Terms of Service
Effective Date: April 17, 2026
These Terms of Service are a legally binding agreement between you and Bada Studios LLC, a Wyoming limited liability company doing business as BADA (“BADA,” “we,” “us,” or “our”), governing your access to and use of the BADA mobile application, website, livestreams, shopping features, giveaway features, content, communications, and related services (collectively, the “Service”).
Please read these Terms carefully. By creating an account, accessing the Service, using the app, entering a giveaway, participating in a livestream, submitting content, purchasing a product, or otherwise using the Service, you agree to these Terms and to any additional terms incorporated by reference, including our Privacy Policy and any applicable Official Giveaway Rules.
If you do not agree to these Terms, do not access or use the Service.
1. Important Notice Regarding Arbitration and Class Action Waiver
These Terms contain a binding arbitration agreement and class action waiver. Subject to limited exceptions, you and BADA agree to resolve disputes through individual binding arbitration rather than in court. You and BADA also waive the right to participate in a class action, class arbitration, private attorney general action, or representative proceeding, except where applicable law does not permit such waiver.
You may opt out of arbitration as described in Section 31.
2. The BADA Service
BADA is a live shopping, entertainment, product discovery, and promotional giveaway platform.
The Service may allow users to:
- create an account;
- watch livestreams;
- participate in livestream chat;
- discover featured products;
- enter BADA-sponsored giveaways;
- receive push notifications about streams and giveaway activity;
- claim prizes if selected as a potential winner;
- provide shipping information for prize fulfillment;
- purchase physical goods if shopping features are made available; and
- interact with hosts, brands, creators, and other users.
BADA may modify, add, remove, suspend, or discontinue features at any time, subject to applicable law.
3. Supplemental Terms
Certain features may be subject to additional terms, rules, or policies, including:
- Official Giveaway Rules;
- giveaway-specific details;
- product sale terms;
- shipping policies;
- return and refund policies;
- community guidelines;
- host or creator terms;
- brand partner terms;
- payment terms;
- App Store terms; and
- other feature-specific terms presented in the Service.
Those supplemental terms are incorporated into these Terms. If supplemental terms conflict with these Terms, the supplemental terms will control only for the specific feature or transaction to which they apply, unless they state otherwise or unless doing so would violate applicable law.
4. Eligibility; 18+ Service
The Service is intended only for users who are at least eighteen (18) years old and at least the age of majority in their jurisdiction of residence.
By using the Service, you represent and warrant that:
- you are at least eighteen (18) years old;
- you are at least the age of majority in your jurisdiction;
- you have the legal capacity to enter into these Terms;
- you are not barred from using the Service under applicable law;
- you are not located in a jurisdiction where use of the Service is prohibited; and
- you will comply with these Terms and applicable law.
BADA does not knowingly allow children under 13 to use the Service. If we learn that a child under 13 has provided personal information to us, we may delete the account and related information.
5. Accounts
You may need an account to use certain features. When you create an account, you agree to provide accurate, current, and complete information and to keep that information updated.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify us promptly at info@shopbada.com if you believe your account has been compromised.
You may not:
- create an account using false information;
- create an account for someone else without permission;
- create multiple accounts to manipulate giveaways, entries, viewer counts, purchases, or platform rules;
- sell, transfer, or assign your account;
- use another person’s account; or
- attempt to evade suspension, termination, or platform restrictions.
BADA may suspend, restrict, or terminate accounts that violate these Terms or create legal, security, fraud, safety, or platform-integrity risk.
6. BADA-Sponsored Promotion Structure
All giveaways made available through the Service are intended to be sponsored and administered by BADA unless the applicable Official Rules expressly state otherwise.
Third-party brands, manufacturers, retailers, vendors, creators, hosts, or other companies may pay BADA for advertising, product placement, promotional services, prize funding, prize supply, or livestream marketing. Those third parties may be described as featured brands, marketing partners, prize providers, advertisers, collaborators, or product partners.
Unless expressly stated in giveaway-specific Official Rules, third-party brands do not:
- sponsor the giveaway;
- administer the giveaway;
- control eligibility;
- control entries;
- select winners;
- control odds;
- approve winner claims;
- control prize verification; or
- operate the BADA giveaway process.
BADA controls the giveaway rules, entry process, random selection process, winner notification process, claim verification process, and prize administration process.
Consumer-facing references to a brand, product, or company as “featured” do not mean the brand is the legal sponsor or administrator of the giveaway.
7. Giveaways and Official Rules
BADA may offer promotional giveaways, sweepstakes, contests, or similar promotions from time to time. Each promotion is subject to separate Official Giveaway Rules and may also include giveaway-specific details.
The Official Giveaway Rules may address:
- sponsor;
- eligibility;
- geographic limitations;
- age requirements;
- entry period;
- entry method;
- free alternate method of entry, if applicable;
- entry limits;
- prize description;
- approximate retail value;
- odds of winning;
- winner selection;
- winner notification;
- prize claim requirements;
- verification requirements;
- tax forms;
- shipping restrictions;
- publicity rights;
- winner list requests;
- state-specific restrictions;
- Apple disclaimer; and
- other legally required or operational terms.
If you enter a giveaway, you agree to the applicable Official Giveaway Rules.
No promotion is valid where prohibited, restricted, taxed, or regulated in a way that would make the promotion unlawful or impractical for BADA.
8. No Purchase Necessary; Purchases Separate From Giveaways
No purchase, payment, order, subscription, donation, tip, or other transaction is required to enter or win a BADA giveaway.
A purchase will not increase your chances of winning. A purchase will not affect eligibility, odds, entry processing, winner selection, or prize claim rights.
Shopping features and giveaway features are separate. Products may be displayed, promoted, demonstrated, or sold during a livestream or elsewhere in the Service, but buying a product is optional and does not enter you into a giveaway unless the applicable Official Rules separately provide a lawful, free, equal-entry method and clearly explain the entry process.
BADA may disqualify any entry or account if BADA believes a user attempted to manipulate entry, odds, winner selection, or platform integrity.
9. State and Territory Limitations for Giveaways
Unless the applicable Official Giveaway Rules state otherwise, BADA giveaways are open only to eligible legal residents of the fifty (50) United States and Washington, D.C.
Unless separately cleared and stated in the applicable Official Giveaway Rules, BADA giveaways are void in Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, the Northern Mariana Islands, other U.S. territories and possessions, overseas military installations, and where prohibited, restricted, taxed, or regulated by law.
BADA may limit or exclude any state, territory, or jurisdiction from a giveaway if BADA determines that legal, filing, registration, bonding, trust, tax, shipping, or operational requirements make inclusion impractical or unlawful.
10. Prize Claims, Shipping, and Delivery of Giveaway Prizes
If you are selected as a potential winner, you must complete all claim, verification, and shipping steps within the time stated in the applicable Official Giveaway Rules.
You must provide accurate, complete, and deliverable shipping information. BADA may refuse to ship to P.O. boxes, freight forwarders, hotels, temporary addresses, mail drops, restricted addresses, incomplete addresses, or addresses outside the eligible territory.
Unless otherwise stated, BADA will pay standard shipping costs for physical giveaway prizes within the eligible territory. Expedited shipping, special handling, customs, duties, reshipment, storage, failed-delivery fees, and other extraordinary costs are not included unless BADA states otherwise.
To the fullest extent permitted by law, BADA is not responsible for delivery failure, delay, loss, theft, damage, destruction, misdelivery, return, or inability to deliver caused by:
- inaccurate or incomplete shipping information;
- winner failure to respond;
- winner failure to accept delivery;
- carrier delay or carrier error;
- package theft after delivery;
- weather;
- force majeure;
- restricted addresses;
- customs, regulatory, hazmat, safety, or export restrictions; or
- events outside BADA’s reasonable control.
If a giveaway prize is returned as undeliverable, refused, unclaimed, or otherwise cannot be delivered after reasonable effort, BADA may declare the prize forfeited and may select an alternate winner or otherwise handle the prize as permitted by law.
BADA may, but is not obligated to, replace a lost, stolen, damaged, or misdelivered giveaway prize after it has been tendered to the shipping carrier, except where required by law.
11. Prize Substitution and Product Issues
BADA may substitute a giveaway prize with a prize of equal or greater approximate retail value if the advertised prize is unavailable, delayed, discontinued, out of stock, unsafe, recalled, restricted, misdescribed, impracticable to ship, unavailable from a prize provider, subject to a rights dispute, subject to manufacturer or distributor objection, or otherwise cannot reasonably or lawfully be awarded.
Unless expressly stated otherwise, BADA is not the manufacturer of third-party products awarded as prizes. Third-party products may be subject to manufacturer terms, warranties, limitations, safety notices, and support procedures.
To the fullest extent permitted by law, BADA disclaims warranties regarding third-party giveaway prizes, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, condition, quality, and performance, except where such disclaimers are prohibited by law.
Nothing in these Terms limits non-waivable consumer rights.
12. Shopping and Product Purchases
BADA may allow users to view, discover, reserve, or purchase physical products through the Service.
Product availability, descriptions, prices, promotions, shipping times, taxes, and fees may change without notice before an order is accepted. BADA may correct errors, cancel orders, refuse orders, limit quantities, or decline transactions where permitted by law.
If BADA accepts an order, you agree to pay all applicable product prices, shipping charges, taxes, and fees shown at checkout.
13. Payment Processing
BADA may use third-party payment processors to process payments. BADA does not intend to store full payment card numbers. Payment processors may collect and process payment information under their own terms and privacy policies.
You represent that you are authorized to use the payment method you provide. You authorize BADA and its payment processors to charge the payment method for amounts due.
If a payment is declined, reversed, charged back, disputed, or otherwise not completed, BADA may cancel or suspend the transaction, withhold fulfillment, restrict your account, or pursue amounts owed, subject to applicable law.
14. Taxes
You are responsible for taxes, duties, assessments, and government charges associated with purchases, except for taxes BADA is required to collect and remit.
Giveaway winners are responsible for all federal, state, local, and other taxes associated with prize acceptance, receipt, possession, or use. BADA may require tax documentation, including a Form W-9, before awarding certain prizes. BADA may issue tax forms where required by law.
15. Refunds, Returns, and Cancellations
Purchases of physical products are subject to the return and refund policy presented at checkout or otherwise made available by BADA.
Unless BADA states otherwise, shipping fees, handling fees, special-order items, final-sale items, opened items, used items, and perishable or hygiene-sensitive items may be non-refundable to the extent permitted by law.
BADA may refuse returns that are late, damaged, incomplete, missing components, used beyond inspection, or otherwise inconsistent with the applicable return policy.
Nothing in these Terms limits any return, refund, cancellation, warranty, chargeback, or consumer-protection rights that cannot be waived under applicable law.
16. Product Information and Availability
BADA attempts to display product information accurately, but product images, colors, sizes, dimensions, availability, prices, inventory, and descriptions may be incomplete, inaccurate, or different from the actual product.
BADA may rely on information provided by brands, manufacturers, vendors, or other third parties. BADA is not responsible for third-party product claims, except where BADA cannot disclaim responsibility under applicable law.
BADA may remove, modify, reject, or stop selling any product at any time.
17. Product Safety, Recalls, and Restricted Goods
You may not use the Service to sell, promote, ship, or provide products that are unlawful, unsafe, counterfeit, recalled, infringing, stolen, expired, misbranded, adulterated, or otherwise prohibited by BADA.
BADA may reject, remove, cancel, substitute, or suspend any product, listing, giveaway, order, or prize if BADA believes the product creates legal, safety, authenticity, shipping, intellectual property, manufacturer-authorization, or reputational risk.
18. User Content
The Service may allow you to create, upload, livestream, post, send, display, transmit, or otherwise make available content, including usernames, profile information, chat messages, livestreams, audio, video, images, comments, reactions, product discussions, entries, and other materials (“User Content”).
You are responsible for your User Content.
You represent and warrant that:
- you own or have all rights necessary to submit your User Content;
- your User Content does not violate any law;
- your User Content does not infringe, misappropriate, or violate any intellectual property, privacy, publicity, contract, or other rights;
- your User Content is not false, misleading, defamatory, obscene, harmful, abusive, harassing, hateful, threatening, exploitative, or otherwise unlawful;
- your User Content does not contain malware or harmful code; and
- your User Content complies with these Terms and BADA’s community standards.
19. License to User Content
You retain ownership of your User Content, subject to the license you grant to BADA.
By submitting User Content, you grant BADA a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to use, host, store, reproduce, copy, modify, adapt, edit, publish, translate, distribute, publicly perform, publicly display, transmit, stream, broadcast, create derivative works from, and otherwise exploit your User Content in connection with:
- operating the Service;
- providing livestream, chat, giveaway, product, and social features;
- recording, replaying, archiving, moderating, and displaying livestreams;
- enforcing these Terms;
- preventing fraud and abuse;
- complying with law;
- resolving disputes;
- promoting BADA and the Service; and
- creating clips, previews, highlights, advertising, marketing, and promotional materials.
This license continues for as long as reasonably necessary for those purposes, including after account termination where your content has been shared publicly, incorporated into streams, retained for legal or compliance purposes, used in promotional materials, or backed up in ordinary-course systems.
To the fullest extent permitted by law, you waive any moral rights or similar rights you may have in User Content, or agree not to assert those rights against BADA.
20. Livestreams and Public Interactions
Livestreams, chat messages, giveaway-entry actions, usernames, and other public interactions may be visible to other users, hosts, brands, and viewers.
Do not submit sensitive personal information, confidential information, private address information, financial information, health information, government identification numbers, or other information you do not want visible to others.
BADA may record, store, review, moderate, replay, or remove livestreams and related content for operational, legal, safety, fraud-prevention, moderation, and promotional purposes.
BADA does not guarantee that livestreams will be uninterrupted, available, error-free, or preserved.
21. Moderation and Platform Enforcement
BADA may, but has no obligation to, monitor, review, remove, edit, block, restrict, demonetize, or disable access to any content, account, stream, chat, entry, product, listing, order, or transaction at any time.
BADA may take enforcement action if BADA believes conduct or content:
- violates these Terms;
- violates Official Giveaway Rules;
- violates law;
- infringes rights;
- creates fraud, abuse, security, or platform-integrity risk;
- misleads users;
- creates safety risk;
- creates Apple, payment processor, shipping, or regulatory risk; or
- is otherwise harmful to BADA, users, partners, or the Service.
Enforcement may include warnings, content removal, entry voiding, prize forfeiture, order cancellation, feature restrictions, account suspension, account termination, reporting to authorities, and other actions.
22. Hosts, Brands, and Marketing Partners
BADA may work with hosts, creators, brands, manufacturers, retailers, vendors, advertisers, prize providers, and other partners.
Hosts and brands may receive compensation, free products, promotional support, or other benefits from BADA or third parties. Paid relationships, product placements, sponsored content, gifted products, or other material connections should be clearly disclosed where required by law or BADA policy.
No host, brand, or partner may represent that a purchase is required to enter or win a giveaway or that a purchase improves odds.
No host, brand, or partner may conduct, sponsor, or administer a giveaway through the Service unless BADA has approved the promotion and the promotion complies with applicable Official Giveaway Rules and platform requirements.
23. Prohibited Conduct
You may not:
- violate any law or regulation;
- violate these Terms or Official Giveaway Rules;
- use the Service if you are underage;
- submit false account, eligibility, payment, tax, or shipping information;
- create duplicate, fake, automated, or fraudulent accounts;
- use bots, scripts, macros, automation, device farms, or entry services;
- manipulate giveaway entries, odds, winner selection, chat, viewer counts, rankings, or engagement metrics;
- purchase, sell, transfer, or assign accounts;
- impersonate any person or entity;
- harass, threaten, defame, abuse, exploit, or harm others;
- post unlawful, infringing, deceptive, obscene, hateful, violent, or harmful content;
- livestream content you do not have the right to stream;
- use copyrighted music, video, images, trademarks, logos, or third-party content without authorization;
- interfere with the Service;
- reverse engineer, scrape, crawl, index, or extract data from the Service except as permitted by law;
- probe, scan, or test vulnerabilities;
- bypass security, fraud-prevention, age-gating, moderation, or access controls;
- upload malware or harmful code;
- use the Service for illegal gambling, lotteries, raffles, or wagering;
- sell or promote prohibited products;
- engage in payment fraud, chargeback abuse, or refund abuse;
- collect personal information from other users without consent;
- use the Service for spam, phishing, scams, or deceptive activity;
- misrepresent brand relationships, sponsorships, endorsements, or product claims;
- infringe intellectual property, privacy, publicity, or other rights; or
- assist or encourage others to do any of the above.
24. Intellectual Property
BADA and its licensors own the Service, including software, code, interfaces, graphics, logos, trademarks, service marks, trade dress, content, designs, features, databases, compilations, and other materials, excluding User Content.
Subject to these Terms, BADA grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service for your personal, lawful, non-commercial use, unless BADA expressly authorizes other use.
You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, create derivative works from, or exploit any part of the Service except as permitted by law or expressly authorized by BADA.
No rights are granted except as expressly stated.
25. Feedback
If you provide ideas, suggestions, requests, comments, or feedback about BADA or the Service, you grant BADA a perpetual, irrevocable, worldwide, royalty-free right to use, commercialize, modify, and exploit that feedback without restriction or compensation to you.
26. Copyright Complaints; DMCA
BADA respects intellectual property rights. If you believe content on the Service infringes your copyright, you may send a notice to:
Bada Studios LLC
Attn: Copyright Agent
105 W 86th Street
New York, NY 10024
Your notice should include:
- your physical or electronic signature;
- identification of the copyrighted work claimed to be infringed;
- identification of the material claimed to be infringing and information reasonably sufficient for BADA to locate it;
- your contact information;
- a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or law;
- a statement that the information in the notice is accurate; and
- a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
BADA may remove or disable access to allegedly infringing content and may terminate accounts of repeat infringers in appropriate circumstances.
27. Third-Party Services
The Service may include or depend on third-party services, software, SDKs, links, payment processors, streaming providers, analytics providers, shipping providers, app stores, and other services.
BADA is not responsible for third-party services, websites, content, policies, practices, products, warranties, or failures, except where BADA cannot disclaim responsibility under applicable law.
Your use of third-party services may be subject to separate terms and privacy policies.
28. Mobile App and App Store Terms
If you download or use the app through the Apple App Store, you acknowledge and agree that:
- these Terms are between you and BADA, not Apple;
- Apple is not responsible for the Service or its content;
- Apple has no obligation to provide maintenance or support for the Service;
- Apple is not responsible for any claims relating to the Service, including product liability claims, legal compliance claims, consumer protection claims, intellectual property claims, or claims arising from your use of the Service;
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as third-party beneficiaries; and
- giveaways are not sponsored, endorsed, administered by, or associated with Apple.
You must also comply with applicable App Store terms.
29. Communications
BADA may send you transactional, account, safety, legal, prize, giveaway, order, shipping, and service-related communications. These communications are part of the Service and you may not be able to opt out while maintaining an active account.
If you opt in to marketing communications, BADA may send promotional emails or other marketing messages. You may unsubscribe from marketing emails using the unsubscribe link or instructions provided in the message.
If you allow push notifications, BADA may send push notifications about streams, bookmarked streams, giveaway reminders, winner notifications, prize claims, account activity, and other Service features. You can manage push notifications through your device settings.
BADA does not currently assume an SMS program. If BADA later offers SMS messages, BADA must obtain consent and provide opt-out instructions required by applicable law before sending marketing text messages.
30. Privacy
Our Privacy Policy explains how we collect, use, disclose, and retain personal information. By using the Service, you acknowledge the Privacy Policy.
31. Dispute Resolution; Arbitration; Class Action Waiver
Please read this section carefully.
31.1 Informal Resolution First
Before filing a claim, you and BADA agree to try to resolve the dispute informally. The party raising a dispute must send written notice describing the dispute, the relief sought, and contact information.
Notices to BADA must be sent to:
Bada Studios LLC
105 W 86th Street
New York, NY 10024
You and BADA agree to attempt in good faith to resolve the dispute for at least thirty (30) days after notice is received.
31.2 Binding Arbitration
Except for disputes excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your account, purchases, giveaways, content, privacy, communications, or the relationship between you and BADA will be resolved by binding individual arbitration.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, unless another arbitration provider is mutually agreed or required by law.
31.3 Exceptions
The arbitration requirement does not apply to:
- individual claims in small claims court, if they qualify;
- claims seeking only individualized injunctive relief for unauthorized access, hacking, or misuse of the Service;
- intellectual property claims;
- claims that cannot be compelled to arbitration under applicable law;
- requests for public injunctive relief to the extent applicable law prohibits arbitration or waiver of such claims; or
- complaints to government agencies.
31.4 Individual Proceedings Only
You and BADA agree that disputes will be resolved only on an individual basis. You and BADA waive the right to bring, participate in, or recover through any class action, class arbitration, collective action, representative action, private attorney general action, or consolidated proceeding, except where applicable law does not permit such waiver.
31.5 Mass Arbitration Procedures
If twenty-five (25) or more similar arbitration demands are filed against BADA by the same or coordinated counsel, or are otherwise coordinated, the parties agree to use reasonable batching, bellwether, mediation, or staged procedures designed to resolve the claims efficiently and fairly.
The arbitrator or arbitration provider may establish procedures to avoid duplicative fees and inconsistent results, consistent with due process and applicable law.
31.6 Arbitration Opt-Out
You may opt out of arbitration by sending written notice to info@shopbada.com within thirty (30) days after you first accept these Terms.
Your opt-out notice must include your name, email address associated with your account, and a clear statement that you opt out of arbitration. Opting out of arbitration will not affect any other part of these Terms.
31.7 Arbitration Fees
Arbitration fees will be allocated according to the applicable arbitration provider rules and applicable law. BADA will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claim is frivolous or brought for an improper purpose, or unless applicable law permits such recovery.
31.8 Jury Trial Waiver
To the fullest extent permitted by law, you and BADA waive the right to a jury trial.
31.9 Severability
If any part of this arbitration section is found unenforceable, that part will be severed or modified to the minimum extent necessary, and the remainder will remain in effect. If the class action waiver is found unenforceable as to a particular claim, that claim must proceed in court and not in arbitration, unless otherwise required by law.
32. Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement.
Nothing in these Terms limits non-waivable rights you may have under the laws of your state, territory, or jurisdiction of residence.
33. Venue
For disputes not subject to arbitration or small claims court, you and BADA consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, except where applicable law requires otherwise.
34. Disclaimers
The Service is provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, BADA disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, reliability, and uninterrupted operation.
BADA does not warrant that:
- the Service will be uninterrupted, secure, or error-free;
- livestreams will be available or preserved;
- chat, notifications, entries, purchases, or prize claims will be delivered without delay;
- content will be accurate or complete;
- products will match every image, description, or expectation;
- giveaways will be available in every jurisdiction;
- defects will be corrected; or
- the Service will be free of viruses or harmful components.
Some jurisdictions do not allow certain disclaimers. In those jurisdictions, disclaimers apply only to the fullest extent permitted by law.
35. Limitation of Liability
To the fullest extent permitted by law, BADA and its affiliates, officers, directors, employees, contractors, agents, service providers, licensors, suppliers, partners, and representatives will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost data, loss of goodwill, business interruption, personal injury, emotional distress, or cost of substitute services, even if advised of the possibility of such damages.
To the fullest extent permitted by law, BADA’s total liability for any claim arising out of or relating to the Service, these Terms, your account, content, purchases, communications, or giveaways will not exceed the greater of:
- the amount you paid to BADA for the specific product or transaction giving rise to the claim;
- the amount you paid to BADA in the six (6) months before the event giving rise to the claim; or
- one hundred U.S. dollars ($100).
These limitations do not apply to liability that cannot be limited under applicable law.
36. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless BADA and its affiliates, officers, directors, employees, contractors, agents, service providers, licensors, suppliers, partners, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
- your use or misuse of the Service;
- your User Content;
- your violation of these Terms;
- your violation of Official Giveaway Rules;
- your violation of law;
- your violation of third-party rights;
- your fraudulent, abusive, or manipulative conduct;
- your product claims, brand claims, livestream statements, or endorsements;
- your purchase, sale, shipment, use, or misuse of products, to the extent caused by your conduct; or
- your false eligibility, payment, tax, or shipping information.
BADA reserves the right to control the defense of any matter subject to indemnification. You agree to cooperate with BADA’s defense.
37. Suspension and Termination
You may stop using the Service at any time. You may request account deletion through the app or by contacting BADA, subject to identity verification and retention permitted by law.
BADA may suspend, restrict, or terminate your access to the Service at any time if BADA believes:
- you violated these Terms;
- you violated Official Giveaway Rules;
- you created legal, safety, fraud, security, or platform-integrity risk;
- your account is associated with suspicious activity;
- your conduct may harm BADA, users, partners, or third parties;
- your use of the Service is unlawful or prohibited; or
- BADA is required or permitted to do so by law, platform rules, payment processors, or service providers.
Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination will survive, including ownership, content license, disclaimers, limitation of liability, indemnity, dispute resolution, governing law, and any payment or compliance obligations.
38. Changes to the Service
BADA may modify, suspend, discontinue, replace, or restrict any part of the Service at any time. BADA may also impose limits on features, eligibility, entries, accounts, purchases, regions, or content.
BADA is not liable for changes to or discontinuation of the Service, except where prohibited by law.
39. Changes to These Terms
BADA may update these Terms from time to time. If we make material changes, we will provide notice as required by law, which may include posting the updated Terms, providing in-app notice, or sending email notice.
The updated Terms will be effective when posted or as otherwise stated. Your continued use of the Service after updated Terms become effective means you accept the updated Terms.
Disputes will be governed by the Terms in effect at the time the relevant events occurred, unless otherwise required by law.
40. Miscellaneous
These Terms, together with the Privacy Policy, Official Giveaway Rules, and any supplemental terms, constitute the entire agreement between you and BADA regarding the Service.
You may not assign these Terms without BADA’s consent. BADA may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, or by operation of law.
If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will remain in effect.
BADA’s failure to enforce any provision is not a waiver.
Headings are for convenience only.
The word “including” means “including without limitation.”
41. Contact
Bada Studios LLC
105 W 86th Street
New York, NY 10024