TERMS AND CONDITIONS
Thank you for visiting The Costume Exchange Inc.’s Website and for your interest in The Costume Exchange Inc.’s services and products. The following are the Terms and Conditions which apply to your access or use of the Website and its contents and related products and services. Incorporated into these Terms and Conditions are The Costume Exchange Inc.’s Privacy Statement (click here), Intellectual Property Rights Notice, (click here) and Website Accessibility Statement (click here) Also incorporated into these Terms and Conditions are agreements concerning the services and products you obtain from The Costume Exchange.(collectively “Incorporated Documents”).
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS AND THE INCORPORATED DOCUMENTS. DO NOT ACCESS AND USE THE WEBSITE AND RELATED SERVICES OR PRODUCTS IF YOU DO NOT AGREE TO BE BOUND BY THEM. BY ACCESSING OR CONTINUING TO USE THE WEBSITE, RELATED PRODUCTS OR SERVICES AND/OR CLICKING THE “I ACCEPT/AGREE” BUTTON, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL INCORPORATED DOCUMENTS (AS MAY BE MODIFIED FROM TIME TO TIME).
1. THE COSTUME EXCHANGE, INC.
The Costume Exchange, Inc. is a New York State corporation located in the State of New York. The Costume Exchange operates a website, located at (“Website”) which offers website content (“Website Content”) and a virtual marketplace for the advertisement, marketing, sale, rental, and/or exchange of second hand or used dance outfits, costumes, shoes, equipment and other materials (“dance merchandise”) by and to the student and professional dance community (collectivelyreferredto as “Productsand Services.”)
The Website, Products and Services are offered by The Costume Exchange Inc., its subsidiaries, divisions, agents, employees, licensors, representative and affiliates, (collectively referred to as “The Costume Exchange”, “Company”, “Us” or “We”) to Users of the Website (“User”, “You” or “Your”) subject tothe following termsandconditions. Any reference to “affiliates” in these Terms and Conditions include,but maynot be limited to, the Company’sowners, licensees,assigns,subsidiaries,affiliatedcompanies, officers, directors,suppliers,partners, sponsors,advertisers, and includes,withoutlimitation,all parties involvedin creating, producing,and/or delivering thisWebsite, Website Contentand/orthe Productsand Services.
2. Your Acceptance of Terms and Conditions
These Terms and Conditions and Incorporated Documents exclusively govern your access and use of the Website, and the Products and Services offered in connection therewith, unless expressly modified, in writing, in an agreement signed by us and you. BY VISITING, USING, BROWSING, POSTING OR OFFERING CONTENT TO THISWEBSITE, OR USING ANY OF THE OFFEREDPRODUCTS AND SERVICES, INCLUDING YOUR CONSIGNMENT, RENTAL, SALE AND/OR PURCHASE OF DANCE MERCHANDISE, YOU AGREETOBE BOUND BY THESETERMS AND CONDITIONS AND INCORPORATED DOCUMENTS.
IF YOU DONOTWISHTO BE BOUND BY THESETERMSAND CONDITIONS, PLEASE EXITTHEWEBSITE AND REFRAIN FROM USING ANY OF THE WEBSITE’S FUNCTIONS, PRODUCTS OR SERVICES
3. Modification of Terms and Conditions
The Costume Exchange reserves theright, at our sole discretion, to modify, amend or update theseTermsand Conditions or Incorporated Documents, from timeto time, by posting the modified, amended or updated Terms and Conditions or Incorporated Documents (collectively “Updated Terms”) on the Website thirty (30) days before the Updated Terms become effective. You acknowledge and agreethat itis your responsibilityto periodicallyreviewtheWebsite, including theTermsand Conditions and Incorporated Documents and that yourcontinued useof the Website, or related Productsand Servicesthirty (30) days after the Updated Terms are posted will constituteacknowledgementandacceptance of the UpdatedTerms. If at any time, you do not agree to the most recent version of our Terms and Conditions, or Incorporated Documents, You must immediately terminate your access to and use of the Website and related Products and/or Services.
4.Products and Services
At the present time, The Costume Exchange offers thefollowingProductsandServicesforUserson its Website:
- A marketplace for individuals, dance schools, and other entities who wish to offer quality, second hand dance merchandise for sale or rental on the Website on a consignment basis (“Consignor”);
- A marketplace for individuals, dance schools and other entities who desire to review, select, rent and/or purchase second hand or previously used dance merchandise that is described and offered for sale by the Consignors on the Website (“ Buyers”);
- Website Content that may be of interest to Consignors, Buyers or other Users of the Website including, but not limited to matters concerning all forms of dance, dance instruction, dance competitions, dance merchandise, and other website materials or related services that the Company may offer from time to time.
The Company reserves the right, at any time and in its sole discretion, to cease offering any or all Products and Services identified above and/or to offer new or modified Product and Services on the Website.
5. Registration and Account Login
Only some portions of the Website are publicly available to all visitors and may be generally accessed, read and browsed. In order to access and use other portions of the Website, to use certain Website functions, to offer User Content or to obtain Products and Services, including to consign, rent, sell, or purchase dance merchandise, you will be required to register and establish an account with the Company and login. To register, you will be required to create a User Name and unique Password for your exclusive use and, depending on the Products and Services you select, may be required to provide additional identifying or financial information which may enable you, for example, to list dance merchandise for rent or sale or to rent or purchase dance merchandise. (“Registration Information”) You will have the abilityto maintainand periodically update your account and the Registration Information you provide asyou seefit. Byregistering,you agreethat all Registration Information provided by you to create and maintain your accountistrue and accurate andthat you will maintain andupdate that informationasneeded to keep the informationcurrent,complete, and accurate.
You may not share and are exclusively responsible to safeguard your User Name, Password and other Registration Information for your exclusive use. You agree to indemnify and hold harmless the Company from any damage, claim or injury (including as to reasonable attorneys’ fees and costs) allegedly sustained by you, the Company or any individual or entity as a result of your deliberate or negligent disclosure of your User Name, Password or Registration Information to anyone.
6. Disclosureto Third-PartyAffiliates.
You herebygrantustheright to disclose tothirdparties certain RegistrationInformationaboutyou for purposes of providing Website function or Products and Services. The information we obtain through youruse of thisWebsite, including,butnotlimitedto,yourRegistrationInformation,issubjecttoourPrivacy Statement,which is specifically incorporatedbyreference intotheseTermsand Conditions.
7. Consent to Receive Emails and Other Communications
By registering and/or creating an account with The Costume Exchange, You agree to receive communications from us via email, telephone, postal mail or any other commercially acceptable method, concerning your account, consignment, sales, rentals, purchases, inquiries regarding dance merchandise and other communications that relate exclusively to you or your account or your experience with The Costume Exchange.
In addition, by registering and/or creating an account, you agree to receive general communications from us and our affiliates, including but not limited to emails, newsletters, promotions, special offers, advertisements, updates, and other general communications that may be of interest to you based on your registration with The Costume Exchange and/or your apparent interest in the student or professional dance community. At any time, you may chose not to receive any or all of the general communications, by clicking the “unsubscribe” link in the subject communication or contacting The Costume Exchange at “email@example.com”
8. Consignor’s Terms, Representations and Warranties
Thank you for your interest in consigning your dance merchandise to The Company for sale or rental on the Website. The Seller’s Agreement, setting forth the terms of your consignment of dance merchandise for sale/rental to The Costume Exchange is incorporated herein and can be accessed by clicking here.
By offering dance merchandise for listing on the Website, (“Listed Item”) you warrant that you are the rightful and sole owner of the Listed Item; that you have the legal right to offer it for rental or sale through the Website; and that your rental or sale of the Listed Item does not violate or conflict with any legal right of any individual or entity including, but not limited to the intellectual property interests of anyone in the Listed Item.
You represent and warrant that the Listed Item is in good, merchantable and usable condition for dance and/or practice purposes; that it has been cleaned, does not have an odor, is in good repair, and has no stains, rips, or other defects; and that it is not infested with bugs or any other vermin. You represent and warrant that you have not misidentified or removed any brand or trademark; and that you are not passing any counterfeit goods or in violation of any laws pertaining to the trafficking of counterfeit apparel. You agree that The Costume Exchange will have the right, at its sole discretion, to examine any dance merchandise you submit for listing on the Website and take steps such as charging you a cleaning fee or return any dance merchandise to you at your expense that we deem not to meet The Costume Exchange’s standards.
You understand and agree that The Costume Exchange reserves the right, at its sole discretion, to determine whether to accept any item offered for listing on the Website or to cease listing any item at any time and for any reason.
You agree to indemnify and hold harmless The Costume Exchange from any damage, claim or injury (including as to reasonable attorneys’ fees and costs) allegedly sustained by you, The Costume Exchange or any individual or entity as a result of your breach of the warranties and representations set forth above.
The Warranties, Limits of Liabilities and Disclaimers stated in paragraphs 11, 16 and 17 below apply to your transactions with the Company.
9. Rental Terms and Representations
Thank you for your interest in renting dance merchandise offered for rent by our Consignors on the Website. (“rental item”) In order to rent, you must register and establish an account with the Company and agree to the terms of our Rental Agreement, which can be accessed by clicking here. You agree to pay all fees associated with your rental items, including any shipping fees and security deposits, in advance of receiving any rental items and agree that under no circumstance will any rental item be shipped or provided to you before payment is received by the Company.
In the event that you wish to return any rental item, please see our Returns Policy which can be accessed by clicking here.
The Warranties, Limits of Liabilities and Disclaimers stated in paragraphs 11, 16 and 17 below apply to your transactions with the Company.
10. Buyers’ Terms
Thank you for your interest in purchasing dance merchandise offered for sale on the Website. (“purchased item”) In order to make a purchase, you must register and establish an account with the Company and agree to be bound by these Terms and Conditions and Incorporated Documents, which govern your purchase. You agree to pay all fees associated with your purchase, including any shipping fees, in advance of receiving any purchased item and that under no circumstance will any purchased item be shipped or provided to you before payment is received by the Company.
In the event that you wish to return any purchased items, please see our Returns Policy which can be accessed by clicking here.
The Warranties, Limits of Liabilities and Disclaimers stated in paragraphs 11, 16 and 17 below apply to your transactions with the Company.
ThisWebsitedoes not processcredit cards ortake otherpaymentprocessinginformation at this time. Payment processingishandled throughthird-partyservices,suchas Paypal.com. Please note that your use of a third-party payment service is subject to the terms and conditions of that third-party payment service. The Company will have no obligations and liabilities in connection with, related to or arising out of your use of the third payment services. Notwithstanding the foregoing, you will remain liable for all amounts owed to us unless and until payment is made by the third-party payment service.
If foranyreason, you do not make timely payment of all amounts owed by you to us, such as becauseyour credit cardcompanydeclinesorotherwise refusesto paythe amountowedforthe Productsand Services you have received or you incurred additional fees because you kept rental items beyond the rental period, you agree thatwe may,atour sole discretion, suspend or terminate performanceordelivery ofProductsand Services in the future,and mayrequire you topayany overdue amountsincurred (including anythird-partychargebackfeesorpenalties)byother means acceptableto us. Intheeventlegal action isnecessarytocollectonbalancesdue, you agreeto reimburseusforall expensesincurredtorecoversumsdue, including, butnotlimitedto, reasonable attorney’sfees and otherlegal expenses.
11. No Guarantee.
Although theCompany workshardtoprovide qualityProductsand Services, You understandand acknowledgethatwe cannot and do not promise orguaranteespecific resultsfromusing the WebsiteorProductsand Services, including but not limited to, that any Listed Item will be selected for rental or sale, returned in its original condition, or that any purchased or rented item will conform to its description on the Website or your expectations.
You aresolelyresponsibleatyourexpenseforprovidingall equipmentnecessarytousethe Products andServices,including, butnotlimitedto,acomputer, modem,andinternetaccess, includingpayment of telephone service and/or any other expenses or fees that may be associated with suchaccess to or use of the Products and Services.
You understand and agreethat temporary interruptionsof theWebsitemay occurasnormal events thatare outofourcontrol.You alsounderstandand agreethat we have no control overthethird-partynetworksorservicesthatwe mayusetoprovide you withProductsand Services or that you may use to access the Website or Products and Services. You agreethat your access to and use of the Website and the Productsand Servicesavailable on thisWebsiteareprovided “ASIS” and that we assumenoresponsibilityfor thetimeliness,deletion, misdelivery,orfailuretostore anyuser communicationsorpersonalization settings.
13. User WebsiteConduct and Posting Policies
- User-Created Content: Under certain circumstances, we may offer you and other website users the opportunity to post certain content on portions of the Website, such as, for example, blog posts, news articles and comments, etc. (“User Content”). Examples of User Content include, but are not limited to information, descriptions, and photographs concerning Listed Items that are provided by Consignors, communications, software,published works, photos,videos, graphics, music,sounds,orother material that you transmit tothe Websiteor to us, whetherbyemail orother means, foranyreason. It is expressly understood and agreed that the Company is acting as an Internet Service Provider (“ISP”) in connection with all User Content and that moreover, the Company has no obligation to and does not promise to make or continue to make User Content available on the Website.
- User Content License: Subject to ourPrivacy Statement,any User Content transmitted to us will be treated asnon-confidential andnon-proprietary.Weshall retainanyandall rightstothe User Content.You herebyagreetograntthe Company a non-exclusive, paid-up,perpetual, royalty-free, non-exclusive, sublicensable and transferableworldwide license to copy,distribute,display,publish, translate, adapt, modify,and prepare derivative works of, perform otherwise use the User Content foranypurposewhatsoever, in any media formats and through all media channels.
- User Content Warranties: Youruse of theWebsite issubject to all applicable lawsand regulations, and you aresolelyresponsible forany User Content you submit or provide by any means to theWebsite.Byoffering or posting User Content ontheWebsite,orby otherwise using anycommunicationsservice, messageboard, newsgroup,orother interactive service available on theWebsite,you warrant and agree that you have the legal right and interest, including but not limited to intellectual property interest to post such User Content on the Website. You furthermore warrant and guarantee that you willnotpost comments, messages,links,code,orother informationthat:
i. Isunlawful, threatening,abusive,harassing, defamatory,deceptive, fraudulent, tortious, invasiveof another’sprivacy,orincludesgraphicdescriptionsofsexual orviolentcontent;
ii.Victimizes,harasses,degrades,or intimidatesan individual orgroup of individuals, including but not limited to on the basisof religion, gender,sexualorientation, race,ethnicity,age,ordisability;
iii. Infringeson anypatent, trademark,tradesecret, copyright, right ofpublicity,orotherproprietary rightofanyparty;
iv.Consistsofunsolicited advertising, junkorbulkemail(alsoknown as “spam”), chain letters, any otherform ofunauthorized solicitation,oranyformoflottery or gambling;
v. Contains anyformof maliciouscode,files,orprogramsthat aredesigned orintendedto disrupt, damage,or limit thefunctionalityofanysoftware, hardware,ortelecommunications equipmentor otherwise causes damage,orallowsyou to obtainunauthorized accesstoanydata or other information ofthe Company, its users or any third party;
vi. Breachesthesecurityof,compromisesorotherwise allowsaccess tosecured, protected or inaccessible areasof thisWebsite, orattemptstogain accessto other networkorservervia your accountonthisWebsite; and
vii.Impersonatesanyperson orentity,including, butnotlimitedto,any of the Company’semployeesor representatives;
viii. Make any information available that is the confidential or proprietary information of another, whether as a result of statute, common-law or contract;
ix. Download data or information or data from the Website for the purpose of selling, distributing, or making any use, commercial or otherwise, of the data in a manner which could be expected to offend the person for whom the data is relevant;
x. Interfere with or disrupt another’s access to or use of the Website; or
xi. Make available any materials, or act in any manner that is offensive to the Website community of the spirit of these Terms and Condition as may be determined by the Company in our sole discretion.
- No Endorsementand Removalof User Content. The Companyneither endorsesnorassumesany liabilityfor anymaterial uploaded or submittedbyuserson anypartof theWebsite. We reserve the right, but not the obligation, to monitor User Content and to elect, in our sole discretion, whether or not such User Content shall be permitted to be included on the Website or shared, in any way, with other users.
Wereservetheright, at our sole discretion, to refuse to display or remove anyand all postingsthatwefeel donotcomply with these Termsand Conditions and/or incorporated Documentsandanyother rules ofuserconductfor ourWebsite, or that we believe, in our sole discretion, to be otherwise inappropriate, harmful, objectionable, inaccurate or in violation of another’s legal rights. You agree that we will have no responsibility or liability in regard to, in connection with or as a result of the removal of User Content from the Website or our failure or delay in the removal of User Content from the Website.
- Third-PartyWebsites and Information.ThisWebsitemayredirectorlink tothird-party websites that we do not operate or control ormayotherwise include referencesto information,products, orservicesmade available by affiliated or unaffiliatedthird parties. We makeevery effort to workwith trusted, reputable providersfromtime totime, but cannot and do not make any warranties regarding their products, services or websites or endorse your use of and access to the same. You understand and agree that such websitesmaycontain information,material,orpolicies thatsomemayfind inappropriateorpersonallyobjectionable.You understand and agree thatwe arenotresponsiblefor the accuracy, completeness,decency, orlegality ofcontenthosted bythird-party websites.Wearenot responsiblefor errorsoromissionsin anyreferencesmade onthose third-party websites or any damage you may sustain as a result of or in connection with your access to or use of third-party website, product or service. The inclusion ofsuch a link or reference isprovided merelyas aconvenience,and does notimplyendorsement of, orassociation with, thethird-party websitebyus,orany warranty of anykind, either expressorimplied.
- Promotions. From timetotime,thisWebsitemay include advertisements offeredbythirdparties. You mayenter intocorrespondence with orparticipatein promotionsof the advertisersshowing their productsonthisWebsite.Anysuchcorrespondence or promotions,including,butnotnecessarily limited to, thedeliveryof, andthe payment forgoodsandservices bythosethird parties,and any other terms, conditions,warranties orrepresentationsassociated therewith,aresolelybetween you and the advertiser.Weassume no liability,obligation,or responsibilityforanypart ofanysuchcorrespondence orpromotion. You may opt-out of receiving correspondence or participation in direct promotions by clicking here. Insert link
- Website Content.For purposes of these Termsand Conditions and Incorporated Documents, “Website Content”isdefined asany information, communications, software,published works, photos,videos, graphics, music,sounds,orother material that can be viewed byusersonourWebsite that is not User Content.
- Ownershipof Content.Byaccepting theseTermsand Conditions,you agreethat all contentpresented onthisWebsite, its related Products and Services are protected byanyand all intellectual propertyand/orother proprietaryrights availablewithin the United States, and isthesoleproperty ofCompanyand/or itsaffiliates.
All customgraphics,icons,logosand service names areregistered trademarks,copyrights,orservice marks ofCompany and/orits affiliates. All other trademarks orservice marksare property of their respectiveowners.Nothing in theseTermsand Conditions grantsyou anyright to useany trademark, copyright,service mark,and/or thename ofCompany orits affiliates.
- Limitationson Use of Content.Except fora single copymadeforpersonal use,you maynot copy, reproduce, modify, republish,upload,post, transmit,ordistributeanyWebsite Content in any formorbyanymeans whatsoeverwithoutpriorwrittenpermissionfromus.Anyunauthorized use of Website Contentviolatesourintellectual property interestsandcouldresult in criminal orcivil penalties.
- NowarrantyforThird-PartyInfringement.Neither wenorour affiliates warrantorrepresent that your use of materialsdisplayed on orobtained through thisWebsite will notinfringetherights of third parties.
14. Intellectual Property Rights Notice
Werespectthe intellectual propertyrights ofothers,and we askyou todo the same. You herebyacknowledge that you have the copyright (orlicensethereof) ofany material (e.g., information, communications, software,published works, photos,videos, graphics, music,sounds,orother material) that you submit tous. In instances where we are notified of anyalleged infringementby Companyor UserContent through ourDesignated Agent,adecision maybemadeto removeordisableaccessto suchmaterials,in compliance with the safeharborprovisionsof theDigital MillenniumCopyrightAct (“DMCA”)pursuant to17 U.S.C.§512(c).Wemayalso make agood-faith attempt tocontact theperson who submittedthe affected material, sothat theymaymakea counter-notification. For further information as to how to provide our DMCA Agent with notice of a claim or to respond to a notice of claim, please click here.
15. Website Accessibility Statement
This website and its content are dynamic, and technology is constantly evolving. The Company endeavors to provide a website that is useful, aesthetically pleasing and reasonably accessible to the widest audience possible. While we strive to make our Website reasonably accessible to the widest audience possible, it is impossible to insure that unforeseen issues will not arise in the future. If you are having any specific difficulty using the Website, please contact us at “firstname.lastname@example.org” so that we may assist you. The Company welcomes any feedback on how to improve the Website’s accessibility for users in the future.
We cannot and do not make any representation or warranty that any User Content, including as to Listed Items, third party content or third party websites to which we provide links will be accessible for Your purposes.
ALL CONTENT ANDPRODUCTS AND SERVICES ONTHISWEBSITE AND/OR OFFERED IN CONNECTION HEREWITH ARE PROVIDED ON AN “AS IS”AND“AS AVAILABLE”BASISWITHOUTWARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUTNOTLIMITEDTO,THEIMPLIEDWARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,ORTHEWARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,WEMAKE NOWARRANTYTHAT: (A) THE CONTENTOR PRODUCTS AND SERVICESWILL MEETYOURREQUIREMENTS, (B)THE CONTENT OR PRODUCTS AND SERVICESWILL BE UNINTERRUPTED, TIMELY,SECURE, NON-DEFECTIVE OR ERROR-FREE, (C) THE RESULTSTHATMAY BE OBTAINED FROM USE OF THE CONTENT ORPRODUCTS AND SERVICESWILL BE EFFECTIVE, TIMELY, ACCURATE,OR RELIABLE,OR (D) THEQUALITYOF ANY CONTENT ORPRODUCTS AND SERVICESPURCHASED OR OBTAINED BY YOU FROMTHE WEBSITEFROM US OR OUR AFFILIATESWILL MEETYOUR EXPECTATIONSOR BEFREEFROM MISTAKES,ERRORS, OR DEFECTS.
THISWEBSITE COULDINCLUDE TECHNICALOR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS.WEMAYMAKE CHANGES TOTHE CONTENT OR PRODUCTS AND SERVICESAT THISWEBSITE, INCLUDING, BUT NOT LIMITEDTO, THE PRICES AND DESCRIPTIONSOF ANY PRODUCTS AND SERVICESLISTED HEREIN,ATANYTIMEWITHOUT NOTICE.THE CONTENT OR PRODUCTS AND SERVICESAVAILABLE AT THISWEBSITEMAYBE OUT-OF-DATE, ANDWE MAKE NOCOMMITMENTTOUPDATE SUCH CONTENTOR PRODUCTS AND SERVICES.
THEUSEOF PRODUCTS AND SERVICES, ORTHE DOWNLOADING OR OTHER ACQUISITIONOF ANY PRODUCTSAND SERVICES, OR CONTENT,THROUGHTHISWEBSITEIS DONE ATYOUR OWN DISCRETION AND RISK ANDWITH YOUR AGREEMENT THATYOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURCOMPUTER SYSTEMOR LOSSOF DATATHAT RESULTS FROM SUCH ACTIVITIES.
Through youruse of the Website, you mayhave the opportunity toengage in commercial transactions with otherusers, companies, groups, orvendors. You acknowledgethat all transactionsrelating toany productsorservicesprovided byanythird party,including, but not limited to, the purchase and sale of dance merchandise, and purchaseterms, payment terms,covenants, warranties, orguarantees in connection therewithare agreedtosolelybetween the you and the Consignor, Renter or Buyer of the productsorservices as applicable.
WEMAKE NOWARRANTY REGARDING ANYTRANSACTIONS EXECUTEDTHROUGH ATHIRD PARTY, ORIN CONNECTIONWITHTHISWEBSITE,AND YOU UNDERSTAND AND AGREETHAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWNRISK. ANYWARRANTY THAT IS PROVIDED INCONNECTIONWITH ANY PRODUCTS AND SERVICES OR CONTENT AVAILABLE ONORTHROUGHTHISWEBSITEFROMATHIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOTBY US, OR ANY OTHEROFOUR AFFILIATES.
WERESERVE THE SOLE RIGHTTO EITHERMODIFY OR DISCONTINUE THEWEBSITE, INCLUDING, BUT NOTLIMITEDTO,ANY PRODUCTS AND SERVICES OR FEATURESTHEREIN, ATANYTIMEWITHORWITHOUTNOTICETO YOU.WESHALL NOT BE LIABLETOYOU, OR ANY THIRD PARTY, SHOULDWE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE,BUTARE NOT LIMITEDTO,CHANGES INTHE PRICING STRUCTURE, FEES CHARGED,THE ADDITIONOF FREE,OR FEE-BASED SERVICES, OR CHANGES TOLIMITATIONSON ALLOWABLE CONTENT, FILE SIZES, OR FILETYPES. ANY NEWFEATURESTHAT AUGMENT OR ENHANCE THETHEN-CURRENT PRODUCTS AND SERVICESSHALL ALSO BE SUBJECTTOTHESETERMS AND CONDITIONS.
PLEASE NOTETHAT SOME STATESORJURISDICTIONS DONOTALLOWTHE EXCLUSIONOF CERTAINWARRANTIES,SO SOME OFTHE ABOVE LIMITATIONS MAY NOTAPPLYTO YOU. PLEASE CONSULT THE LAWSIN YOUR JURISDICTION.
Yourexclusive remedyand our entire liability,ifany, foranyand all claimsarising outof these Terms and Conditionsand your use of thisWebsiteshallbe limitedtothe amount you paid usforProductsand Servicesobtained through theWebsite during the six (6) monthperiod beforethe incident, which gave risetothe claim.
IN NO EVENT SHALLWE OROUR AFFILIATES BE LIABLETOYOU OR ANYTHIRD PARTY FOR ANY SPECIAL,PUNITIVE, INCIDENTAL,INDIRECT OR CONSEQUENTIAL DAMAGES OF ANYKIND, OR ANY DAMAGESWHATSOEVER, INCLUDING,WITHOUT LIMITATION,THOSE RESULTING FROMLOSS OF USE, DATAOR PROFITLOSS,WHETHEROR NOTWEHAVE BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES,AND ON ANYTHEORYOFLIABILITY, ARISING OUT OF ORIN CONNECTIONWITHTHE USEOFTHIS WEBSITEOROF ANYWEBSITE REFERENCED OR LINKED TOFROMTHISWEBSITE OR YOUR PURCHASE, SALE OR USE OF ANY PRODUCT OR SERVICE IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO DANCE MERCHANDISE. FURTHER,WE SHALL NOTBELIABLE IN ANYWAY FOR THIRD-PARTY PROMISES REGARDING PRODUCTSAND SERVICES OR CONTENT, ORFOR
ASSISTANCE IN CONDUCTINGCOMMERCIALTRANSACTIONSWITHTHETHIRD PARTY THROUGHTHISWEBSITE, INCLUDING,WITHOUT LIMITATION,THE PROCESSING OFORDERS. PLEASE NOTETHAT SOME JURISDICTIONS PROHIBITTHE EXCLUSIONOR LIMITATIONOF LIABILITYFOR CONSEQUENTIALORINCIDENTAL DAMAGES,SOTHE ABOVE LIMITATIONS MAY NOT APPLYTOYOU. PLEASE CONSULT THE LAWSIN YOUR JURISDICTION.
You agreetodefend,indemnify,andhold The Company harmlessfromall liabilities,claims,and expenses,including, butnotlimitedto,attorney’s feesorcosts thatmayarisefrom youruseormisuse of thisWebsite, or your violation of these Terms and Conditions, the Privacy Statement and/or any other policy or written agreement between us. Wereserve theright,atourown expense, to assumetheexclusive defenseand control of anymatterotherwise subjectto indemnification by you,in which eventyou will cooperate with usin asserting anyavailable defenses.
- Groundsfor Termination.You agreethatwe may,atour sole discretion, terminateorsuspend your accessto all orpart of theWebsite or the Products and Services, with orwithoutnotice, andforanyreason,including,without limitation,breach of these Termsand Condition. The Company has the right to report any suspectedfraudulent, abusive,or illegal activity by you to the proper authorities and maybegroundsforbarring youraccess tothisWebsite,regardless of whether our suspicions are ultimately confirmed or found to be well-founded.
- No Rightto Products and ServicesUpon Termination.Upontermination and regardless of the reason(s) motivatingsuch termination,your right to access the Website or usetheProductsandServicesavailable on this Websitewill immediatelycease.Weshall notbe liable to you, oranythirdparty, foranyclaimsfor damages arising out ofanytermination orsuspension,oranyotheractions takenbyus inconnection therewith. Notwithstanding the foregoing, yourliabilityforanyunpaid fees as well as your representations and warranties, hereunder, shall survive anytermination.
19. Miscellaneous Provisions
- InternationalUse.AlthoughthisWebsitemaybeaccessible worldwide,we makenorepresentation that materialsonthisWebsite or the Products and Services offered in connection therewithareappropriateoravailableforuse in locationsoutside the United States. We do not sell or ship any dance merchandise outside of the United States at this time. Those who chooseto accessthisWebsitefromother locations, doso on theirown initiative and at their own risk.Ifyou choose to accessthisWebsitefromoutsidethe United States, you areresponsiblefor compliance with local lawsin your jurisdiction, including,but not limitedto, thetaxation ofproductsor servicespurchasedovertheInternet. Any offer foranyproduct, service,and/or informationmade in connection with thisWebsiteisvoid where prohibited.
- Governing Law and Exclusive Forum.ThisWebsite (excluding anythird-party websites)iscontrolled byusfromouroffices in New York, New York,andthelawsof theState ofNew York shall be controlling,without regard tothe conflicts oflawsprinciples thereof. You agree and herebysubmit tothe sole and exclusive personal jurisdiction and venue of the Supreme Court of the State of New York, County of New York orthe United States DistrictCourtfor theSouthern District of New York.
- Use By Children. We do not offer products or services for sale to children under 18. We offer products or services for purchase by adults only. By using this Website, you are representing to us that you are 18 years or older. We will not be liable for any damages that may result from misrepresentation of age by a user of our website.
- Notices. All noticesto apartyshall be in writingand shall bemade either via email orconventional mail. Notices tousmust be sent tothe attention ofCustomerService by email at “email@example.com” . You agreeto allowus tosubmitnoticesto you either throughthe email address you provide,ortotheaddresswe have on record. Anynotices or communication under these Terms and Conditionswill be deemed delivered tothe party receivingsuch communication: (1)onthe deliverydate ifdeliveredpersonallytothe party; (2)two businessdaysafterdeposit with acommercial overnight carrier,with written verification of receipt; (3) five businessdaysafterthemailingdate, ifsent by U.S.mail, return receipt requested; (4)onthedeliverydate iftransmittedbyconfirmedfacsimile;or (5)on the deliverydate if transmitted byconfirmed email.
- No Resale Right.You agree not to sell, resell, reproduce, duplicate, distribute,copy,oruseforany commercialpurposes anyportion of thisWebsite, oruse of, oraccessto thisWebsite,orProductsand Servicesprovided through thisWebsite,beyond the limitedrightsgrantedto you hereunder.
- ForceMajeure.Inaddition toanyexcuse provided byapplicable law,we shall be excusedfrom liability fornon-deliveryordelay in deliveryofProducts and Servicesavailable throughourWebsite arisingfrom anyeventbeyond our reasonable control,whetherornot foreseeablebyeither party,including, but not limited to,labordisturbance,war,fire,accident, adverseweather,inabilityto securetransportation, governmental actor regulation,and othercausesoreventsbeyond our reasonable control,whether or notsimilar tothose which areenumeratedhereinabove.
- Savings Clause. Ifanypart of theseTermsand Conditionsisheld invalidorunenforceable,thatportion shall be construed ina mannerconsistent with applicable lawto reflect,asnearlyas possible,the original intentionsof theparties,andtheremaining portionsshall remain infullforceand effect.
- No Waiver. Anyfailurebyus to enforce orexercise anyprovision of these Termsand Conditionsor relatedrightsshall not constitutea waiverof that rightorprovision.
- EntireAgreement.These TermsandConditions including the Incorporated Documents, Sales Agreement or Purchase Agreement constitutethe entire agreement and understanding between the partiesconcerning thesubject matterhereofandsupersedesall prioragreementsand understandings of theparties with respectthereto. Totheextent that anything in or associatedwith, thisWebsiteisinconflict or inconsistent with these Termsand Conditions, theseTerms and Conditionsshall take precedence.
Eff. Date: ____
INTELLECTUAL PROPERTY RIGHTS NOTICE
The Costume Exchange, Inc. respects the intellectual property rights of others and is committed to complying with all U.S. intellectual property right laws. Ifyou believe thatyourorsomeone else’scopyrighthasbeen infringed by any content on The Costume Exchange, Inc.’s Website, (“Website Content”) you, (as the owner orrightsholder) should send notificationto ourDesignatedAgent by mail or email at the addresses set forth below.Priortosending usnotice, you may wish to consultanattorney inorder todetermineyourrightsand legal obligationsunder the Digital Millennium Copyright Act (“DMCA”) and any other applicable laws.Nothing hereoranywhere on the Website isintended as asubstituteforqualified legal advice.
Tofile anotice regarding claimedinfringingmaterial, please provide the following information
1. Reasonablysufficientdetailsabout thenature of thecopyrighted workinquestion, or, in thecase of multiple alleged infringements,arepresentative listofsuch works.Thisshould include, title(s), author(s),any U.S.CopyrightRegistrationnumber(s),or URL(s);
2. Reasonablysufficientdetails toenable usto identifyand locatethematerial thatisallegedly infringing the yourworks(e.g.,file name orURLof thepagesthat containsthe material);
3. Your or your representative’s contact information, so thatwe cancontact them(e.g., name,address, telephone number, and email address);
4. Astatement that the You haveagood-faithbelief that theuse of thematerial identified above in subparagraph2 isnot authorized bythecopyrightowner,its agent, orthe law;
5. Astatement, underpenaltyofperjury, that the information in thenotification is accurateandthat the you or your representative are authorized to actonbehalfof thecopyrightowner; and
6. Your or your representative’s electronicsignature.
Noticemaybe sent to:
The Costume Exchange by email to:
If we receive a valid notice, we will act promptly to remove the allegedly infringing material or disable access to it on the Website. We will also make a good faith effort to promptly notify the person who posted the content that a claim of infringement has been made and that the person may file a counter-notification if that person chooses to do so.
Counter-NotificationIf material thatyou have postedto ourWebsitehasbeentaken down,youmayfile a counter-notificationthatcontainsthefollowingdetails:
1.Identification of thematerial that hasbeenremoved orto which accesshasbeen disabled andthe location at which thematerial appearedbefore it was removed oraccess to itwas disabled;
2.A statement, under penaltyofperjury, thatyou have a good-faithbelief that thematerial was removed ordisabled asa result of mistakeormisidentification of thematerial in question;
3.Your or your representative’sname,address, telephone number, and email address;
4.A statement that you consent tothejurisdiction of theUnited States District Courtfor the Eastern District of New York andthat you will acceptservice ofprocessfromthe person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA,oran agent ofsuch person; and
5.Your or your representative’s physical orelectronicsignature.
Counter Noticemaybe sent to:
The Costume Exchange by email to:
If we receive a valid Counter Notice, we will make a good faith effort to promptly provide a copy of the Counter Notice to the person who filed the Notice and thereafter follow the procedures provided in the DCMA. You agree that The Costume Exchange Inc. will not be a party to any further dispute or lawsuit regarding the alleged infringement and that The Costume Exchange Inc. will not be liable to you or any other party for its acts in removing or replacing any Website content in response to a DMCA Notice or Counter Notice.
The Costume Exchange, Inc. is not your attorney, counselor or advocate in connection with any claim made under the DMCA and will not undertake to adjudicate or decide any claim or defense. As stated in the Terms and Conditions, into which this Statement is incorporated,all communicationssentby you tous, including as to a claim or defense under the DCMA will be treated asnon- confidential and non-priveleged subjecttoour Privacy Statement and may be shared by us in any context.
Eff. Date: July 10, 2018