Terms of Use:

Last updated: December 8, 2020 

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Broadly Entertaining LLC (“we”, “us”, or “our”), concerning your access to and use of the website located at https://www.broadlyentertaining.com/,  as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).  You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. THESE TERMS OF USE CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.  We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.  We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.  It is your responsibility to periodically review these Terms of Use to stay informed of updates.  You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.  

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Site is intended for users who are at least 18 years old.

INTELLECTUAL PROPERTY RIGHTS

Access to and use of text, artwork, photographs and other files on the Site are expressly subject to the following terms and conditions: 

Unless otherwise indicated, the Site is our proprietary property and all images, artwork, photographs, source code, databases, functionality, software, website designs, audio, video, text, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.  The Content and the Marks are provided on or through the Site “AS IS” for your information and personal use only.  Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

We expressly prohibit the copying and distribution of any protected materials on the Site, except for the purposes of fair use as defined in the copyright laws.  Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting, so long as you do not use more than you need for the permitted purpose and you do not interfere with an established market for licensing the material.  Unless otherwise noted, users who wish to download or print any text or image files from the Site for such uses are welcome to do so without our express permission.  Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL https://www.broadlyentertaining.com/.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use;  (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

USER REGISTRATION

You may be required to register with the Site.  You agree to keep your password to the Site confidential and will be responsible for all use of your account and password.  We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available.  The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1.  make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; 

2.  use the Site to advertise or offer to sell goods and services;

3.  circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;

4.  trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

5.  engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

6.  interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site; 

7.  attempt to impersonate another user or person or use the username of another user; 

8.  restrict or inhibit any other user from using or enjoying the Site;

9.  use any information obtained from the Site in order to harass, abuse, or harm another person; 

10.  attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site; 

11.  harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you; 

12.  delete the copyright or other proprietary rights notice from any Content; 

13.  upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site; 

14.  except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software; 

15.  disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site; or 

16.  use the Site in a manner inconsistent with any applicable laws or regulations. 

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings.  When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; 

(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. 

We may accept, reject, or remove reviews in our sole discretion.  We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.  Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.  We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.  By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to such review.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property.  We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.  You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.  In the event that you are unable to waive any such rights by law, regulation, directive or otherwise, you hereby grant to us, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged without the need for a separate writing, an unrestricted, unlimited, exclusive, worldwide, perpetual, irrevocable, transferrable (with the right to sublicense through multiple tiers of sublicenses), royalty-free, fully paid-up license to authorize, prohibit and/or control the renting, lending, fixation, reproduction, distribution, performance, display and/or other exploitation of your Submissions (or any rights therein) by any media and means now known or hereafter devised as may be conferred upon the Company under applicable laws, regulations or directives.

You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).  Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.  Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.  If you decide to leave the Site and access the Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.  Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.  You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.  Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

LINKING TO THE SITE

Hyperlinks to the Site may not state or imply our sponsorship or endorsement of another website, publication, or service.  Our Content may not be incorporated into another website, publication, or service without our prior written approval.  You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately.  We reserve the right to withdraw linking permission without notice.

SITE MANAGEMENT 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; 

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security.  Please review our Privacy Policy (available below), the “Privacy Policy”).  By using the Site, you agree to be bound by the Privacy Policy, which is incorporated into these Terms of Use.  Please be advised the Site is hosted in the United States.  If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.  Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children.  Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical. 

COPYRIGHT INFRINGEMENTS 

We respect the intellectual property rights of others.  If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”).  Upon receipt of a Notification complying or substantially complying with the Digital Millennium Copyright Act, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.  A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.  Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification.  Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.


TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.  WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.  WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.  In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice.  However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.  We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.  

We cannot guarantee the Site will be available at all times.  We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.  We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.  You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site at any time or for any reason.  Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW  

We control and operate the Site from our offices in the State of New York, United States of America.  We do not represent that materials on the Site are appropriate or available for use in other locations.  Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  You agree that the laws of the State of New York, excluding its conflict of laws rules, and this Agreement, the Privacy Policy and any other policies posted on the Site applicable to your use of the Site shall govern your use of the Site. 

DISPUTE RESOLUTION

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us or its successors or assigns shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law.  Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes.

To the fullest extent permitted by applicable law, you and we must abide by the following rules: 

(1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

CORRECTIONS 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.  YOU AGREE THAT THERE IS NO CONFIDENTIAL OR ANY OTHER SPECIAL RELATIONSHIP THAT IS OR SHOULD BE FORMED BY USE OF THE SITE OR INFORMATION CONTAINED ON THE SITE, AND YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.  WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITE.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6)-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.

INDEMNIFICATION 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions and Submissions; (2) your use of the Site; (3) your breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including, but not limited to, intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.  Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.  We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site.  Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.  You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

We reserve the right, and you authorize us, to use and assign all information regarding uses of the Site by you and all information provided by you in any matter consistent with the Privacy Policy.  The Privacy Policy, which may change from time to time without prior notice, is part of these Terms of Use.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

CALIFORNIA USERS AND RESIDENTS 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS 

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  These Terms of Use operate to the fullest extent permissible by law.  We may assign any or all of our rights and obligations to others at any time.  We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.  If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.  You agree that these Terms of Use will not be construed against us by virtue of having drafted them.  You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us by phone at 917-280-6371, by email at BroadlyEntertaining@gmail.com, or by post at 2011 Ocean Avenue, Apt. 1G, Brooklyn, NY 11230

Privacy Policy:

Last updated: December 8, 2020

Thank you for choosing to be part of our community at Broadly Entertaining (“we”, “us”, or “our”).  We are committed to protecting your personal information and your right to privacy.  If you have any questions or concerns about our policy, or our practices with regard to your personal information, please contact us at BroadlyEntertaining@gmail.com.

When you visit our website https://www.broadlyentertaining.com/, and use our services, you trust us with your personal information.  We take your privacy very seriously.  In this Privacy Policy (this “Privacy Policy”), we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it.  We hope you take some time to read through it carefully. 

This Privacy Policy applies to all information collected through our https://www.broadlyentertaining.com/ website (“Site”), and/or any related services, sales, marketing or events (we refer to them collectively in this Privacy Policy as the “Services”).  By using the Site and Services, you signify that you have read, understand, and agree to be bound by this Privacy Policy.  If you do not agree to be bound by this Privacy Policy, you are not permitted to use or access the Site or Services in any way. 

You may visit and browse the Site without providing certain personally identifiable information about yourself.  However, this may limit your ability to receive certain features, products or services from us.

Your use of the Site constitutes your acceptance of this Privacy Policy and consent to the practices described herein.  We may update or revise this Privacy Policy.  You agree to review this Privacy Policy periodically.  We will use your Personal Information (as defined herein) in a manner consistent with the terms & conditions in effect at the time you submitted the information.

Please read this Privacy Policy carefully as it will help you make informed decisions about sharing your personal information with us.  

TABLE OF CONTENTS  

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

5. HOW LONG DO WE KEEP YOUR INFORMATION?

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

7. DO WE COLLECT INFORMATION FROM MINORS?

8. WHAT ARE YOUR PRIVACY RIGHTS?

9. CONTROLS FOR DO-NOT-TRACK FEATURES

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

11. DO WE MAKE UPDATES TO THIS POLICY?

12. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

1. WHAT INFORMATION DO WE COLLECT?  

In Short:  We collect personal information that you provide to us such as name, address, contact information, and security data.  PayPal collects and processes payment information on our behalf.

Personal information you disclose to us.  We collect Personal Information (as defined herein) that you voluntarily provide to us when registering at the Services expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or otherwise contacting us.

When we use the term “Personally Identifiable Information” or “PII” in this Privacy Policy, we mean any information that can be used to identify a specific individual, such as a name, address, telephone number or email address.  When we use the term “Non-Personally Identifiable Information” or “Non-PII” in this Privacy Policy, we mean information that does not allow us to identify a specific individual, such as demographic information, areas visited on the Site or what type of computer or mobile device was used to access the Site.  PII and Non-PII may be referred to collectively as “Personal Information.”  All Personal Information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such Personal Information.

The Personal Information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use.  The Personal Information we collect can include the following:

Publicly Available Personal Information.  We collect first name, maiden name, last name, nickname, current and former address, email addresses, and other similar data.

Payment Data.  We utilize PayPal, a third-party service provided by PayPal. Inc., for payment processing.  PayPal will collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument.  All payment data is stored by PayPal.  You may find their privacy policy link here: https://www.paypal.com/us/webapps/mpp/ua/privacy-full/.

Online Identifiers.  We collect cookie identifiers, or others such as the ones used for analytics and marketing, and other similar data.

User-Generated Submissions.  We may collect content or materials you create, submit, post, display, transmit, perform, publish, distribute, or broadcast to us or on the Site, including any text, writings, video, audio, photographs, graphics, comments, suggestions, ideas, feedback, or other information or materials.

2. HOW DO WE USE YOUR INFORMATION?  

In Short:  We process your Personal Information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.  

We use Personal Information collected via our Services for a variety of business purposes described below.  We process your Personal Information for these business purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations.  We indicate the specific processing grounds we rely on next to each purpose listed below. 

We use the Personal Information we collect or receive for the following purposes:

  • Facilitating account creation and log-on process.  If you choose to link your account with us (if applicable) to a third-party account (such as your Google or Facebook account), we may use the Personal Information you allowed us to collect from those third parties to facilitate account creation and log-on process for the performance of the contract.

  • Site administration.  We may use your Personal Information to effectively administer and operate the Site.

  • Sending you marketing and promotional communications.  We and/or our third-party marketing partners may use the Personal Information you send to us for our marketing purposes, if this is in accordance with your marketing preferences.  You can opt out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).

  • Fulfilling and managing your orders.  We may use your Personal Information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.

  • Posting testimonials.  We may post testimonials on our Services that may contain Personal Information.  Prior to posting a testimonial, we will obtain your consent to use your name and testimonial.  If you wish to update, or delete your testimonial, please contact us at BroadlyEntertaining@gmail.com and be sure to include your name, testimonial location, and contact information.               

  • Requesting feedback.  We may use your Personal Information to request feedback and to contact you about your use of our Services.                    

  • Enabling user-to-user communications.  We may use your Personal Information in order to enable user-to-user communications with each user’s consent.            

  • Protecting the rights, privacy, safety or property of the Site and the general public. 

  • Responding to legal requests and prevent harm.  We may use your Personal Information to comply with any and all laws applicable to us and to respond to governmental inquiries and requests made upon us.  We may also use your Personal Information to pursue available remedies or limit the damages that we may sustain.               

  • Managing user accounts.  We may use your Personal Information for the purposes of managing our account and keeping it in working order.

  • Customized content and advertising.  We may use your Personal Information to enhance and/or develop the display of customized content and advertising on the site.

  • Business operations.  We may use your Personal Information to operate, evaluate, and improve our business (including developing new products and services; managing our communications; analyzing our Services; performing data analytics; and performing auditing and other internal functions).

  • Enforcing the Terms of Use.

  • Enforcing our policies in connection with legitimate business interests, performance of a contract and legal obligations (as defined herein).

  • Responding to user inquiries/offer support to users.  We may use your Personal Information to respond to your inquiries and solve any potential issues you might have with the use of our Services.          

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?  

In Short:  We only share Personal Information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your Personal Information based on the following legal basis:

  • Consent: We may process your Personal Information if you have given us specific consent to use your Personal Information in a specific purpose. 

  • Legitimate Business Interests: We may process your Personal Information when it is reasonably necessary to achieve our legitimate business interests.  This may include, from time to time, making certain portions of your Personally Identifiable Information available to reputable companies whose products or services we believe may interest you.  We may also disclose your Personally Identifiable Information to other affiliates, strategic partners or to our third-party service providers that agree to treat it in accordance with this Privacy Policy.

  • Performance of a Contract: Where we have entered into a contract with you, we may process your Personal Information to fulfill the terms of our contract.

  • Legal Obligations: We may disclose your Personal Information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

  • Vital Interests: We may disclose your Personal Information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process or share your Personal Information in the following situations:

  • Vendors, Consultants and Other Third-Party Service Providers.  We may share your Personal Information with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such Personal Information to do that work.  Examples include: data analysis, email delivery, hosting services, customer service and marketing efforts.  We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time.  This Personal Information  may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity.  

  • Business Transfers.  We may share or transfer your Personal Information in connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company.

  • Third-Party Advertisers.  We may use third-party advertising companies to serve ads when you visit the Services.  These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?  

In Short:  We may use cookies and other tracking technologies to collect and store your Personal Information.  

Like many websites, we may use data files placed on a computer, mobile device, technology or other device when it is used to visit the Site.  This helps us facilitate site navigation and to personalize your experience, including tailoring advertisements or offers likely to appeal to you, based on your interests, preferences, location, or demographic information.  If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies.  However, please be aware that by doing so, some features and services on our Site may not work properly. 

5. HOW LONG DO WE KEEP YOUR INFORMATION?  

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law.

We will only keep your Personal Information for as long as it is necessary for the purposes set out in the Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).  No purpose in this policy will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?   

In Short:  We aim to protect your Personal Information through a system of organizational and technical security measures.  

We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process.  However, please also remember that we cannot guarantee that the Internet itself is 100% secure.  Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our services is at your own risk.  You should only access the services within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?  

In Short:  We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age.  By using the Services, you represent that you are at least 18 years old or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services.  If we learn that data from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.  If you become aware of any data we have collected from children under the age of 18, please contact us at BroadlyEntertaining@gmail.com.

8. WHAT ARE YOUR PRIVACY RIGHTS?  

In Short:  You may review, change, or terminate your account at any time.

If you are a resident in the European Economic Area and you believe we are unlawfully processing your Personal Information, you also have the right to complain to your local data protection supervisory authority.  You can find your local data protection supervisory authority contact details here: 

http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you have any questions or comments about your privacy rights, you may email us at BroadlyEntertaining@gmail.com.

Cookies and similar technologies:  Most Web browsers are set to accept cookies by default.  If you prefer, you can choose to set your browser to remove cookies and to reject cookies.  If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services.  To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

Opting out of email marketing:  You can unsubscribe from our marketing email list at any time by clicking on the “unsubscribe” link in the emails that we send or by contacting us using the details provided below.  You will then be removed from the marketing email list; however, we will still need to send you service-related emails that are necessary for the administration and use of your account.  To otherwise opt out, you may:

    ■  Note your preferences when you register an account with the site.

  ■  Access your account settings and update preferences.

9. CONTROLS FOR DO-NOT-TRACK FEATURES  

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected.  No uniform technology standard for recognizing and implementing DNT signals has been finalized.  As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.  If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of the Privacy Policy.

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?  

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your Personal Information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year.  If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services.  To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California.  

11. ARE THERE ADDITIONAL SECURITY ACKNOWLEDGMENTS THAT I MUST KNOW ABOUT?

In Short: Yes, use of the Site includes further acknowledgement of certain security risks.

The importance of security for all Personally Identifiable Information associated with Site users is of utmost concern to us.  While we strive to protect your Personally Identifiable Information and make you feel as comfortable as possible when using the Site, by using the Site, you acknowledge that: (1) there are security and privacy limitations of the Internet which are beyond our control; (2) the security, integrity and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed; and (3) any such information and data may be viewed or tampered with in transit by a third party.  We may post a notice on the Site if a security breach occurs.

12. DO WE COLLECT PASSIVE AND NON-PERSONALLY IDENTIFIABLE INFORMATION?

As you navigate through any website, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as Internet protocol (“IP”) addresses, cookies, Internet tags, and navigational data collection.

The Site may use IP addresses.  An IP address is a number assigned to your computer by your Internet service provider so you can access the Internet.  We may use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to the Site and administer and improve services to our consumers.

A cookie is a bit of information that a website sends to your browser that helps a website remember information about you and your preferences.  The Site may use cookies.

Session cookies are temporary bits of information that are erased once you exit your browser window or otherwise turn your computer off.  Session cookies are used to improve navigation on websites and to collect aggregate statistical information.  The Site may use session cookies.

Persistent cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie.  Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., username) and helping to determine what areas of website visitors find most valuable and customizing the website based on your preferences.  The Site may use persistent cookies.

Internet tags (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the website server information such as the IP address and browser type related to the visitor’s computer.  The Site may use Internet tags.

Navigational data (log files, server logs, and clickstream data) and Internet tags are used for system management, to improve the content of a website, market research purposes and to communicate information to visitors.  The Site may use navigational data.

We may also use other automated technologies to collect and analyze certain types of information we consider to be non-personally identifiable Information including, but not limited to: (1) information related to the computers and/or mobile devices you use to access or interact with the Site (such information including, but not limited to, IP addresses, geolocation information, unique device identifiers and other information about your computers or mobile devices, browser types and browser language); and (2) information related to the ways in which you interact with the Site (such information including, but not limited to, referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you viewed the Site and other similar information).  We may also capture other data, such as search criteria and results.

Please be advised that since Non-PII collected in connection with your use of the Site does not personally identify you, we may use the Non-PII for any purpose whatsoever, and we may share such non-personally identifiable information with third parties for any purpose whatsoever and without limitation.

13. DO WE MAKE UPDATES TO THIS POLICY?  

In Short:  Yes, we will update this policy as necessary to stay compliant with relevant laws.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Privacy Policy at any time without further notice.  The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible.  If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification.  Continued use of the Site after any such changes constitutes your acceptance of the new Privacy Policy.  If you do not agree to abide by these or any future Privacy Policy, do not use or access (or continue to use or access) the Site.  It is your responsibility to regularly check the Site to determine if there have been changes to this Privacy Policy and to review such changes. 

14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?  

If you have questions or comments about this policy, you may email us at BroadlyEntertaining@gmail.com or by post to 2011 Ocean Avenue, Apt. 1G, Brooklyn, NY 11230

15. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the laws of some countries, you may have the right to request access to the Personal Information we collect from you, change that information, or delete it in some circumstances.  To request to review, update, or delete your Personal Information, please email BroadlyEntertaining@gmail.com.  We will respond to your request promptly.

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