddlewords, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Baddlewords, LLC.
Harassment in any manner or form on the site, including via e-mail, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Baddlewords, LLC staff member or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others.
A valid credit card is required for all accounts. If you initially sign up for a Basic, Plus, Agency, or Enterprise account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
An upgrade from the free 30-day trial Membership Type that you initially subscribed to will end your free trial. You will be billed for your first month immediately upon upgrading your Membership Type.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Clients, Ad Groups, or the number of Ads active under a different Membership Type. Baddlewords, LLC does not accept any liability for such loss.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You may cancel your account at any time by clicking on the Cancel link under your Payment History on your Account landing page. Please note that all of your Clients, Ad Groups, Ads and baddle data will be immediately deleted from Baddlewords upon cancellation. This information can not be recovered once your account is canceled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Baddlewords, LLC in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Baddlewords service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of your Account. Baddlewords, LLC reserves the right to refuse service to anyone for any reason at any time.
Baddlewords, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Membership Types (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription Membership Type fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to www.baddlewords.com or within the application itself.
Baddlewords, LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Baddlewords, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Baddlewords, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Baddlewords, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Baddlewords, LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless Baddlewords, LLC, its officers, directors, employees, agents, licensor's and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Baddlewords, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Baddlewords, LLC, Baddlewords, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Baddlewords, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Baddlewords, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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