Terms & Conditions
The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
Legal Notice
1. GENERAL.
(a) Entire Agreement. This Agreement constitutes the entire agreement between you and BDEX and governs your use of the Service, superseding any prior agreements or contemporaneous communications between you and BDEX. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party Software.
(b) Choice of Law. This Agreement and the provision of the Service to you are governed by the laws of the state of New York, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within New York by New York residents.
(c) Governing Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
(d) Arbitration. Any controversy or claim arising out of or relating to this Agreement or the provision of the Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, NY, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, subject to the foregoing arbitration provision, you and BDEX agree to submit to the personal jurisdiction of the courts located within the city and county of New York, NY. Either you or BDEX may seek any interim or preliminary relief from a court of competent jurisdiction in New York, NY, necessary to protect the rights or property of you or BDEX (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
(e) Invalid Provisions. The failure of BDEX to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
(f) Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.
(g) Violations. Please send queries or reports of any violations of this Agreement to: info@broadwayDEX.com.
Copyright
All content appearing on this Web site is the property of:
Broadway Design Exchange
Copyright © 2013-2018 Broadway Design Exchange. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2013-2018 Broadway Design Exchange. All rights reserved.
Trademarks
1. BDEX CONTENT.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content, contained in or delivered via the Service or otherwise made available by BDEX at the Website (collectively, "Website Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. BDEX may own the Website Content or portions of the Website Content may be made available to BDEX through arrangements with third parties. Except as expressly authorized by BDEX in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Website Content, or post any Website Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Website Content for any other purpose is strictly prohibited without the express prior written permission of BDEX. You shall use the Website Content only for purposes that are permitted by this Agreement and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
2. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of BDEX (the "BDEX Trademarks") used and displayed in connection with the Service are trademarks, trade names or service marks of BDEX. Other third party trademarks, trade names or services marks used in connection with the Service may be trademarks or service marks owned by third parties (the "Third Party Trademarks,” and together with the BDEX Trademarks, the "Trademarks”). Nothing contained in this Agreement, nor your use of the Service, shall constitute or be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Service without the prior written consent of BDEX specific for each such use. You further agree not to use any Trademark to disparage BDEX, the Service, or any third party, or third party products or services, in any manner that, in BDEX' s sole reasonable judgment, may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless BDEX approves the establishment of such a link by prior written consent. All goodwill generated from the use of any BDEX Trademark shall inure to BDEX's benefit.
3. USER CONTENT.
You acknowledge and agree that by contributing, providing or making available Your Content, whether as an seller, buyer or otherwise, you hereby grant to BDEX a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). BDEX reserves the right to remove any of Your Content from the Website at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
4. THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send BDEX a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Service should be sent to BDEX by mail: Broadway Design Exchange, P.O. Box 138, Morningside Station, New York NY, 10026 USA or By Email: info@broadwayDEX.com.
5. PERSONAL INFORMATION:
As part of a transaction, you may obtain personal information, including email address and shipping information, from another BDEX user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for BDEX-related communications. BDEX has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any BDEX user to your email or physical mail list. For more information, see BDEX’s Privacy Policy.
(a) Re-Posting Content. By posting Content on BDEX, it is possible for an outside website or a third party to re-post that Content. You agree to hold BDEX harmless for any dispute concerning this use. If you choose to display your own BDEX-hosted image on another website, the image must provide a link back to its listing page on BDEX.
(b) Idea Submissions. BDEX considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Website or otherwise, other than the tangible items sold on the Website by users (collectively, the "Material") to be non-confidential and non-proprietary, and BDEX shall not be liable for the disclosure or use of such Material. If, at BDEX's request, any member sends Material to improve the Website, BDEX will also consider that Material to be non-confidential and non-proprietary and BDEX will not be liable for use or disclosure of the Material. Any communication by you to BDEX is subject to this Agreement. You hereby grant and agree to grant BDEX, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, or any product or service, without compensation or accounting to you and without further recourse by you.
6. INDEMNITY.
You agree to defend, indemnify and hold BDEX, and its affiliates, and their officers, agents, co-branders or other partners, and employees, harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit or proceeding made by any third party ("Claim") due to or arising out of: Your Content; your use of, contribution to or connection with the Service; your violation of this Agreement; or your violation of any rights of another. BDEX shall provide notice to you of any such Claim. BDEX reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting BDEX's defense of such matter.
Use Of Site
1. ACCEPTANCE OF TERMS.
The following terms and conditions ("Agreement") govern all use of the http://broadwaydesignexchange.com/website (the "Website") and the services and software available on or through the Website (the "Website", services and software shall be referred to collectively as the "Service"). The Service is owned and operated by Broadway Design Exchange, http://broadwaydesignexchange.com/ ("BDEX"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by BDEX. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE TO ANY OF SUCH TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE. This Agreement applies to you and your use of the Service regardless of whether you are a seller, buyer or other user of the Service.
2. MODIFICATIONS TO TERMS OF USE.
BDEX reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time, without prior notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.
3. MODIFICATION, SUSPENSION OR DISCONTINUATION OF THE SERVICE.
BDEX may modify, suspend or discontinue, temporarily or permanently, the Service or any portion thereof, in its sole discretion, at any time, without prior notice. BDEX will not be responsible to you for a refund, in whole or part. You agree that BDEX shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
4. DESCRIPTION OF BDEX.
BDEX gives you an opportunity to shop its marketplace for a range of creations – from one-of-a-kind items (original set models, original costume/scenic sketches) by design professionals based in New York and beyond to limited edition prints of sketches, as well as playbills, posters, etc., – or just browse BDEX’s site for fun. Shipping costs are included in the purchase price for merchandise listed on the Website.
BDEX does not transfer legal ownership of items from the seller to the buyer. As a result, BDEX does not control the quality, safety, morality or legality of any products sold on the Website; and BDEX cannot verify the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. BDEX does not pre-screen users, the information about products being offered for sale, or the products themselves sold on BDEX. BDEX cannot guarantee the true identity, age, and nationality of a user. BDEX cannot ensure that a buyer or seller will actually complete a transaction. For these reasons, buyers and sellers use the Service solely at their own risk.
By using the Service, you agree that BDEX is not responsible or liable for content uploaded by users of the Service (such as data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links) or the products sold on the Website.
5. YOUR USE OF THE SERVICE.
You shall use the Service only for purposes that are permitted by this Agreement and any applicable laws and regulations (foreign and domestic).
Whether you use the Service as a seller or buyer, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BDEX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BDEX has the right to suspend or terminate your account and refuse any and all of your current or future use of the Service (or any portion thereof). BDEX is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any facilitated payment mode through third party payment service methods, including but not limited to PayPal (“FPM”), you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority to register for an account.
If it is determined or suspected by BDEX, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Service, or are using or attempting to use the Service for any inappropriate, infringing, illegal or fraudulent purpose, BDEX reserves the right, in its sole discretion, to immediately terminate your access to the Service without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
6. ACCOUNT AND SECURITY.
You agree to: (a) provide accurate and current information about yourself as prompted by the Website (the "Registration Information"); and, if applicable, (b) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or BDEX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BDEX may, in its sole discretion, suspend or terminate your account and decline to permit your continued use of the Website and future access to the Website.
You are responsible for maintaining the confidentiality of your account and password, if applicable, and for restricting access to your computer. You agree to notify us immediately of any unauthorized use of your account information or any other breach of security. BDEX shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information. You agree to immediately notify BDEX of any unauthorized use of your account or any other breach of security, and ensure that you exit from your account at the end of each session. BDEX cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section.
BDEX uses commercially reasonable security measures to protect against the loss, misuse, and alteration of the information under BDEX’s control, including credit card information that is submitted to BDEX. When you place an order or access your account information, the Website uses secure server software (SSL), which encrypts all information you input before it is sent to us. BDEX cannot guarantee that unauthorized third parties will never be able to defeat those security measures. Although BDEX cannot guarantee that BDEX’s systems are 100% secure 100% of the time, BDEX periodically updates and tests BDEX’s technology in order to improve the protection of customer information. BDEX makes no representations or warranties with regard to the sufficiency of these security measures and, BDEX shall not be responsible for any actual or consequential damages that result from a security breach.
7. FEES POLICY.
Joining BDEX is free. BDEX charges the seller 10% of the sales price of the item when the item sells (“BDEX's Fees Policy”). The Seller is responsible for including shipping costs in the purchase price of the item. When you list an item you have an opportunity to review and accept the fees that you will be charged. BDEX's Fees Policy is subject to change. Changes to the Fees Policy and the fees for BDEX's services are effective after BDEX provides you with at least fourteen (14) days' notice by posting the changes on the Website. However, BDEX may choose to temporarily change the Fees Policy and the fees for BDEX's services for promotional events (for example, the BDEX opening sales event); such changes are effective when BDEX posts the temporary promotional event on the Website. BDEX may, at BDEX's sole discretion, change some or all of BDEX's services at any time. In the event BDEX introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). BDEX reserves the right to withhold payment of any amounts owed to a buyer or seller hereunder if BDEX suspects or determines that such amounts have been generated in (a) a fraudulent manner, (b) violation of this Agreement, or (c) violation of any applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by BDEX). Seller is liable for all service charges incurred, even for goods sold and then subsequently cancelled by buyer or refunded by seller.
8. CONDUCT.
Whether you are using the Service as a seller, buyer or otherwise, you understand that you are liable for all that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (“Content”), in whatever form, that you provide or otherwise make available to or through the Service, including to sellers, buyers and other users of the Service ("Your Content”). You agree not to use the Service to:
· upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way;
· impersonate any person or entity, including, but not limited to, an BDEX representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
· upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
· upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
· upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
· upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
· intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of goods (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or stalk or otherwise harass any person or entity.
Privacy Policy
1. PERSONAL INFORMATION:
As part of a transaction, you may obtain personal information, including email address and shipping information, from another BDEX user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for BDEX-related communications. BDEX has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any BDEX user to your email or physical mail list. For more information, see BDEX’s Privacy Policy.
(a) Re-Posting Content. By posting Content on BDEX, it is possible for an outside website or a third party to re-post that Content. You agree to hold BDEX harmless for any dispute concerning this use. If you choose to display your own BDEX-hosted image on another website, the image must provide a link back to its listing page on BDEX.
(b) Idea Submissions. BDEX considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Website or otherwise, other than the tangible items sold on the Website by users (collectively, the "Material") to be non-confidential and non-proprietary, and BDEX shall not be liable for the disclosure or use of such Material. If, at BDEX's request, any member sends Material to improve the Website, BDEX will also consider that Material to be non-confidential and non-proprietary and BDEX will not be liable for use or disclosure of the Material. Any communication by you to BDEX is subject to this Agreement. You hereby grant and agree to grant BDEX, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, or any product or service, without compensation or accounting to you and without further recourse by you.
Consumer Agreement
1. FINAL SALES.
ALL SALES OF MERCHANDISE THROUGH THE WEBSITE ARE FINAL, AND BUYERS ARE NOT AUTHORIZED TO RETURN AND/OR SEEK REFUNDS FOR MERCHANDISE, UNLESS THE ITEM BUYER RECEIVES IS MATERIALLY DIFFERENT THAN THE SELLER’S DESCRIPTION LISTED ON THE WEBSITE AT THE TIME OF PURCHASE.
2. MONITORING.
Whether you are using the Service as an seller, buyer or otherwise, you acknowledge that BDEX does not pre-screen Your Content or content made available by any third party in connection with the Service, but that BDEX and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor alter, edit, or remove any of Your Content in whole or in part, or (ii) rescind and terminate your right to use the Service for any reason or no reason. You acknowledge and agree that BDEX may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BDEX, its users and/or the public. You understand that the technical processing and transmission of the Service, including Your Content, may involve (A) transmissions over various networks; and (B) changes to conform and adapt to technical requirements of connecting networks or devices.
3. SOFTWARE.
You shall not, nor permit anyone else to, directly or indirectly: (i) modify or otherwise create derivatives of any part of the Service; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Service for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event goods through the Service as an seller); (iv) remove or alter any proprietary notices or labels on or in the Service; or (v) engage in any activity that interferes with or disrupts the Service.
4. RATINGS AND REVIEWS.
BDEX reserves the right, but not the obligation, to refuse to post or to remove any review or rating of any user of the Service if BDEX determines (in its sole discretion) that it contains or features any of the following: (a) offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/ discriminatory speech); (b) references to illegal activity; (c) reviews that do not address the goods and services of the business or reviews with no qualitative value; (d) language that violates the standards of good taste or the standards of BDEX; (e) information or statements that are or appear to be false; or (h) comments that disparage BDEX.
All ratings and reviews of users on the Website reflect the opinions of others, and do not reflect or represent the opinions or representations of BDEX. BDEX disclaims any and all representations or warranties with regard to the ratings and reviews. Reviews and ratings do not reflect the views of BDEX or its affiliated companies; or its employees, officers, directors, or shareholders. BDEX does not assume responsibility or liability for any review or rating.
5. PAYMENT METHODS
BDEX will be responsible for collecting billing and shipping information from the buyer and for processing payment for purchases via the Website. BDEX will credit seller’s account in an amount to be determined in accordance with BDEX’s then-current Fees Policy (the “Seller’s Share”). Subject to BDEX’s receipt of confirmation of delivery to the buyer, BDEX will credit seller’s account with the corresponding Seller’s Share following the expiration of the return period. Once confirmation of the purchased item is received BDEX will issue a check to seller less the applicable BDEX service charge. When using a facilitated payment method (“FPM”), sellers and buyers effect the applicable monetary payment transaction through the FPM service, and are bound by the applicable terms of use governing the FPM service. BDEX is not affiliated with, and has no agency or employment relationship with, any FPM service provider, seller, buyer or any seller's other customers. BDEXBDEX has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any FPM service provider, seller, buyer or any seller's other customers. When using any other third party service provider in conjunction with the Service, you, whether as a seller, buyer or otherwise, are bound by the applicable terms of use governing the third party service provider's service. BDEXBDEX is not affiliated with, and has no agency or employment relationship with, any third party service providers, and BDEXBDEX has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any third party service providers.
Shipping & Delivery
1. SHIPPING AND DELIVERY.
If you are using the Service as a seller, you are responsible for (and will indemnify BDEX against) all shipping costs associated with your sale of goods through the Service. BDEX will be responsible for collecting billing and shipping information from the buyer and for processing payment for such purchases via the Website. BDEX will provide the seller with the name and address of the buyer and, unless otherwise instructed in writing by BDEX, the seller will be responsible for shipping the purchased item directly to the buyer within seven (7) days following the date of purchase (the "Shipping Period"). If the seller does not ship the purchased item to the buyer prior to the expiration of the Shipping Period, then the sale may be cancelled. The risk of loss and title for all merchandise ordered through the Website pass to the buyer when the seller delivers the merchandise to the shipping carrier. At this time, BDEX ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands.
International
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Broadway Design Exchange is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
Sales Tax
1. TAXES.
If you are using the Service as a seller, you are responsible for (and will indemnify BDEX against) all taxes associated with your sale of goods through the Service (excepting taxes based on BDEX's income). Applicable sales tax charges will be applied to the buyer through the Website. Taxes are never included in the listing price, but rather will be charged in addition to an item’s listing price.
Warranties
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Broadway Design Exchange makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Broadway Design Exchange SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Broadway Design Exchange BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-- OR Depending on State --
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Broadway Design Exchange.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Broadway Design Exchange is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Broadway Design Exchange.
The inclusion of material on this server does not imply any endorsement by Broadway Design Exchange, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Broadway Design Exchange tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
Return Policy
1. DISCLAIMER OF WARRANTIES.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BDEX HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BDEX MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, buyers, sellers and/or third parties in connection with the Website or any other Service to Company. Company, in its sole discretion, may investigate the claim and take necessary action.
2. LIMITATION OF LIABILITY.
BDEX SHALL NOT BE LIABLE WITH RESPECT TO THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BDEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN THE AGGREGATE IN EXCESS OF US$100.00, OR (IV) ANY MATTERS BEYOND BDEX'S REASONABLE CONTROL. BDEX SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
3. RELEASE.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE BDEX (AND ITS AFFILIATES, AND BDEX’s AND THEIR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Store Hours
Customer service is available as defined on the Contact Us page of this Web site.
Miscellaneous
1. TERMINATION.
BDEX, in its sole discretion, may terminate your account (or any part thereof) and/or your right to use the Service, and remove and discard any and all of Your Content within the Service, for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due BDEX, or if BDEX believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your right to use the Service may be effected without prior notice, and acknowledge and agree that BDEX may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Service. Further, you agree that BDEX shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Service. All provisions of this Agreement that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections).
2. LINKS.
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because BDEX has no control over such websites and resources, you acknowledge and agree that BDEX is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content contained on any other Internet websites (the “Third Party Content”), advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that BDEX shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any Third Party Content, advertising, products, services or other materials available on or through any such website or resource.
1. NOTICE.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service. BDEX’s mailing address is Broadway Design Exchange, P.O. Box 138, Morningside Station, New York, NY, 10026 USA.
1. APPLICABLE LAW/INTERNATIONAL ISSUES.
Registration Information that is submitted to the Website will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. User, you acknowledge and agree that we may collect and use your Registration Information, as discussed above, outside your resident jurisdiction. In addition, such Registration Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Registration Information that is available in other countries. By providing BDEX with your Registration Information, you acknowledge that you have read this Agreement, understand it, agree to its terms and consent to the transfer of such Information outside your resident jurisdiction. If you do not consent to the terms of this Agreement, please do not use this Website, but if you have already provided BDEX with Registration Information, please contact BDEX and let BDEX know how you would like BDEX to handle such information.
2. GENERAL.
(a) Entire Agreement. This Agreement constitutes the entire agreement between you and BDEX and governs your use of the Service, superseding any prior agreements or contemporaneous communications between you and BDEX. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party Software.
(b) Choice of Law. This Agreement and the provision of the Service to you are governed by the laws of the state of New York, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within New York by New York residents.
(c) Governing Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
(d) Arbitration. Any controversy or claim arising out of or relating to this Agreement or the provision of the Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, NY, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, subject to the foregoing arbitration provision, you and BDEX agree to submit to the personal jurisdiction of the courts located within the city and county of New York, NY. Either you or BDEX may seek any interim or preliminary relief from a court of competent jurisdiction in New York, NY, necessary to protect the rights or property of you or BDEX (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
(e) Invalid Provisions. The failure of BDEX to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
(f) Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.
(g) Violations. Please send queries or reports of any violations of this Agreement to: info@broadwayDEX.com.
VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Broadway Design Exchange and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Broadway Design Exchange shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Broadway Design Exchange with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Broadway Design Exchange with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Broadway Design Exchange. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
