LEGAL NOTICE

Last update 12/Oct/2022

LEGAL INFORMATION

This legal notice (hereinafter, the “Legal Notice”) establishes the general terms and conditions for the use of this domain “Badlands.cc“ (the “Website”).

This Website belongs to RISKY PASS S.L., with VAT number B67771071 and registered address at C/Duque de Osuna 6 2Cext, 28015 Madrid, Spain (“BADLANDS”). BADLANDS is registered in the Madrid Companies House, Volume 42255, Section 190, Registration 1, Sheet M-748082.

BADLANDS reserves the right to modify the present Legal Notice in order to adapt it from time to time to current legislation, new legal amendments and usual market practices. In addition, BADLANDS reserves the right to make, at any time and without prior notice, any change or update to this Legal Notice, or any of the content, services, items of the design or configuration of this Website.

This Legal Notice does not exclude the possibility that certain services of the Website may be governed, due to their particular characteristics, by their own specific terms and conditions of use, as well as by this Legal Notice.

USER CONDITION

Access to and/or use of the Website confers the status of user who accepts, upon such access and/or use, the Legal Notice herein (“Users”). The Legal Notice shall apply regardless of any particular conditions applicable to the purchase any of our services.

Users do not need to register to access the contents and services of the Website.

The mere access to the Website is free of charge except for the cost of the connection through the telecommunications network provided by the service provider contracted by the User.

USER OBLIGATIONS

The User acknowledges and voluntarily accepts the use of the Website at his/her sole and exclusive risk and/or liability.

In general the User undertakes to comply with the terms and conditions contained in this Legal Notice. The User agrees to use the Website in compliance with the applicable law, morality and the requirements of good faith, and with due diligence according to the nature of the service received, and refraining from using the Website in any way that may prevent, damage or impair the normal operation of the Website, the property or rights of BADLANDS, suppliers, other Users or any third party in general.

To access the information contained on the Website and make use of the products and/or services offered, minors must obtain prior permission from their parents, guardians or legal representatives, who will be held liable for the action carried out by the minors in their charge in accordance with current regulations.

Specifically, and without implying any restriction on the obligations undertaken by the User in general according to the preceding paragraph, the User undertakes the following conditions for the use of the Website and the provision of services:

• (i) In case of registration, the User agrees to provide the data truthfully and keep them updated.

• (ii) Not enter, store or disclose in or from the Website any information or material that is defamatory, libellous, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology or religion, or that in any way goes against morals, public order, fundamental rights, public freedoms, honour, privacy or the image of others and general regulations.

• (iii) Not enter, store or disclose through the Website any computer program, data, virus, code, hardware or telecommunications equipment, or any other instrument or electronic and/or physical device that may cause damage to the Website, to any services, or to any of the equipment, systems or networks of Badlands, of any User, of any of Badlands suppliers, or in general of any third party, or that otherwise may hamper or prevent the normal operation thereof.

• (iv) Not conduct any advertising, promotional or sales actions through the Website, and not use the contents and in particular the information obtained through the Website to send advertising, messages for direct marketing purposes, or for any other commercial purpose, or to collect or store personal data of third parties.

• (v) Not disclose, disseminate or make available to third parties any information, item or content that represents unlawful or unfair advertising.

• (vi) Not send any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “chain letters,” “pyramid schemes” or any other form of solicitation, except in those areas (such as commercial space) that have been made available specifically for this purpose.

• (vii) Not post or spread any false, ambiguous or inaccurate information or content that may mislead the recipients thereof.

• (viii) Not use false identities or impersonate others in the use of the Website or the services on the Website, including the use of passwords or access codes of third parties, or in any other way.

• (ix) Not destroy, alter, misuse, disable or damage data, information, programs or electronic documents of Badlands, its suppliers or third parties.

• (x) Not enter, store or disclose through the Website any content that infringes the intellectual or industrial property rights, or business secrets of third parties, or in general any content for which no right is held, in accordance with the law, to make it available to third parties.

• (xi) Not disclose, disseminate or make available to third parties any information, item or content that represents a violation of the secrecy of communications and personal data legislation.

BADLANDS reserves the right to remove any comments and contributions that violate the respect for human dignity, which are discriminatory, xenophobic, racist, pornographic, which go against youth or childhood, public order or safety, or in BADLANDS opinion, are not suitable for publication.

In any case, BADLANDS shall not be liable for the opinions expressed by Users through communication applications or other tools of participation.

INTELLECTUAL PROPERTY. PROHIBITION OF HYPERLINKS.

All intellectual property rights in the domain of the Website and its content (data, text, information, logos, images, sounds, videos, designs, icons, buttons, software, trade names, drawings, graphics, links) belong either to BADLANDS, or to other parties that have transferred their rights to BADLANDS, and therefore no User is authorized to use, print or store them under any hardware other than for the User’s personal and private use. The modification, reverse engineering or commercial use of any part of such is thus prohibited.

The use of the Website is only authorized for information and services, provided the source is quoted or referred to, and the User shall be solely liable for any misuse of the Website.

Data, text, information, graphics or links published on the Website, are collected merely for the information of all those interested in such, and any access to them shall not generate any commercial, contractual or professional bond between the Users and BADLANDS.

Under no circumstances shall any licence be granted or any such rights be waived, transferred or sold, either in whole or in part, nor shall any rights or expectation of rights be conferred, in particular, rights for the amendment, operation, reproduction, distribution, transformation or public communication of the contents, without the prior express written authorisation by BADLANDS or the relevant third parties holders of such rights. No link may be established to the Website from any other Website without the prior express authorisation from BADLANDS and/or any third parties concerned.

This behaviour may lead to BADLANDS starting any legal proceedings in and out of court in exercise of BADLANDS rights and/or the rights of the third parties concerned.

SECURITY

BADLANDS is committed to adopt the necessary technical and organizational measures that guarantee the security of information and avoid their alteration, loss or unauthorized access.

Although absolute protection against intrusions on the Internet cannot be guaranteed, BADLANDS and its subcontractors and business partners devote the maximum efforts to adopt the necessary physical, electronic and procedural protection measures maintain an adequate level of security.

In those cases in which we have provided you (or you have chosen) a password that allows you to access certain parts of our Website or any other site, you are responsible for keeping it secret. You will not be able to share your password with anyone else.

EXCLUSION OF GUARANTEES AND LIABILITY

Availability and continuity of the Website

BADLANDS does not guarantee the correct operation of the Website in regard to availability and continuity. Consequently, BADLANDS is exempted from any liability arising from the incorrect operation or interruptions of the Website.

Users are prohibited from any action on the Website that results in an excess overload of our computer systems and from the introduction of viruses, or installation of robots or software that alters the normal operation of the Website.

BADLANDS shall not be held liable, within the limits currently established by law, for damages of any nature that may arise as a result of the unavailability, access failures and lack of continuity of the Website.

BADLANDS content and services

BADLANDS shall be solely liable for the services rendered on its own and the content directly originated by BADLANDS. Such liability shall be excluded in the event of force majeure or when the configuration of the User’s equipment is not suitable for the proper use of the online services provided by BADLANDS. In any case, any liability of BADLANDS towards the User shall be limited to the amounts settled directly by the User with BADLANDS, excluding in all events any liability for consequential damages or loss of earnings.

Third party content and services

BADLANDS does not exert any prior control, approve or own the content, services, opinions, data communications, files, products and any kind of information collected on the Website and owned by third parties whether they are legal entities or individuals. Neither does BADLANDS guarantee the legality, reliability, usability, reliability, accuracy, completeness and updating of the content, information and services of third parties on the Website.

BADLANDS does not exert any prior control and does not guarantee the absence of viruses and other items in the content and services provided by third parties through the Website that may alter the computer system, electronic documents or files of Users.

BADLANDS shall not be held indirectly or subordinately liable for damages of any nature arising from the use and procurement of the content and services of third parties on the Website, as well as from the lack of legality, reliability, usability, truthfulness, accuracy, completeness and updating thereof. Badlands shall not be held liable for damages of any nature arising from the following events, but without limitation to such events: a) infringement of intellectual and industrial property rights and defective performance or breach of contractual obligations undertaken by third parties; b) unfair competition and illegal advertising; c) unsuitability for the purpose of and disappointment of expectations about the services and content of third parties; d) flaws and defects of any kind of third-party services and content provided through the Website.

CONDUCT OF USERS

BADLANDS does not guarantee that the Users of the Website will actually use its contents and/or services in accordance with the law, morality, public order, or this Legal Notice and any relevant particular conditions.

BADLANDS shall not be held indirectly or subordinately liable for damages of any nature arising from the use of services and contents of the Website by Users, or that may arise from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by Users, or the impersonation of a third party by a User in any action through the Website. BADLANDS shall not be held indirectly or subordinately liable for the following events, but without limitation to such events: a) the content, information, opinions or statements of any User or third parties communicated or posted through the Portal; b) damages caused to third parties arising from the use by the User of services and content on the Website; c) damages caused by untruthfulness, inaccuracy or incorrectness of the identity of Users and all information they provide or make available to other Users; d) damages arising from violations by any User that affect the rights of another User or third party, including copyright, trademarks, patents, confidential information and any other intellectual and industrial property.

The User acknowledges to have understood all the information regarding this Legal Notice of this Website and acknowledges that they are sufficient for the exclusion of any errors, thereby accepting them fully and expressly.

CONTRACTING WITH THIRD PARTIES THROUGH THE WEBSITE

The User acknowledges and agrees that any relevant contractual or non-contractual bond entered into with advertisers or third parties contacted through the Website, and any participation in competitions, promotions, sale of goods or services, is understood to have been executed only and exclusively between the User and the advertiser and/or third party. Accordingly, the User agrees that BADLANDS holds not liability for damages of any kind incurred as a result of BADLANDS negotiations, discussions and/or contractual or non-contractual dealings with advertisers or third parties contacted through the Website.

RIGHT OF EXCLUSION

Without prejudice to any liability for damages that may arise, BADLANDS reserves the right to deny or withdraw, without notice, access to its Website and/or services and/or products offered, by its own decision or on behalf of a third party, to those Users who violate this Legal Notice and/or any particular conditions that may apply.

TERM AND TERMINATION

The provision of services and/or contents of the Website is for an indefinite period of time. Notwithstanding the foregoing, BADLANDS is entitled to terminate, suspend or postpone unilaterally at any time and without notice, the provision of the service and the Website and/or any services, without prejudice to the provisions in this regard of the Particular Conditions.

COMMUNICATIONS

For the purposes of this Legal Notice, and for any communication that is necessary between BADLANDS and the User, the User shall contact the Customer Help Desk at the email account info@badlands.cc through the usual legal channels. The User expressly agrees for all communications related to the use of the Website, that the use of email, and personal and contact data, represents a valid procedure for transmitting such communications. The processing of your personal data is carried out according to our Privacy Policy.

NEWSLETTERS

On our Website there may be the possibility to subscribe to newsletters. The data provided for subscription to newsletters are used only for sending them unless you state your conformity with a wider use of such data. You can cancel your subscription at any time by using the method provided in the newsletters. The processing of your personal data is carried out according to our Privacy Policy.

COPYRIGHT

Images for media use or any other information of this site can be obtained only by emailing us info@badlands.cc No other part of this site may be copied, reproduced, published, transmitted or broadcast without the prior permission of BADLANDS.

GUARANTEE ON INFORMATION

The information and statements on this Website do not represent any express guarantee, or that could be interpreted as an implied guarantee. In particular, they do not represent any promise or implied warranties in relation to the characteristics or the suitability of the vehicles to the specific needs of their Users. They may include errors or inaccuracies, and so they are subject to modifications and the specific manufacturing equipment.

DATA PROTECTION

By the mere fact of visiting the Website is not automatically register any personal data that identifies a User.

However, the use of certain services or requests to BADLANDS is conditional upon completion of registration for the User, in which the user may require certain personal data. In those cases, you can find more information about the processing of your personal data in our Privacy Policy.

LEGAL NOTICE ABOUT COOKIES

We inform you that the Website uses cookies. You can obtain more information about the cookies deployed in the Website in our Cookies Policy.

GOVERNING LAW AND CASE LAW

BADLANDS shall use any civil or criminal proceedings afforded under Law, in case of any illegal use of the Website’s domain. The relationship between BADLANDS and the User shall be governed by Spanish legislation and is subject to the relevant Spanish courts to hear any dispute related to such relationship. BADLANDS expressly declines to submit to Arbitration Boards, or to any other arbitration proceedings.

BADLANDS makes available to the Users claim sheets that may be obtained by request from the Customer Help Desk, C/Duque de Osuna 6 2Cext, 28015 Madrid (Spain), or from the email address info@badlands.cc