Terms

1. INTRODUCTION

Welcome to Brollytime.com ("Website"), an interactive online service operated by Brollytime Inc. ("Company")

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 20 BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. In addition to these Terms of Use, we have established a Privacy Policy to explain how we gather and use information about you. By accessing or using the Website, you are also signifying your acknowledgement and agreement to our Privacy Policy.

2. PAYMENT

Payment must be made at the time of purchase. Payment may be made with American Express, Discover, Visa, and MasterCard.

3. ORDER CHANGE OR CANCELLATION

Once accepted by us, orders are not subject to change, cancellation, or modification of shipping date, except with our written consent and upon terms that will indemnify us against resulting loss or damage. We reserve the right to cancel or reject your order at any time for any reason. If we reject or cancel your order, we will attempt to notify you using the contact information you have submitted with the order. In cases where we cancel or reject an order, we will issue a refund if a charge has been made against your credit card.

4. PRICING

(A) Except where noted otherwise, the List Price shown for products on our website represents the full retail price listed on the product itself or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

(B) With respect to items sold by us, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process.

5. SHIPPING

Shipping dates that may be provided at the time you place the order are estimated shipping dates only. We will use reasonable efforts to deliver your order according to the estimated dates, but do not warrant or guarantee any particular delivery dates. Unless otherwise stated herein, you will be charged for shipping. Shipping costs for orders from us depend on the method of shipping you choose. For more information on shipping rates, schedules, and policies, please contact us via email as indicated on our Shipping web page.

6. SALES TAXES

We collect and remit sales tax as required by law.

7. RISK OF LOSS

We will ship products FOB origin (you pay shipping and insurance). Upon delivery of products to carrier, title and risk of loss will pass to you. The carrier will be deemed to be your agent and you and/or the carrier shall bear all risk of loss or damage during transit. We will not be liable for any damages, including indirect, incidental, or consequential damages, in connection with delivery or non-delivery of any product, including but not limited to damages incurred during shipment or caused by a delay in delivery. You must notify us within 30 days of shipping date if you believe any part of your purchase is missing, wrong, or damaged.

8. RETURN POLICY

Products purchased from Brollytime.com are subject to our return policy listed on our Help page.

9. CHANGED OR DISCONTINUED PRODUCTS

We may revise the selection of products and services or discontinue products and services at any time without notice to you.

10. COMPLIANCE WITH APPLICABLE LAW; NOT FOR RESALE OR EXPORT

You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own personal use, and not for resale or export.

11. INTELLECTUAL PROPERTY

The Site and all of its contents including, but not limited to text, and images ("Content") are owned and copyrighted by Brollytime.com or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Brollytime.com or others. Your use of any Content, except as provided in these Terms & Conditions, without the written permission of the Content owner, is strictly prohibited. As a visitor to the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated Content), and as a user, the service provided and the Content in accordance with these Terms & Conditions. We may terminate this license at any time for any reason, whatsoever. You may use the Site, services and/or Content for your own personal, non-commercial use. No part of the Site, service and/or Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, any service, Content or any portion thereof.

12. USER CONTENT

You understand that all comments, photographs, or other materials ("Content") posted on, transmitted through, or linked from Brollytime.com's website, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via our website. You understand that Brollytime.com does not control, and is not responsible for Content made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Brollytime.com com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

Brollytime.com does not endorse and has no control over the Content submitted by others to this website. Content submitted to this website is not necessarily reviewed by Brollytime.com prior to posting and does not necessarily reflect the opinions or policies of Brollytime.com. Brollytime.com makes no warranties, express or implied, as to the Content submitted to this website or the accuracy and reliability of any Content. Nonetheless, Brollytime.com reserves the right to prevent you from submitting materials and to edit, restrict or remove such Content for any reason at any time in Brollytime.com's sole discretion.

Brollytime.com assumes no responsibility for actively monitoring for inappropriate Content. If at any time Brollytime.com chooses, in its sole discretion, to monitor the Content, Brollytime.com nonetheless assumes no responsibility for the Content, no obligation to refuse, modify, move, or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any Content. In submitting Content, you agree to strictly limit yourself to the subject matter for which the Content is intended. You agree that Brollytime.com accepts no liability whatsoever if it determines to prevent your Content from being submitted or if it edits, restricts or removes your Content. You also agree to permit any other user of this site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the site by any other person.

You acknowledge and agree that Brollytime.com may, in its sole discretion, preserve or disclose Content, as well as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Brollytime.com, its users or the general public.

By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Brollytime.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of said Content, or incorporate into other works and mediums now existing or hereinafter created, and to grant and authorize sublicenses of the foregoing. Additionally, you will defend and indemnify Brollytime.com from any third party claim related to a breach of any of the foregoing representations and warranties.

13. INDEMNIFICATION

You agree to indemnify and hold Brollytime.com, its officers, and its employees, harmless from and against all the liabilities, claims, demands, damages and expenses, including reasonable attorney fees and costs, arising out of (i) your use of the Site, any products or services provided by Brollytime.com, any submissions to the Site or Content; (ii) your breach of these Terms & Conditions; (iii) your violation of any rights including, but not limited to, intellectual property right; or (iv) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications or other submissions to the Site.

14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The information on this website is provided "as is" with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. Brollytime.com makes no warranties or representations regarding the accuracy or completeness of the information or that the site is accurate, error-free or reliable. Information published in the website does not necessarily reflect the most current information available.

YOU ACKNOWLEDGE THAT THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS" FOR GENERAL INFORMATION ONLY. BROLLYTIME.COM DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (i) THE SITE, ANY SERVICE PROVIDED, SUBMISSIONS AND/OR CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, ANY SERVICE PROVIDED, SUBMISSIONS AND/OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, ANY SERVICE PROVIDED, SUBMISSIONS AND/OR CONTENT WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, ANY SERVICE PROVIDED, SUBMISSIONS AND/OR CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

IN NO EVENT WILL BROLLYTIME.COM BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT OR TORT, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS AVAILABLE ON THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF BROLLYTIME.COM REASONABLY COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. IN PARTICULAR, BROLLYTIME.COM SHALL HAVE NO LIABILITY FOR ANY LOSS OF USE, DATA (INCLUDING THE COSTS OF RECOVERING SUCH DATA), PROFITS, GOODWILL, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE. BECAUSE THE INFORMATION IS NOT WARRANTED, ALL LIABILITY FOR THE ACCURACY OF THE INFORMATION IS EXPRESSLY EXCLUDED.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

YOU ACKNOWLEDGE THAT BROLLYTIME.COM TOGETHER WITH ITS RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, IS NOT LIABLE FOR ANY DELAYS, INACCURACIES, FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, VIRUSES, COMMUNICATION LINE FAILURES OR FOR THE THEFT, DESTRUCTION, DAMAGE OR UNAUTHORIZED ACCESS TO YOUR COMPUTER SYSTEM OR NETWORK.

YOU ACKNOWLEDGE THAT BROLLYTIME.COM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR MATERIAL FOUND IN CONNECTION WITH THIS WEBSITE, INCLUDING SUCH CONDUCT OR MATERIAL TRANSMITTED BY ANY MEANS BY ANY OTHER PERSON.

YOU ACKNOWLEDGE THAT BROLLYTIME.COM IS NOT LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM YOUR USE OR FROM YOUR INABILITY TO USE THE WEBSITE.

ANY WARRANTY NOT SET FORTH IN THIS TERMS OF USE DOCUMENT, INCLUDING ANY SET FORTH BY BROLLYTIME.COM EMPLOYEES, WILL BE INVALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

15. EXCLUSION OF LIABILITY

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER BROLLYTIME.COM, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. MOREOVER, YOUR ACCESS AND USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE OF THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH USE OF THE SITE. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SITE NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OF THE CONTENT OR THE SERVICE OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE SERVICE WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SERVICE WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE OR THE CONTENT IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

16. JURISDICTION

Any claim or dispute associated with this Agreement between the Parties will be settled by binding arbitration before a single arbitrator under the commercial arbitration rules of the American Arbitration Association. The hearing shall take place in Chicago. The parties do hereby waive all questions of personal jurisdiction or venue for carrying out this provision.

17. TERMINATION

(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Company shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Website.

(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Account or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Section 26.

18. DIGITAL MILLENIUM COPYRIGHT ACT

Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), Brollytime.com has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website (the "Designated Agent"). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:

Service Provider: Brollytime Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: Greg Edson
Full Address of Designated Agent to Which Notification Should Be Sent: 35 East Wacker Drive, Suite 900, Chicago, IL 60601
Telephone Number of Designated Agent: (888) 580-2145
Facsimile Number of Designated Agent: 312.376.0167
E-mail Address of Designated Agent: support@brollytime.com

19. COPYRIGHT

All contents Copyright © 2012 Brollytime Inc. All rights reserved.

The contents of all material available on this website, http://www.brollytime.com are copyrighted by Brollytime.com unless otherwise indicated. All rights are reserved by Brollytime.com, and content may not be reproduced, downloaded, published or transferred in any form or by any means, except with the prior written permission of Brollytime.com, except that you may download pages or other content for your own personal and noncommercial use on a single computer. However, no part of such content may be otherwise or subsequently reproduced, downloaded, disseminated, published or transferred, in any form or by any means, without the prior written permission of, and express attribution to, Brollytime.com, except where site pages allow such reproduction, downloading, dissemination, publishing or transference. You agree not to reproduce, duplicate or copy content from the website, and agree to abide by any and all copyright notices displayed on the website.

20. MODIFICATIONS OF TERMS OF USE

Brollytime.com reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

21. VIOLATIONS OF TERMS

Please report any violations of the Terms of Use by emailing to support@brollytime.com and titling the e-mail "ABUSE."

22. UNAUTHORIZED REPRODUCTION PROHIBITED - LINKING POLICY

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Brollytime.com or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this website. The use of materials from this website on any other website or networked computer environment is similarly prohibited. Linking to this website is by permission only. Requests for permission to reproduce or distribute materials found on this website or to link to this website can be made by contacting Brollytime.com by email at: support@brollytime.com.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this website including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Copyright infringement is a violation of federal law subject to criminal and civil penalties.

Brollytime.com is a service mark of Brollytime Inc.