Signed in as:
filler@godaddy.com
Last updated: October 20, 2023
Browser’s Agreement
This web page represents a legal document that serves as our terms of use and it governs the legal terms of BADDBOY news domain; Baddboy.com, sub-domains, & any associated web-based and mobile applications (specifically, "domain, site or Baddboy.com”), as owned & operated by Baddboy news, a Los Angeles based news services outlet.
The terms, unless otherwise defined, have the meaning specified within the definitions section below. This terms of use along with our privacy policy, any mobile license agreement, and other posted guidelines within our domain, specified (legal terms), constitute the entire & only agreement between the user & Baddboy news, & supersede all other agreements, representations, warranties & understandings with respect to (baddboy.com) & the subject contained herein. We may amend our legal usage terms at any time without notice.
The updated copies of our legal terms will be posted on our site, and you should review all legal terms prior to using Baddboy.com.
After any revisions to our legal terms are added to our site, you agree to be bound to any such changes to them.
By browsing Baddboy.com, you agree to fully comply with and be bound by our Legal Terms. If you do not accept our Legal Terms, choose not to browse this domain .
Baddboy news reserves the right, without prior notice to make changes to our site's agreement at anytime. Please check the agreement on this site periodically for updates & changes to see if you disagree with the updated agreement on our website. If you do, you should immediately stop your use of the site and exit.
Baddboy news www.baddboy.com/
Defined Terms of service & agreement:
Definitions:
The terms “we”, “us”,“our” "Baddboy" means (Baddboy news) is the owner of this domain..
User:
A user is a agent, whom browses our domain, All information, audio, video, data, graphics, and text offered through our domain are collectively known as “content”.
By accessing or using the baddboy.com, or contributing content or other materials to Baddboy.com, you agree to be bound by these terms of service & agreements therein.
Intellectual Property
The site & its work and functionality are owned by Baddboy news and are protected by U.S. patent, global copyright, trademark(s), company trade secret(s) and also other types of intellectual property or proprietary rights laws therein. All text, works, con and logos and/or our registred trademarks outside of the login portal are non transferable from this site at anytime. You cannot copy+paste our website images, information, from Baddboy.com at anytime. Only the media clients while logged into their accounts here at BADDBOY.com can violate some of those terms while from behind their logged in accounts at BADDBOY.com.
Limited License:
Baddboy news grants you only a non-transferable, non-exclusive, strictly limited license to use only while visiting Baddboy.com in accordance with the agreement & site policies therein as it is written.
Limitations of our liabilities
In no event-ever shall Baddboy news, it's employees, officers, independent contractors or affiliates, be liable for damages, direct or consequential, resulting from your use of the domain; & you agree to defend, indemnify and hold us harmless from any claims, of criminal or civil, losses, liability expenses, costs, all damages and expenses, including but not limited to attorney’s fees, court fees, stemming from your civil and/or criminal actions or arising from your violation of any third-party’s rights of any kind.
News Service Client Login:
We reserve the right to terminate your access to the client login portal if we detected probable causes that shown us you pose a threat to our security or safety of our business or site client login portal, without prior notice, which may result in the forfeiture & deletion of all private user data/info associated with your account. But if that occurred, you as the client will still be billed for any and all purchases you’ve made on the next billing cycle due date of the first of each month regardless if you couldn’t log back into your account , we will allow your company to pay your dues to Baddboy News with a direct wire transfer to our financial institution where w have a business checking account with. The deadlines for payment will still be the written agreement as when you signed up unless changes were made
Defined:
Baddboy News never collects any browser‘s personal identifiable information, emails, addresses, credit card information, etc but know that godaddy is the server we use and they do collect certain traffic information from our visitors who browse Baddboy.com without profit to us.
By using this website, you agree to the collection and use of data in accordance with this policy. Unless otherwise posted or defined in this privacy policy; terms used in this privacy policy have the same definitions as in our terms & conditions; accessible at (baddboy.com).
Collection & use of personal data:
Client / Network Login portal only
While you use our site, we may ask you to provide us with certain personally identifiable data that can be used to contact or identify you. Personally identifiable data may include, but is not limited to, your legal full name, email address, mailing address and contact phone numbers. Godaddy will be the merchant payment that will only be allowed for payment of a small merchant fee per download in the login portal and you, as the client will have to open a payment account with that third-party payment because it doesn‘t PayPal or a direct credit card payment In our client login online store.Baddboy News has no access to clients personal banking information ever. The client login portal will be protected by a strong SSL lock which will be publicly visible throughout the entire website of Baddboy.com
Governing Law(s) defined:
This agreement and {any further rules, polices, ordinances or guidelines incorporated therein or via reference in the site} shall be governed and construed in accordance with the laws of the state of California in the USA, without giving effect to principles of conflicts of the laws therein.
Site data defined:
Many site operators like us, do collect data that your browser sends whenever you visit our domain. Logged data may include info for example computer’s Internet Protocol / IP addresses or masking ip, browser kind, browser version & date, the devices name, which pages of Baddboynews site you visited, the time & date of your visit, & other dat
Communications:
We may contact our clients to alert them about the nearing billing due date through their e-mail or business phone.
Legal compliance defined:
Baddboy news will disclose your personal information where required to do so by law or subpoena signed by judge or if we believe that such action is necessary to comply with any laws and the requests by law enforcement or to protect the security or integrity of our company.
Links to third-party sites:
Baddboy news assumes No liability;
Baddboy website may contain links to other sites that are not operated by Baddboy news. If you click on a third party url, you will be directed to that third party’s domain.
Privacy of a minor
Baddboy.com does not knowingly market to or converse with anyone under the age of 18 years of age (“minors”) online, in text, over an internet connection or on the phone. We do not knowingly collect personal identifiable information from minors under the age of 18 years old.
Privacy policy
Limited License:
Baddboy news grants you a non-exclusive, non-transferable, revocable license to access and use Baddboy.com strictly in accordance with our legal terms. Your use of (baddboy.com) is solely for the purposes stated within our legal terms; any other use is a violation of this license and will result in the revocation of your site's membership.
Legal Compliance:
You agree to comply with all applicable domestic and international laws, federal & state ordinances, and regulations regarding your use of our domain.
Baddboy news reserves the right to investigate complaints or reported violations of our legal terms and to take any action we deem appropriate, including but not limited to canceling your member account, reporting any suspected unlawful activity to law enforcement officials or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage logged, posted messages, IP addresses and traffic history, as allowed under the federal and state laws.
Intellectual Property:
Our website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our website does not grant you ownership rights of any kind in our website and that goes also for creation of screenshots of our work and or site pages.
Links to outside websites:
(Baddboy.com) may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these third-party websites, we do not create or have an affiliation with, or sponsor such third party websites in the links.
The inclusion of links within (baddboy.com) does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Baddboy news has no control over the legal documents and privacy practices of third party website URLs; as such, you access any such third party websites at your own risk.
Baddboy news assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, member content.
Baddboy news @Baddboy.com is not responsibility for any technical malfunction or injury or damage to anyone’s computer, mobile phone, or other hardware or website, related to or resulting from using, uploading, or downloading materials in connection with baddboy site. Under no circumstances will Baddboy news be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of Baddboy.com or for any interactions between Users of our Website, whether online or offline.
Baddboy.com website IS PROVIDED “AS-IS,” WITH “ALL TYPO ERRORS" ALL GUARANTEES, MOTIONED, IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED GUARANTEES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
THEREFORE ALL BADDBOY NEWS AFFILIATES, HAVE NO LIABILITY throughout all of our pages you use as a user here on Baddboy.com site.
Copyright Law:
The Copyright Act defines “motion pictures” as “audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.” 17 U.S.C. § 101
Baddboy news
Company's Diversity, Equity and Inclusion Policy
Last update: October 2023
Baddboy news is committed to fostering, cultivating and preserving a culture of diversity, equity and inclusion.
An equal opportunity employer / We do not discriminate.
At Baddboy news, diversity initiatives are applicable but not limited to our practices & policies on recruitment for job selection; professional development & photojournalistic from on scenes of actual real breaking news events; promotions; social gatherings, layoffs; compensation & benefits if offered; terminations; & Baddboy news future development of a work environment built on a solid credible foundation of gender and diversity equity that continually encourages & enforces:
• Employer: Our independent contractors contributions to the communities we serve to promote a greater understanding & respect for the diversity.
• All and any journalist stringers working for Baddboy news have a responsibility to treat others with dignity & respect at all times while on working hours .
• All of our Baddboy news news stringers are expected to exhibit professional conduct that reflects inclusion during work, on the scene functions, on or off duty & at all other Baddboy news sponsored & events.
All Baddboy news' freelance photographers, professional photojournalists are also required to sign a written agreement upon hire in which it states clearly in regards to our company's diversity, equity and inclusion policy.
It is Baddboy news' company policy that states if any of our employees are found to have exhibited any inappropriate conduct or behavior against others may be subject to disciplinary action or termination from duties therein and their Baddboy news sponsored Law enforcement press credentials will automatically become voided upon the termination hour and date.
Baddboy news employees who believe they have been subjected to any kind of discrimination that conflicts with Baddboy news diversity policy & initiatives should inform a Baddboy news ceo prior to seeking legal counsel
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://baddboy.com website (the “Service”) operated by BADDBOY.com BADDBOY NEWS (“our”, “we”, or “us”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. If you have any questions about this, contact us at Baddboy news.
Baddboy.com
Accounts
When you register for an account with us, you must provide us information that is updated, accurate, complete, at all times. Failure to do so constitutes a breach of the Terms, which may result in an immediate termination of your account on our Service.
You are responsible for keeping your password a secret that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service which you use to login to our Service with (for example: using a VPN or other similar type of password third-party security login software on a third-party server).
You agree not to share your password with any third-party. You must notify a Baddboy News representative immediately upon becoming aware of any breach of security or unauthorized use of your account and if you lost your password or it was stolen or is known by others other than you as in the person the account is registered to.
Accounts & Service
You can use parts of the Service, such as browsing and searching for Content, without having to pay up front fees for downloading content However, you do need to fill out the account information upon registering for your account on Baddboy.com in order to gain access to the downloading features. With your own account you register for here on Baddboy.com, you will be able to access fresh breaking stories we captured on video and uploaded here within the first hour after we captured the footage from the scene, editorial to those news stories captured with times, dates, locations and detailed info, view the clips prior to choosing to agreeing to the terms of downloading, you understand that you pay only if you show the download after you downloaded the “Work" from our site. We charge per showing, not per download.
Content Service
The content on the Service includes videos, audio (for example human sounds, police radio static, music, sounds of Mother Nature ), graphics, photos, text (such as text format and scripts), branding (including trade names, trademarks, service marks, or logos), metrics, interactive features, software, and other materials whether provided by you, Baddboy News or a third-party as in (collectively, "Content”).
Age Requirements
You must be at least 13 years old to use the Service if enabled by a parent or legal guardian.
Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. You can find tools and resources to help you manage your family’s experience while browsing Baddboy.com, in the search engine.
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
CONTENT
Content is the responsibility of the person or entity that provides it to the Service. Baddboy News is under no obligation to host or serve Content. If you see any Content you believe does not comply with this (“Content Agreement”), including by violating the (Above Terms) or the law, you can contact a Baddboy News representative and file a report with our HR department. If you want to close your account and delete all of your information you enlisted, contact a Baddboy News representative for help. We do keep your invoice records, name, company entity information (e.g. company street address, company phone number, business email(s), taxation number is applicable and name of the person associated with the account during registration of the account, for five (5+) years or to our company’s unannounced duration (for Baddboy News’ annual taxation filing records) after the date of each the download within each registered account and all Terms apply.
LOGIN ACCOUNT PASSWORDS
To protect your account, it is your responsibility to always keep your password confidential. You should not reuse your account password on third-party applications at anytime.
Your Information
Our Privacy Policy explains how we treat your personal data your privacy when you use the Service.
ACCEPTANCE
These Terms are effective upon posting. By using the company’s services covered by these Terms and thereby agreeing to these Terms, you agree that this version of these Terms applies to all “Work” submitted under these Terms and any “Work” previously submitted to Baddboy News, whether pursuant to previous versions of these Terms or other agreements between you and Baddboy News. If you do not consent to any of these things, you may not use the Site.
News Editorial Use Only:
Unless specifically agreed to by Baddboy News’ company employee management position or better , in writing, all “Works” are licensed solely on an “editorial” basis, meaning they must be Used as part of and limited to only legitimate news, news print and/or photojournalism reporting therein. The “Works” cannot, without express written permission from Baddboy News, be Used as a means of promoting any product(s) or service(s). This includes, without limitation, “pop-up(s)” or “mouse-over(s)” Advertisements, “tag(s),” or “widgets,” or any other notifications or display mechanisms that sell and/or market the person(s), place(s) or things depicted in the “Work”. “Works” also cannot be Used as part of any branded presence you control on “social media sites”, such as Blogger, Google+, Twitter, Tic-Toc, MySpace, Vimby Videos, Tumblr, Flickr, Patch, Facebook, YouTube, LinkedIn, Answers, Instagram, Wikipedia or Yelp. Before making any non-editorial Use of a “Work”, please contact a Baddboy News’ representative for specific pricing and additional Terms that may apply.
BADDBOY NEWS LICENSE TERMS AND AGREEMENT
These license terms cover any images, video, multimedia, audio or other works provided to you by Baddboy News and Baddboy.com, or its successor in interest (herein “Baddboy”), and designated as DBA / Doing Business As (“Baddboy News”, “Baddboy”, “Baddboy” and “Baddboy.com”) content as in (“Works”). Your affirmative act of downloading and/or using any (“Work”) signifies that you agree to these License Terms (also referred to as this “Agreement”) and that you consent to receive required notices and to transact business with Baddboy News electronically. If you do not consent to these things, do not download or access any (“Works”).
In consideration of the foregoing recitals and the mutual covenants, promises and agreements set forth herein, you and Baddboy News agree as follows:
1. RECITALS
Baddboy News is in the news business of capturing and obtaining:
newsworthy video footage
editorial content
motion picture photography
still photography and other items in reference to a crime scene or newsworthy event, publication and broadcast in television news and within the entertainment markets, print and\or electronic content
books
newspapers
radio
magazines
tabloid papers
Internet websites
mobile phones apps
iPads and tablets
electronically transmitted devices
computers
laptops
pc’s and any other media (collectively, “news media outlets”).
2. Grant License
Subject to the Terms outlined herein, Baddboy News grants you a non - exclusive revocable, worldwide license to download or otherwise acquire and publicly display (collectively, to “Use”) the “Works” you select from the BaddboyNews / http://Baddboy.com site via all media outlets and territories you select on account registration and login.
Each Use in a different media outlet or territory requires payment of a separate license fee. Your Use is strictly limited to the specific news media outlet(s) that you designate on the account registration information when you set up an account. If Use in additional media outlets is required over a period of time, please contact a Baddboy News Representative for revised pricing.
Additional restrictions
However, you may never, absent express written consent from Baddboy News,
DO NOT:
Falsely represent, expressly or impliedly, that you are the original creator of any “Work”, or of any other item that derives a substantial portion of its journalistic or pecuniary value from such “Work”.
Manipulate, retransmit or display the Site or its contents using framing, inline or deep linking, embedding or any similar technology; Interfere with or impede the operation of the Site or any Service or system offered on or accessible via the Site; To exploit or make use of the Site or its contents for any type of improper purposes, as determined by Baddboy News in its sole discretion.
Use any “Work” on or in connection with any pornographic, defamatory, obscene or otherwise unlawful disrespectful or in an intent to diminish Baddboy News DBA’s or the site Baddboy.com’ credibility, or in any way that would be reasonably likely to bring any person reflected in the “Work” into disrepute, or to portray such person(s), place(s) or thing(s) in a manner that: (l) creates a mental association with potentially sensitive subjects, including, but not limited to domestic violence, mental illness, DUI, a wanted suspect bulletin, a criminally insane person, income tax evading, shoplifting, stealing, lying, untrustworthy, dangerous person, a panic attack, mental and physical health problems like depression or suicide, has poor credit, in is a liability to bankers, homelessness, drug or alcohol abuse, drug trafficking, fake news reporting, real or implied harmful activity or preferences, criminal behavior, any other subject matter that would be reasonably likely to reflect adversely upon the person(s), place(s) or thing(s) reflected in the “Work”; or (ll) could cause a third party to think that such person(s) personally endorses or is affiliated with any product(s), company or service(s) offering, unless the original “Work” itself clearly and unequivocally depicts that person in such a manner.
3. COMPENSATION
Subject to all applicable Terms, your ability to Use the selected “Works” is conditioned upon payment as follows:
“$” — A Payment via U.S. Dollars, per downloaded clip will be charged to Your account for each downloaded clip. The charge is a coverage service charges which helps us recover costs to continue to offer our customers this downloadable feature on the site which replaces the old fashioned way of delivering the raw content to the Media Outlets therein.
Baddboy News will create a recurring invoice which will be issued to you once every seven (7) days (not excluding holidays or weekends) for the previous seven days of downloaded materials or (e.g. “Works”, breaking news, archive footage, images).
Payment will be made within thirty (30) days of each invoice.
4. TERM AND TERMINATION:
These License Terms shall continue from the date of download or acquisition for thirty (30) days. However, irrespective of whether these Terms are allowed to expire or are terminated according the provision listed in Terms, Sections number(s) 1., 5., 6. and number 7. herein shall survive such expiration, along with the provisions listed in the Website Terms & Conditions. Upon such termination or expiration, all Works must be removed from any media outlet entity that you own or control, within two months or sixty (60) days (whichever comes first) of such termination or expiration. If any “Works” are not removed within our specified timeframe, You agree to pay Baddboy News an archive fee in an amount equal to one hundred percent (95%) of the fees listed above from the date of termination/expiration until such removal has been completed.
5. REMEDIES
In addition and without prejudice to any other remedies within law or equity that Baddboy News may have, (including those provided for in the Website Terms & Conditions), you specifically agree that Use of any “Work” in contravention of either these License Terms or the Website Terms & Conditions will require an additional payment in an amount equal to one hundred percent (95%) of the fees listed above in order to offset Baddboy News’ reasonable costs and expenses in which we are legally entitled to.
6. COMMERCIAL IDENTIFIERS, WATERMARKS AND CAPTIONS
An appropriate and valid, capable credit line must accompany any “Work”, reading the entity or DBA “Baddboy News or www.baddboy.com” along with hyperlinks to the website of baddboy.com, respectively.
7. RELEASES
It is your sole responsibility to determine whether and to what extent any model or other releases are necessary for your particular Use of a “Work”. Baddboy News neither acquires nor provides releases for any “Work(s)”.
SITE BLOG COMMENTS AND USER-GENERATED POSTED CONTENT
Baddboy News allows, under certain circumstances, users to post comments in our blogs on the site in some places now or in the future and other messages on or via the Site. By submitting such user-generated content, you grant Baddboy News a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display it in any form or technology now known or later developed, including for promotional and/or commercial purposes.
Please review the relevant Service restrictions found in the Terms for Baddboy News’ policies and Agreements and Privacy Policy to understand the Terms of our Service. Separate from and in addition to such restrictions, you may not upload, post, transmit, distribute or otherwise publish through the Site any materials or information which restricts or inhibits others from using the Site or any Services offered thereby; or that contains viruses, spyware, malware, attacks, url’s, css encoding, adware, embedded links or advertising, chain letters or other undesirable components; or that violates any law, rule or regulation of any jurisdiction. You also may not impersonate any other person or entity, whether actual or fictitious, including but limited to Baddboy News and/or its employees.
You bear sole legal liabilities for the content you submit, and agree to indemnify and hold harmless Baddboy News in accordance with all Terms.
PRIVACY
For information on how Baddboy News treats information that it collects from you, please consult the privacy policy of the Website Terms & Conditions section.
Work
If any “Work” is to be Used in a printed publication (e.g. newsprint, magazines, commercial), you agree to provide Baddboy News with an electronic copy of the printed version in Adobe’s Acrobat (“.PDF”) file format as soon as it is available.
REPORTING
Wherever any “Work” is to be Used over the world wide web, you agree to report web traffic to Baddboy News. The report is to be produced and disseminated on either a monthly or quarterly basis (whichever is most consistent with your own internal reporting schedules) and should show both total page hits and unique users. You agree that Baddboy News shall have the right to retain this traffic information in it’s whole, even after all applicable Terms either have already expired or terminated, or your professional relationship with Baddboy News has otherwise ended.
THIRD-PARTY USAGE TERMS
You (e.g. the “User” or the Service) Specifically agree to take all professional reasonable steps to provide reassurance that “Works” in your possession and/or control are not to be misappropriated or misused by others and also that such misappropriation or misuse (wether you are actually aware of this activity or you are not) constitutes a “Works” breech of this agreement holding you liable for all damages thereof.
INDEMNIFICATION
Each party agrees to indemnify, defend and hold harmless the other party, along with its respective company directors, company employees, parents, entity officers, subsidiaries, entity affiliates, stockholders, agents, independent contractors and licensed contractors, from any claim or demand (including reasonable attorneys’ fees and costs of legal action lawsuit) made by any third party due to or arising out of a violation or alleged violation of any Term, or of the legal rights of another.
The indemnified party shall provide prompt notice to the other party of any such claim. Once notice is given, the indemnifying party shall have the right to, in its sole discretion, assume the exclusive defense and control of the matter and determine whether (and how) to resolve it amicably. The indemnified party shall cooperate with the indemnifying party’s reasonable efforts.
INTELLECTUAL PROPERTY RIGHTS
Baddboy News owns all intellectual property rights in and to the “Works” and nothing in these License Terms or in any other applicable Term gives you any right, title, ownership or interest thereof.
Furthermore, if and to any extent that any “Work” is ever held to be a “work for hire”
(In the copyright law of the United States, a work made for hire (work for hire or WFH) is a work subject to copyright that is created by an employee as part of his or her job, or some limited types of works for which all parties agree in writing to the WFH designation).
WORK FOR HIRE
The term of copyright protection of a work made for hire is 95 years from the date of publication or 120 years from the date of creation, whichever expires first. (A work not made for hire is ordinarily protected by copyright for the life of the author plus 70 years.) pursuant to the U.S. Copyright Act or other analogous law, you automatically agree to transfer all copyrights in that “Work” to Baddboy News and to execute all documents and perform all tasks that are reasonably necessary to accomplish, expedite or implement the complete transfer.
You may make one [1] standard resolution copy of each “Work” solely for backup purposes, provided all , captions, notices and commercial identifiers and watermarks are preserved on the back-up copy.
MISCELLANEOUS
These are “Service-Specific Terms” as defined by Baddboy News’ “Internet Website Terms & Conditions” (located at http://www.baddboy.com) Baddboy News entity’s website, which are hereby incorporated by reference. Unless otherwise specified herein, all capitalized words and works in “quotes” shall retain any special meanings and definitions assigned to them in these License Terms or the Baddboy.com site Terms & Conditions. These Terms are effective upon posting.
By using Baddboy News’ services covered by these Terms and thereby agreeing to these Terms, you agree that this version of these Terms applies to all “Works” licensed under these Terms and any Works previously licensed from Baddboy News, whether pursuant to previous versions of these Terms or other agreements between You and Baddboy News.
Baddboy News may, at its own discretion and without any public or private prior notice, freely assign these License Terms and any rights or obligations obtained or incurred hereunder, including without limitation the license in Section 2. (e.g. Grant License) and/or rights to compensation under Section number 3. (e.g. COMPENSATION), to (a) any surviving entity in a merger, acquisition or consolidation in which Baddboy News participates; (b) a buyer in connection with a sale of all or substantially all of the assets of Baddboy News, or (c) any affiliate of Baddboy News.
Use or incorporate a “Work” into any logo, trademark or other commercial identifier, or Use or incorporate any logo, trademark or other commercial identifier into a “Work”.
Make a secondary reproduction of any “Work”, including without limitation any reprint or republication on hoodies, posters, t-shirts, keychains, banners, flags, hats, partying gifts, knitted caps, brochures, mugs, calendars or other items.
Crop or resize a “Work” more than is reasonably necessary for the efficient display of the “Work”.
Remove any captions, watermarks or notices contained within or on the “Work” itself (if any such changes are made, Baddboy News will attempt to obtain the appropriate remedy or remedies, and you agree in advance to cooperate fully with these efforts created by us).
Use any “Work” in any product(s) or system(s) that makes a “Work” inordinately susceptible to copying and Use by third-parties, such as in an online image database (e.g. ImageShack, Google Drive, Tumblr, Instagram, Flickr) or “file sharing networks”.
Procure, access or use any “Works” provided by or belonging to Baddboy News, including without limitation the Site and any “Works” found thereon or accessible thereby, via automated extraction methods without consent (e.g. designation in a "robots.txt" file).
Make or offer any “Work” as being “embeddable” into the websites or other online destinations of third parties who have not licensed said “Works”.
Last revision date: September 19, 2023
Baddboy News content license Terms are entered into by and between you and Baddboy News, and cover any images, artwork, audio, video, human sounds, natural sounds or other similar recorded content (“Raw footage”) You provide or have provided in the past to Baddboy News or any predecessor in interest to Baddboy News, respectively.
RECITALS
(A) You wish to syndicate certain Raw digital content and offer them for publication or display in or one or more electronic and print publications, news and commercial entertainment content services, Internet websites, television networks, radio programs and other platforms (collectively, “our network media clients”).
(B) Baddboy News, among other services, serves as a syndicator distributing newsworthy content to Media clients and cable tv networks and newspapers around the globe for profit.
(C) You and Baddboy News each desire that we distribute the content commercially to our media clients and media network professionals for issuance and/or reproduction via print, broadcast, or other mechanical or electronic means (“Publication”) subject to all applicable Terms herein By BADDBOY NEWS
AGREEMENT
In consideration of the foregoing recitals and the mutual covenants, promises and agreements set forth herein, the Parties agree as follows -
Distribution Rights
License You grant Baddboy News the right to license, distribute and place the content for Publication in newspapers, television news networks and Media clients for all territories that You specify. Unless otherwise agreed to by You and Baddboy News, the rights granted to Baddboy News hereunder are exclusive with respect to all raw content submitted by You.
You represent and warrant that
1. You are the sole owner of the footage You submit or that You have all rights and permissions needed to license it to Baddboy News and that
2. Your performance hereunder will not violate any agreement or obligation between You and any third-party. You further represent and warrant that the content is original and does not infringe on, violate or misappropriate the statutory copyright or common law rights of privacy, publicity, or moral rights of any third-party or violate any other applicable law, rule or regulation. You further agree that BADDBOY NEWS shall have the right to freely assign the rights as they desire under these Terms.
Placement of gathered content Baddboy News shall have sole control and discretion over which content are offered for Publication, the timing of any offers, the price charged and the Media mainstream Outlets to be solicited to.
Splitting Sets - Confidentiality
After Baddboy News is granted an exclusive license by You, You agree that for so long as Baddboy News retains the exclusive rights in and to the content you rendered to their control, You shall not supply such content or Similars of such video content or other clips, images, sound bites of the same submitted footage to any other Media Outlet or entity as gift, tip or profit. As used in this Agreement, “Similar” means a photographic image (or a series of photographic images resulting from a photographic recorded session or camera roll ), footage, representation or likeness in analog or digital format, whose principal elements are depicted in a way that, when compared side-by-side to content, would cause a reasonable person to believe they are substantially the same or in the case of a photographic session or from the same sequence, would reasonably be considered as a part of the session due to the client commissioning the assignment or due to similarity in subject matter or depicted person(s) involved.
You further agree not to disclose or otherwise reveal the contents or subject matter depicted in the Media for which Baddboy News is granted an exclusive license or any part thereof to any other Media Outlet without express, written consent from Baddboy News. You represent and warrant that You have not already disclosed and/or revealed such contents or subject matter depicted in Media for which Baddboy News is fully granted an exclusive license to any other Media Outlet prior to submitting them to Baddboy News.
Promoting and Sampling content.
BADDBOY News may market and promote the Media in a variety of ways, to the sole discretion of Baddboy News, including, without limitation, web domains, site print, also other media, as well as online image galleries, electronic mail, active press releases, any trade shows, public or membership conventions or large public gatherings, and other types of advertising directly or through third-parties including without limitation, social media networking.
You grant Baddboy News and its licensees the right to use content for the purpose of marketing research, testing and evaluating these proof(s) of concept(s) applications and revenue streams, and no compensation will be due to You for such development, research, marketing success reports and evaluation use of licensed content, including for customer beta trials; provided, however, that royalties shall be paid upon commercial rollout of these applications or revenue streams and provided further that marketing research and development also with extensive marketing evaluation shall not exceed one year in duration.
Rights and Obligations
Baddboy News acknowledges and agrees that the rights granted hereunder, including the right to assign and to sublicense the content to Media Outlets for the purpose of licensing, distributing and placing the content for Publication, does not confer any ownership rights in or to such content Rights Protection Baddboy News shall have no affirmative duty to monitor third parties’ use of Your Content However, wherever commercially feasible, Baddboy News will assist in investigating and assist with reasonable enforcement efforts to help curtail any such unauthorized uses or infringements of said content .
Any recovery, after payment of all costs and expenses including without limitation attorneys’ fees, court filing fees, and collection costs shall be treated as Revenue and You shall receive the appropriate royalty as has been allocated in Your most recent agreement with Baddboy News
Compensation
Share Allocation for content licensed under the standard model, You will receive whatever agreement (%) of all or what was agreed upon of Net Revenues derived from any licensing, distribution or placement for Publication of the content wether as fees, royalties or otherwise.
For purposes of this Agreement, “Net Revenues” represents the total proceeds actually received by Baddboy News from any third party to which content are licensed, distributed or placed for Publication, less any other taxes, subagents’ fees, production costs, and costs of collection.
Baddboy News will provide to You reports of all licensing activity of digital content downloaded by client.
Payment Baddboy News cannot compensate You unless and until it has actually collected money from the buyer for Your content story. On the 1st of every month is the billing due date for all media clients we sell to. If no Net Revenues are received by Baddboy News in any particular month, no payment will be made till we are paid.
Withholding Payments Notwithstanding the (above), Baddboy News will not remit any royalty payments to You, and may not make Your raw content available for clientele / customer licensing, until you have completed all aspects of the contributor registration process, including any tax registrations including but not limited to a IRS ITN number or other individual taxation ID account number thereof.
Independent Contractor
You agree to update your tax registration and other registration information whenever there is a change in circumstances that could impact the taxation record or delivery of Your royalty payments or upon Baddboy News’s request.
Baddboy News may place a “hold” on Your royalty payments if we find out your tax registrations expire or in the event that Baddboy News becomes aware that the information in your tax registrations is incorrect (i.e. your name is incorrectly spelled, your phone or address is incorrect, your tax ITN number is incorrect, etc.).
Term and Termination
Term This Agreement commences on the effective date and lasts for an initial term of three (3) years, subject to the Survival Period set forth hereunder. Upon expiration of the initial term, this Agreement will renew for additional twelve (12) month term unless terminated by either party by written notice upon at least thirty (30) days written notice prior to the anniversary date of the Effective Date. Except for termination due to Baddboy News’s breach for non-payment, Baddboy News may continue to exercise the license rights granted herein for all content for the three (3) year period after termination or expiration (“Survival Period”), subject to all other relevant terms and conditions of this Agreement. Notwithstanding anything to the contrary, all content submitted to Baddboy News all upon an exclusive basis will remain exclusive during the full Survival Period.
Termination for Breach: Following a breach of this Agreement during its term, the non-breaching party may terminate this Agreement upon sixty (60) days written notice if the breaching party fails to cure the breach within such sixty (60) day period (except in the case of a bona-fide dispute regarding amounts due).
Result of Termination Baddboy News will, within an appropriate amount of time, notify subagents of the termination of Your relationship with Baddboy News. However you acknowledge that Baddboy News cannot prevent the licensing activity of subagents. Baddboy News shall compensate You in the manner described in (Section number 3.) above if and to the extent that Baddboy News is paid for any subsequent licensing.
Limitation of Liability NOTWITHSTANDING ANYTHING IN BADDBOY NEWS’ TERMS & CONDITIONS, YOU AGREE THAT BADDBOY NEWS IS NOT LIABLE FOR ANY LOSS OR DAMAGE TO MEDIA SUBMITTED TO BADDBOY NEWS; INCLUDING THE MEDIUM OR DEVICE ON WHICH THE RAW CONTENT IS SUBMITTED OR STORED (“PHYSICAL MEDIA”) AND YOU ARE REQUIRED TO PROVIDE OR MAINTAIN YOUR OWN BACKUP FILES FOR ANY MEDIA SUBMITTED TO BADDBOYNEWS BADDBOY NEWS.
** UNDER NO CIRCUMSTANCES SHALL BADDBOY NEWS’ LIABILITY (WHETHER IN NEGLIGENCE, TORT, CONTRACT, DISAGREEMENT, NATURAL CIRCUMSTANCES, I.E. MOTHER NATURE OCCURRENCE OR OTHERWISE) FOR LOSS OR DAMAGES TO ANY CONTENT INCLUDING WITHOUT LIMITATION: ANALOG CONTENT AND/OR DIGITAL) OR PHYSICAL RAW FOOTAGE / DIGITAL CONTENT PROVIDED TO BADDBOY NEWS BY YOU EXCEED $100 PER ITEM OF CONTENT OR THE AGGREGATE OF $10,000; REGARDLESS OF THE NUMBER OF CLAIMS.
IF THESE AMOUNTS ARE NOT ADEQUATE TO COVER THE VALUE OF YOUR CONTENT OR PHYSICAL Content, YOU SHALL BEAR SOLE RESPONSIBILITY FOR OBTAINING AND MAINTAINING ADEQUATE INSURANCE FOR PROTECTION OF THE MEDIA OR PHYSICAL CONTENT PROVIDED TO BADDBOY NEWS. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE DATE OF THE ALLEGED LOSS OR DAMAGE. FOR ANY CLAIM UNDER THIS AGREEMENT (INCLUDING BUT WITHOUT LIMITATION;
BADDBOY NEWS’ GLOBAL TERMS), AND INCLUDING WITHOUT LIMITATION ANY CLAIM SUBJECT TO AN INDEMNIFICATION OBLIGATION, BADDBOY NEWS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, AND BADDBOY NEWS’ LIABILITY (WHETHER IN TORT, NEGLIGENCE, CONTRACT, DISAGREEMENT OR OTHERWISE) FOR ANY SUCH CLAIM SHALL NOT EXCEED $10,000, EVEN IF BADDBOY NEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT BADDBOY NEWS WILL NOT BE RESPONSIBLE FOR MISUSE OF MEDIA BY ITS LICENSEES OR THEIR END-USERS.
Arbitration
All disputes which arise under this Agreement or in connection with the Network and which are not resolved within thirty (30) days following the delivery by one party to the other of a written notice describing the dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association before a single arbitrator in Los Angeles, California. The decision of the arbitrator shall be final and binding on the parties, and judgment thereon shall be entered in a court of competent jurisdiction. YOU ACKNOWLEDGE AND AGREE THAT BY CONSENTING TO THIS AGREEMENT, YOU ARE CONSENTING TO BINDING ARBITRATION OF ALL DISPUTES HEREUNDER, AND THAT IN ARBITRATION, YOU SHALL NOT HAVE A RIGHT TO A JURY TRIAL OR TO JOIN IN A CLASS ACTION, SHALL HAVE LIMITED DISCOVERY RIGHTS, AND SHALL HAVE VERY LIMITED RIGHTS OF APPEAL FROM THE DECISION OF THE ARBITRATOR.
Miscellaneous
Independent Contractor You operate an independent business apart from BADDBOY News. Nothing in this Agreement creates a partnership, employer to employee relationship, or a joint venture between You and BaddboyNews. You are solely responsible for obtaining and maintaining all applicable business licenses and insurance, and for timely payment of all income, payroll, and employment related taxes, including without limitation all unemployment, income tax withholding, workers compensation with social security, and any other taxes or public charges of any nature whatsoever.
Assignment Your obligations hereunder are personal and may not be assigned without BADDBOY NEWS’ prior written consent, not unreasonably withheld if assigned to a bona-fide legal entity organized and acting solely on Your or Your heirs’ behalf. BADDBOY NEWS may assign its rights and obligations under this Agreement to any BADDBOY NEWS affiliate or to any surviving party as part of a corporate reorganization, consolidation, merger, or sale without your consent and without any notice to you. This Agreement shall be binding upon and shall inure to the benefit of the parties’ heirs, executors, administrators, successors, and permitted assigns.
Agreement; Modifications; Noted Here This Agreement, all attachments and other documents that are incorporated herein by reference, incorporates the entire understanding of the parties concerning the subject matter contained herein as it is written wholly and entirely. Any and all prior agreements, written or oral, between the parties concerning the subject matter contained herein are hereby terminated, superseded, and are of no further force or effect. This Agreement will not be modified except by written agreement signed by both parties.
All notices and other communications which are required in this Agreement shall be in writing, via U.S.P.S. registered mail service with return signature confirmation via USPS to the addresses set forth below, or to such other address as either party shall have specified by notice in writing to the other party. Notices shall be deemed given ten (10) business days after the date of mailing
14900 Magnolia Blvd Unit #57081
Sherman Oaks, California 91413
**You / Your return mailing address: _ _ _ _ _ _ _
Business address:
BADDBOY NEWS
16000 Strathern St
Van Nuys, CA 91406
BADDBOY NEWS owner of a federally registered trademark of BADDBOY. BADDBOY Trademark published here .“BADDBOY” is the official trademark of BADDBOY NEWS was recorded in the Gazette on the Government’s (USPTO) website by the USPTO appointed attorney handling this trademark registration which was published on July 25, 2023 BADDBOY® www.baddboy.com
#Baddboynews
baddboy.com@domainsbyproxy.com
2024 BADDBOY NEWS All rights reserved