Table of Contents
Code of Conduct
PLEASE NOTE: We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time, provided that we may only amend the alternative dispute, venue and time limit of claims provisions to the extent allowed by applicable law. Please check these terms periodically for changes. Your continued use of this BMD’s website(s) and product(s) following the posting of changes to these terms will mean you accept those changes. Any rights not expressly granted herein are reserved to BMD.
FOR ALL LICENSED PRODUCTS: BMD’s “End User Content Rental License Agreement” (“EUCLRA”) applies. To view, visit: http://www.broadwaymediadistribution.com/eucrla/
If you have any questions about the policies and agreements hereunder,
and the practices of this site, or your dealings with this site, please contact us at:
Broadway Media Distribution, Inc.
7575 N Del Mar Ave Ste 107
Fresno, California 93711 USA
- BMD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
- Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
- Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
- By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
- We reserve the right to refuse service to anyone for any reason at any time.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
- Prices for our products are subject to change without notice.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
- Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- For more detail, please contact BMD.
SECTION 7 – OPTIONAL TOOLS
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
- Certain content, products and services available via our Service may include materials from third-parties.
- Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
- In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Broadway Media Distribution, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
- You agree to indemnify, defend and hold harmless Broadway Media Distribution, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
- In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
- These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York, New York, United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
- You can review the most current version of the Terms of Service at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
- Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
- Personal identification information: We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
- Non-personal identification information: We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
- How we use collected information: BMD may collect and use Users personal information for the following purposes: (i) To improve customer service Information you provide helps us respond to your customer service requests and support needs more efficiently. (ii) To personalize user experience. We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site. (iii) To improve our Site, (a) We may use feedback you provide to improve our products and services. (iv) To process payments (a) We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service. (v) To share your information with third parties (a) We may share or sell information with third parties for marketing or other purposes. (vi) To run a promotion, contest, survey or other Site feature. (vii) To send Users information they agreed to receive about topics we think will be of interest to them. (viii) To send periodic emails (a) We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
- How we protect your information: We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
- Sharing your personal information: We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
- Third party websites: Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
- Compliance with children’s online privacy protection act: Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
- Trademarks: The names BMD, Broadway Media Distribution, ScenicProjections, Scenic Projections (as two words), DigitalDrops, Digital Drops (as two words), ProjectionPass, ProductionPromo, ProductionPosters, ScenicPlanner, CostumePlanner, SimpleScenery, Simple Scenery (as two words) and associated images are protected trademarks registered with the U.S. Patent and Trademark Office.
- Credit Card Transactions: We use SSL (Secure Sockets Layer) to communicate with your browser software when you order from us online. SSL is the industry standard security protocol, which makes it extremely difficult for anyone else to intercept your credit card transaction and order information that you send us. Otherwise, the transmission of information to and from us is not encrypted or secure.
- Your acceptance of these terms: By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Code of Conduct
This Code of Conduct document was last updated on January 1, 2018
- BMD’s community comments to blog posts, customer reviews, social media and other related discussion-oriented digital platforms involves participants with a wide range of beliefs and ideas about the subjects they’re discussing.
- We encourage an open dialogue, but require that participants remain courteous and respectful at all times.
- Refrain from posting pictures or comments with inappropriate content.
- Customer and guest interaction with BMD products, services and materials is meant to be a positive experience for anyone who chooses to participate. Feel free to post helpful and relevant advice or suggestions, but do not be abusive, profane, threatening, or offensive. Think before you post. Is it necessary? Is it kind? Is it true?
- Use caution when discussing products not offered by BMD or discussing overtly negative remarks about BMD or its products or services. Information posted on any BMD property, services or offerings are available for all to see, and comments are subject to libel, slander, and antitrust laws. No commercial messages or advertisements not directly benefiting BMD are permitted.
- BMD has the right to reproduce postings and content unless you specify otherwise.
- Before responding to a post, read all comments to be sure duplicate information isn’t submitted. Be as concise as possible and stay on topic.
- On the internet, you always have an audience. This means you are accountable for your own actions. Anything you post is instantly available for the world to see.
- Respect the privacy of others. BMD is not responsible for any consequences you experience resulting from anything you have posted on our website(s).
- BMD reserves the right to update or change these guidelines without notice; be sure you keep up to date.
- If it’s not your copyright, get permission before you post it, or cite the necessary sources.
- BMD is not responsible for the opinions and information posted on this site by others.
- BMD disclaims all warranties with regard to information posted on this site, whether posted by BMD or any third party; this disclaimer includes all implied warranties of merchantability and fitness, as well as any warranties of accuracy or noninfringement.
- In no event BMD be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, arising out of or in connection with the use, disclosure or performance of any information posted on this site.
- Users are not allowed to post any defamatory, abusive, profane, threatening, offensive, or illegal materials.
- Users are not allowed to engage in behavior that constitutes discrimination or harassment in any way, including race, color, or nationality.
- Users should not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, the posting party warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants to BMD and all users of this site a perpetual, royalty free, worldwide, nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material in all media now known or hereafter invented.
- BMD supports and abides by the Digital Millennium Copyright Act (DMCA) of 1998. If a member asserts that a copyrighted item has been posted, a written notification must be made (fax, mail, email). The notice should include sufficient detail regarding the copyrighted work and documentation regarding the claim.
- It is each user’s responsibility to familiarize themselves with any local rules, regulations, or policies regarding online participation through their school or employer.
- Messages should not be posted if they encourage or facilitate members to engage in unlawful conduct of any sort.
- BMD does not actively monitor the site for inappropriate postings and does not on its own undertake editorial control of postings. However, in the event that any inappropriate posting is brought to the attention of BMD, we will take all appropriate action.
- This Code of Conduct may be updated at any time. We reserve the right to terminate or restrict the access of any user who does not abide by these guidelines.
- Questions may be addressed by contacting BMD directly.
This Refunds/Returns document was last updated on January 1, 2018
Our policy lasts 2 business-days. If 2 business-days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be: (i) unused and in the same condition that you received it. For digital delivery, this would translate to the email link for downloading content being unused. If the content has been downloaded, the item has been used and is no longer in its original condition. To complete your return, we require a receipt or proof of purchase.
There are certain situations where only partial refunds are granted: (if applicable) (i) Hardware rentals or purchases (subject to the terms of the wholesaler, dealer or other related parties). (ii) Any item not in its original condition, is damaged or missing parts for reasons not due to our error. (iii) Any item that is returned more than 5 days after initial delivery
Refunds (if applicable):
(i) Visit the BMD website and login with your user credentials made at checkout or supplied to you by a reseller. Navigate to the “Agreements” section and complete a “refund request” form. The receipt of this form must be received by BMD no later than the due date as determined above. (ii) Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. (iii) BMD will also notify you of the approval or rejection of your refund. (iv) If your request is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. All refunds are subject to a 10% processing fee.
Late or missing refunds (if applicable):
If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
Sale items (if applicable):
Only regular priced items may be refunded, unfortunately sale items cannot be refunded. No exceptions.
No exchanges are allowed.
To return your product, you should mail your product to the address listed on the product. If you are unclear, please call BMD for the appropriate address. For many products, the return must be sent to the manufacturer or distributor to avoid additional processing fees. If you are unclear as to where to send the product, you may send to BMD directly at 7575 N Del Mar Ave., Ste 107 Fresno CA 93711. Please note that if the product is delivered to BMD, an additional 10% processing fee will be deducted from the refund to cover the costs associated with shipping and handling in the return delivery of the product to the manufacturer or distributor. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
For questions on this policy, please contact BMD directly.