Online Badge Maker and Online Image Editor ( “we,” “us,” and/or “our”) provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without prior notice to you. You can review the most current version of the TOS at any time by clicking on the link to the TOS displayed on the Service (as defined below). You are responsible for reviewing this TOS each time you use the Service. You shall be subject to this TOS whether you use the Service directly or through a third party site that links to the Service. Your continued use of the Service (whether directly or through a third party site that links to the Service) after any changes to this TOS constitutes your acceptance of the new TOS. In addition, when using certain services, you are subject to any additional guidelines or rules applicable to such services that may be posted on the Service from time to time, and all such guidelines or rules are hereby incorporated by reference into this TOS.
Description of Service: Online Badge Naker provides users with photo-related services (including photo editing and photo sharing services) and other services through its website located at www.onlinebadgemaker.com / www.online-image-editor.com (all such services and such website, the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this TOS.
Age: If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Modifications to Service: Online Badge Maker reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Online Badge Maker shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Online Badge Maker may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that photographs, graphics, messages, communications, postings, information, data, text, software or other materials or content (collectively, “Content”) will be retained by the Service and the maximum disk space that will be allotted on Online Badge Maker servers on your behalf. You agree that Online Badge Maker has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You further acknowledge that Online Badge Maker reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Your Content: You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Online Badge Maker, are entirely responsible for all Content that you edit, upload, post, share, email or otherwise transmit or make available via the Service.
You agree not to edit, upload, post, share, email or otherwise transmit or make available via the Service any of the following:
You should use an "adult-content" warning label when Content is being shared that includes any legal adult content. You should also keep back-up copies of your Content, as the Service is not intended to be guaranteed back-up solution.
Your Conduct: We expect that you will use the Service in a respectful manner.
In particular, you agree not to use the Service to:
Special Notice for International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. If you are providing any Registration Data from any foreign country, you acknowledge and consent to such data and information being processed by Online Badge Maker and its service providers in the United States and/or other countries.
No Resale of Service: Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes any portion of the Service, use of the Service or access to the Service.
Content Available on the Service: You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable, or Content that promotes activities or practices that pose a risk to your health or that are otherwise illegal or objectionable. Under no circumstances will Online Badge Maker be liable in any way for any Content, or for any loss or damage of any kind, including bodily injury and death, incurred as a result of the use of any Content edit, uploaded, posted, shared, emailed or otherwise transmitted or made available via the Service.
You acknowledge that Online Badge Maker does not pre-screen Content, but that Online Badge Maker and its designees shall have the right (but not the obligation) in their sole discretion to refuse, remove or move, permanently or temporarily, any Content that is available via the Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, safety, or usefulness of such Content.
Online Badge Maker does not claim ownership of the Content you edit, upload, post, share, email or otherwise transmit or make available via the Service. In addition, with respect to photos that you edit using the Service, in the vast majority of cases, the photos remain on your local computer and are not uploaded to the Service. However, in those instances where you upload, post, share, email or otherwise transmit or make available Content to the Service, you hereby grant Online Badge Maker a nonexclusive, worldwide, royalty free, non-revocable, sublicensable license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat such Content solely for the purpose of providing the Service. Other than as permitted or requested by you, however, we will not use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate or reformat your photos. In addition, if you do upload any photos to the Service solely for the purpose of editing the photos, we will use commercially reasonable efforts to delete the copies of such photos stored by the Service within two (2) hours after it is no longer necessary for such photos to be stored by the Service.
If you share any of your Content with, or otherwise make such Content available to, other users of the Service, you hereby grant such other users a nonexclusive, worldwide, royalty free, perpetual, non-revocable, sublicensable license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat such Content.
Copyright Policy: Online Badge Maker respects the intellectual property of others, and we ask our users to do the same. Online Badge Maker will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
The above information should be sent to Online Badge Maker Designated Agent by Email:
In accordance with the DMCA and other applicable law, Online Badge Maker has adopted a policy of terminating, in appropriate circumstances and at Online Badge Maker's sole discretion, members who are deemed to be repeat infringers. Online Badge Maker may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Software: You acknowledge and agree that the Service and any related software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Online Badge Maker, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Software, if any, that is made available to download from the Service, excluding software that may be made available by end-users through the Service, is the copyrighted work of Online Badge Maker and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, Online Badge Maker grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Online Badge Maker for use in accessing the Service. Any rights not expressly granted herein are reserved.
Trademarks: Certain trademarks, service marks, and logos of Online Badge Maker, including Online Badge Maker and online-image-editor.com and their corresponding logos (collectively, the “Online Badge Maker Trademarks”), are used and displayed on this Service. Nothing in this TOS or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Online Badge Maker Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Online Badge Maker Trademarks will inure to our benefit.
Third Party Websites: The Service may provide, or third parties may provide, links to other sites and resources on the Internet. In addition, other sites or resources may link to the Service. Because Online Badge Maker has no control over such sites and resources, you acknowledge and agree that Online Badge Maker is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, events, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Online Badge Maker shall not be responsible or liable, directly or indirectly, for any damage or loss, including bodily harm or death, caused or alleged to be caused by or in connection with use of or reliance on any such Content, advertising, events, services, products, or other materials available on or through any such site or resource.
Interactions with Other Users: The Service may provide you with the opportunity to interact with other users or groups of users of the Service. Your interactions with other users are solely between you and such other users. You agree that Online Badge Maker shall not be responsible or liable for any loss or damage of any sort, including bodily injury or death, incurred as the result of any such interactions.
Dealings with Advertisers: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Online Badge Maker shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Online Badge Maker MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER RESULT THAT RESULTS. NO CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Online Badge Maker OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Questions? Concerns? Suggestions?
Please Contact Us to report any violations of this TOS or to ask any questions regarding this TOS or the Service. We are here to listen.