Last updated on February 15, 2024

Summary:

Please read these terms carefully as they form a binding Agreement between you and BDM regarding the use of our services and website. Each section begins with a short summary to help you navigate the document, but these summaries do not replace or represent the full text.

The following terms and conditions constitute a legally binding contract (this “Agreement”) between you (“you” or “your”) and BDM, Inc., a Delaware corporation, that governs all use by you of the bdm-shop.com website (the “Site”) and the services available on or at the Site (taken together with the use of the Site, the “Services”). We’ll refer to BDM and all its subsidiaries and affiliated companies collectively as “BDM”, “we”, “our”, “us”, etc. BDM is a print-on-demand company for businesses that want to outsource printing and delivering components. BDM white-label prints and ships products (“Products”) directly to you and your customers (“Customers”).

The Services are offered subject to your acceptance without modification of all the terms and conditions contained herein. We also have other policies and procedures including, without limitation, Shipping, Return Policy, Privacy Policy, and others. Those policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. If you do not agree to this Agreement, do not use the Site or any other Services.

If you use our Services only for your personal use, you are considered a “User”. If you use our Services to execute orders or deliver Products to third parties (including Customers), you are considered a “Merchant.”

REGARDLESS IF YOU ARE A USER OR MERCHANT, SECTION 18 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 18. IF YOUR COUNTRY OF RESIDENCE IS IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM, THIS APPLIES TO ANY ACTION YOU MAY WANT TO BRING AGAINST BDM IN THE UNITED STATES.

1. Access & Membership

Summary: You must meet legal age requirements to use BDM, and you’re responsible for your account and the use of our services. If you violate our Terms of Service, we may modify, cancel, or refuse service at any time.

To enjoy all of BDM‘s benefits, you may need to register an account and become a member (“Member”). Membership requires that you register on the Site, providing all required personal information truthfully. You may opt out of marketing and promotional activities, including emails, and cancel your membership anytime. To complete registration, you must provide your name, email address, and password. You may never use another user’s BDM account without permission. You are solely responsible for the activity on your account and must keep your password secure. You must notify BDM immediately of any breach of security or unauthorized use of your account. Although BDM will not be liable for your or your Customer’s losses caused by any unauthorized use of your account, you may be liable for BDM‘s losses due to such unauthorized use.

BDM may change, suspend, or discontinue Services, Products, fees, or terms at any time, without affecting confirmed orders for European Economic Area Users or the United Kingdom. BDM may impose limits on certain features or restrict User access to parts or all of the Services without notice or liability.

2. Modifications

Summary: We reserve the right to modify our terms, services, and fees. Please follow changes to our terms by checking in with the Policy updates section on our website.

Without affecting orders for European Economic Area Users or orders for Users in the United Kingdom that BDM has already confirmed, BDM reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after BDM posts them on the Site (bdm-shop.com). You are responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made. Use of the Site and other Services after BDM posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send BDM a written notification (including via email) to close your account within 30 days of notice.

3. Content

Summary: BDM respects intellectual property rights and asks you to do the same. Anything you upload will remain yours, and you’re responsible for it. We’ll only use the content you submit to provide you with our services. If we receive a Digital Millennium Copyright Act (DMCA) takedown notice or European Union illegal content notice for content you’ve submitted, we may remove the allegedly infringing content or suspend access to the BDM website.

All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter “Content”) that you post, submit, upload, display, sell, or use (hereinafter “post”) using our Services is your content. BDM makes no claim to it. That includes anything you post using our Services (like your content, images, shop name, customer reviews, comments, videos, usernames, etc.).

• Responsibility for the Content: You are solely responsible for the Content you post on or through the Services. You represent that you have all necessary rights to the Content, including the rights to post it or use it on Products sold, manufactured, or warehoused by BDM. You also represent that you’re not infringing or violating any third party’s rights by posting the Content or using it on Products sold, manufactured, or warehoused by BDM.

• Permission to Use the Content: BDM agrees that any Content you post using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement.

• Rights You Grant BDM: By posting your Content, you grant BDM a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services, improve the quality of the Services, and promote BDM and/or your BDM store, or the Services in general, in any formats and through any channels, including across the Services, third-party websites, advertising mediums, and social media. You agree and represent that you have the rights to grant this license to us.

• Reporting Unauthorized Content: BDM respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).

• Intellectual Property: BDM respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you post to BDM, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable national, state, and federal laws.

• Trademarks and Infringement of Intellectual Property: BDM reserves the right to suspend your use of the Services and remove or block any Content that infringes the intellectual property rights of others.

4. Use of Services

Summary: By using BDM, you agree to use our services according to our terms and to respect the rights of our brand name, trademark, and digital items. In case we need to contact you, we’ll reach out to you via email.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:

• Don’t Use Our Services to Break the Law: You agree not to violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or BDM. You also agree that you are not the target of trade, financial, and economic sanctions. You must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts.

• Don’t Try to Harm Our Systems: You agree not to interfere with or try to disrupt our Services, for example, by distributing a virus or other harmful computer code.

• Follow Brand Guidelines: The name “BDM”, our iconography, phrases, logos, and designs are trademarks of BDM. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products, or Services which are not ours; (iii) in a manner which may be confusing or misleading; or (iv) in a manner that disparages us.

• Share Your Ideas: Any unsolicited ideas or materials you submit to BDM are considered non-confidential and nonproprietary to you. By submitting those ideas, you grant us a non-exclusive, worldwide, royalty-free license to use and publish those ideas for any purpose.

• Communication Methods: BDM will provide you with certain legal information in writing, typically via email instead of mailing paper copies.

5. Content and Services

Summary: You are responsible for communicating with your customers and handling any claims they might have. We provide the best service we can on an “as-is” basis.

• Items Your Clients Purchase Through Our Sites: You understand that BDM cannot make any warranties about your Content, stores, or what you sell to your Customers. Any legal claim related to a Product your Customers purchase must be brought directly against you.

• Content You Access: BDM is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by others.

• Third-Party Services: Our stores on our Site(s) may contain links to third-party websites. BDM is not responsible for third-party services, and they may have their own terms of use.

• Services: BDM is dedicated to making our Services the best they can be, but we provide them “as-is,” with all faults and without any kind of warranty (express or implied).

6. Limited Warranty on Products

Summary: If you have an issue with your order, you may be eligible for a replacement product or refund, so reach out to us as soon as possible.

BDM warrants that Products will not be materially defective or damaged at the time of delivery. If a Product is materially defective or damaged upon receipt, you may submit a claim within the Warranty Period in compliance with our Return Policy. Remedies for defective products include a replacement product or refund.

7. Your Rights in Case of Lack of Conformity

Summary: If you reside in the European Economic Area or the United Kingdom, this section provides details about what you can do if there’s an issue with your order.

8. Payments and Fees

Summary: To pay for BDM services, you need a valid payment method (e.g. a credit card, PayPal). All fees will be charged to your payment method. We may refuse to process a transaction for any reason or refuse to provide services to anyone at any time.

9. Taxes

Summary: You are responsible for paying any applicable taxes to your local taxing authority, unless we inform you otherwise.

10. Shipping

Summary: Once you’ve placed an order, you may not be able to edit or cancel it. If you have an issue with your shipment, contact us within 30 days of the delivery or estimated delivery date.

11. Description of Products

Summary: We strive to make our product development process the best it can be, yet we can’t guarantee that product representations on our website will be 100% accurate.

12. Purchase of Products

Summary: To ensure your orders arrive quickly, make sure your order details are accurate at checkout. BDM isn’t responsible for missed deliveries due to typos in the delivery information.

13. Delivery

Summary: While we may provide delivery estimates, we can’t provide guaranteed delivery dates.

14. Release

Summary: You can’t sue us for anything that we have disclaimed or obtained your release from under this Agreement.

15. Indemnity

Summary: BDM is not responsible for any damages and liabilities you incur if you break the law or violate these terms.

16. Governing Law

Summary: If any dispute arises, we’ll apply the laws of the State of North Carolina to resolve it, unless you are a consumer residing in the European Economic Area, Switzerland, or the United Kingdom, where the laws of the Republic of Latvia will apply.

17. Arbitration and Jury Trial Waiver

Summary: Any legal dispute involving our services will be resolved by arbitration. By using our services, you waive any rights to a jury trial or class actions.

18. Privacy and Personal Data Processing

Summary: BDM collects your personal data to provide our Services. By accepting this Agreement, you acknowledge our Privacy Policy.

19. Intellectual Property

Summary: BDM respects your intellectual property and asks you to do the same. You need the rights to any content you post on BDM.

20. General

Summary: Using our services doesn’t make you an agent, partner, or employee of BDM. We’re not responsible for any violations of these terms if it’s beyond our control.

Contact Us:
If you have any questions about this Agreement, please email us at [email protected]