Terms and Conditions

Introduction

Welcome to Vicky Vixen website, published by Baditude Entertainment, and thank you for playing and shopping with us.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Baditude, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Baditude Entertainment reserves the right to amend or update these terms and conditions at any time without providing notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Baditude may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Orders

Baditude Entertainment uses your shipping information to process your order.

Payment details (credit card numbers, etc.) are neither processed nor retained by Baditude Entertainment, as we use the Paypal payment gateway.

We reserve the right to refuse your order if payment verification fails.

Baditude Entertainment will pass on any information relating to suspected fraudulent activity to appropriate authorities.

Product Information

Prices of goods and services, delivery and other charges displayed on the Vicky Vixen website are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free. If you notice anything you feel is incorrect, please contact us and we will look into the matter.

Placing and Accepting Orders

Orders will not be processed until payment has been verified by PayPal.

Taxes and any customs fees will be the responsibility of the purchaser.

We reserve the right to refuse to provide goods or services to anyone for any reason.

Delivery

It is the purchaser’s obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order. For this reason, we ask that you fill out the order form carefully.

Baditude Entertainment will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. It is out of Baditude Entertainment control on how long various countries department of customs takes to process packages. Whenever possible Baditude Entertainment will provide the purchaser with a tracking number so that they can inquire directly with the shipper as to the location of their package. All delivery options require the recipient to sign for delivery for products valued over $250. By doing so, you agree that we have satisfied the condition where a signature has been received from the recipient, appropriate agent or proxy recipient of the order. This includes, but is not limited to, a hotel or office receptionist signing on receipt of delivery at the specified address. You agree that in doing so we have delivered the order within the terms of the agreement between you the purchaser and Baditude Entertainment. We will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

It is the responsibility of the customer to inform Baditude Entertainment if an order does not arrive. Vicky Vixen will lodge enquiries with our shipper to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery. Late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Returns and Exchanges

There are no returns or exchanges on any of our products.

Damaged Goods

If your package arrived damaged, refuse to sign for it or promptly return the package unopened to the shipper. The shipper has insurance to deliver such goods in proper condition. Contact Baditude Entertainment and we will send a replacement item and deal with the shipper.

Limitation of Product and Service Liability

Any liability of Baditude Entertainment in connection with goods or services supplied to you will, at the election of Baditude Entertainment, be limited to replacement of the products ordered with a similar product, or a credit to your account with us.

Patrons further acknowledge and agree that Baditude Entertainment will not be liable to you or any other person for any direct or indirect damages resulting from use of goods or services supplied to you, or on behalf of you, through Vicky Vixen website.

Newsletter

Anyone who buys items featured on Vicky Vixen website will receive the free periodic V.I.X.E.N. newsletter. To unsubscribe to these simply click on the “unsubscribe” link on the newsletter.

Questions & Comments

If you have any questions or comments or are unhappy with any aspect of our service, email: rsellars@imagina.net All correspondence is treated as confidential.

Copyright

The images and designs used on Vicky Vixen website are the property of Randolph Sellars and Baditude Entertainment or their respective copyright owners.

As a user of the website you acknowledge that all copyright, trademarks and other intellectual property rights in and relating to Vicky Vixen are vested in Baditude Entertainment or our partners where appropriate. You must not use, reproduce, modify or distribute our images or any part of those images in any manner whatsoever, except on designated pages where free downloads are explicitly promoted.

All content included on this site, such as text, graphics, logos, button icons, images, and HTML, is the property of Baditude Entertainment and/or its Suppliers and partners. All of which is protected under International copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Baditude Entertainment and protected by International copyright laws.

All images on the Vicky Vixen web site are copyrighted. No reproduction of any kind is permitted. IP addresses of site visitors are logged in the event copyright litigation becomes necessary. Precautions have been taken to ensure the authenticity of our products.

Each image is original concept artwork created by the Baditude Entertainment and to the best knowledge of Baditude Entertainment does not infringe on any copyright.

Baditude Entertainment keeps track of each of the limited edition items it sells or distributes. The purchaser’s name, address, date of purchase, title and number of the item, are all kept on file by Baditude Entertainment. Website images are purposely kept at lower resolutions to prevent fraudulent duplication. Attempts to copy and reproduce images from the site will result in poor quality blurry reproductions. This is done to protect both the rights of Baditude Entertainment and the investment of our patrons. We do, however, provide higher resolution partial images for our viewers. If a third party were to illegally reproduce any of our images, Baditude Entertainment will prosecute to the fullest extent of the law. We are aware of the Digital Millenium Act of 1998, and we encourage others to familiarize themselves with this legislation. We collect and analyze web server logs for demographic and legal purposes. These logs show the IP address, browser+version, and operating system+version of all visitors.

Use of the Web site—Permissions and Restrictions

  1. These Terms of Service apply to all users of this Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Website includes all aspects, including, but not limited to, all products, software and services offered via the Website, such as the “Embeddable Video Player,” the “Uploader,” the “Downloader,” other applications.
  2. The Website may contain links to third party Websites that are not owned or controlled by Baditude. Baditude has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party Websites. In addition, Baditude will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Baditude from any and all liability arising from your use of any third-party Website.
  3. Accordingly, we encourage you to be aware when you leave the Vicky Vixen Website to read the terms and conditions and privacy policy of each Web site that you visit.

Baditude hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

  1. You agree not to alter or modify any part of the Web site, including but not limited to, the Embeddable Video Player or any of its related technologies.
  2. You agree not to use the Website, including the Embeddable Video Player for any commercial use, without the prior written authorization of Baditude. Prohibited commercial uses include any of the following actions taken without Baditude’s express approval: sale of access to the Website or its related services (such as the Embeddable Video Player) on another website; use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;?the sale of advertising on the Vicky Vixen Website or any third-party website targeted to Vicky Vixen content;?and any use of the Website or its related services (such as the Embeddable Video Player) that Baditude finds, in its sole discretion, to use Baditude’s resources with the effect of competing with or displacing the market for Vicky Vixen content.
  3. Prohibited commercial uses DO NOT include: using the Embeddable Video Player to show Vicky Vixen videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Vicky Vixen; any use that Baditude expressly authorizes in writing.
  4. If you use the Vicky Vixen Embeddable Video Player on your Web site, you must include a prominent link back to the Vicky Vixen Web site on the pages containing the Embeddable Video Player and you may not modify, build upon, or block any portion of the Embeddable Video Player in any way.
  5. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Baditude servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Baditude grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Baditude reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.
  6. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
  7. Baditude reserves the right to discontinue any aspect of the Vicky Vixen Website at any time.

Account Termination Policy

Baditude may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Baditude will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE VICKY VIXEN WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BADITUDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BADITUDE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VICKY VIXEN WEBSITE. BADITUDE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VICKY VIXEN WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BADITUDE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL BADITUDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VICKY VIXEN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BADITUDE SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

You agree to indemnify and hold harmless Baditude, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Baditude and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Baditude, or by the posting by Baditude of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnomah County, Oregon. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Portland, Oregon in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Baditude may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.