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Terms and Conditions

Terms and Conditions

Last Revised: December 1, 2018

Welcome to www.broadwayandninth.com ("Site"). This Site is offered and controlled by Broadway and Ninth, LLC (“Broadway and Ninth”, “we”, “us”, or “our”). By accessing and/or using our Site and by acquiring merchandise from our Site you agree to be bound by these Terms and Conditions, our Privacy Policy, Return Policy, Shipping Policy, Promotion Policy and other provisions and policies associated with your use of our Site and the acquisition of merchandise (collectively “Agreement”).

PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY. BY PURCHASING MERCHANDISE, ACCESSING AND USING OUR SITE YOU ACKNOWLEDGE THAT YOU ARE THE AGE OF MAJORITY AND AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT.

1. OVERVIEW

You can purchase merchandise, learn about promotions, sign up for our newsletter and communicate with us through the Site. Certain features of the Site require you to create an account. To register you must create a user account by providing a valid email address and creating a unique password (“Account”). When you acquire merchandise as a guest or through your Account you warrant that all information used in connection with the Site and acquisition of merchandise is accurate and true. You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring all information used in connection with the Site is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.

2. PURCHASING PRODUCTS

You must provide us with your full legal name, an active telephone, a valid credit card and current address to purchase products through Site. All payments are processed by Shopify and are subject to the following provisions. Shopify's Payments Terms of Service.

3. ORDER RESTRICTIONS AND RISK OF LOSS

Merchandise acquired from us is not intended for re-sale. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The risk of loss for purchased product(s) passes from us to you as soon as we provide the carrier the purchased product(s). As a result, you will need to file claims directly with the carrier for any loss or damages that occurred while the purchased product(s) were in the possession of the carrier. You can check the status of your order by emailing hello@broadwayandninth.com.

4. PROMOTIONS

From time to time we may make sweepstakes, contests, or other promotions available through our Site (“Promotion”) that require you to register and/or accept the terms and conditions associated with the same. Please review the applicable rules, terms, and/or disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.

5. RETURNS AND EXCHANGES

All returns are subject to our return policy.

6. LICENSE AND USE RESTRICTIONS

  1. Site. We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use our Site as expressly permitted herein. Except for this limited license we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
  2. Your Content. You hereby grant to us and our owners, affiliates, representatives, licensees, licensors and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, distribute, store, transmit reproduce any information you submit in connection with the use of our Site (“Your Content”) to: (i) make the Site available to you; (ii) manage your Account; (iii) address questions and issues; and (iv) process purchases. You hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.
  3. Restrictions.You are prohibited from violating or attempting to violate the security or integrity of our Site or otherwise violating or infringing our rights or the rights of others who use our Site and agree not to do the following:
  • use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site;
  • gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
  • probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
  • take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
  • use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Site or any transaction occurring on the Site, or with any other person’s use of the Site;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site;
  • not to make any false or misleading statements in connection with your use of the Site;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  • Use our Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  • Advertise or offer to sell or buy any goods or services for any business purpose;
  • Restrict or inhibit any other user from using and enjoying the Site;
  • Violate any applicable laws or regulations; and/or
  • Create a false identity for the purpose of misleading others.

WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF THE SITE IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT.

7. INTELLECTUAL PROPERTY RIGHTS

The design of the Site and created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Our Content"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree not to engage in the use, copying, or distributing any of Our Content contained within the Site.

8. ACCESSIBILITY

We are committed to ensuring that all customers are able to access and use our Site and follow the Web Content Accessibility Guidelines to assist with ensuring that individuals with disabilities are able access and use our Site. To assist with accessibility we have implemented the following:

(1) Site Organization. Our Site and the Terms & Conditions have conspicuous headings that are easy to follow, read and are compatible with most assistive technology solutions.

(2) Availability of Our Content. We take commercially reasonable measures to make Our Content available in variety of methods such as text and audio.

(3) Keyboard Accessibility. Many features of our Site are accessible using a keyboard.

FOR FURTHER ASSISTANCE PLEASE CONTACT US VIA EMAIL AT hello@broadwayandninth.com.


9. DISCLAIMER OF WARRANTIES.

THE SITE IS PROVIDED TO YOU AS IS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE WILL BE CORRECTED.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.

10. LIMITATION OF LIABILITY.

YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK.  NEITHER WE NOR OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

11. INDEMNIFICATION.

You agree to defend and indemnify us and our employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relation to (i) Your Content; (ii) your use of the Site; (iii) your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) use of any services provided by third party service providers.  You may not settle or compromise any claim without our prior written consent.

12. TERMINATION.

You may terminate your participation at any time by discontinuing use of our Site.  If you have a dispute with us relating to the Site, immediately cease all use of our Site.  Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us.  The following Sections shall survive termination of the Agreement or your use of the Site: IP ownership rights, payments, limitation of liability, indemnity and dispute resolution.

13. MODIFICATION.

PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on the Site. We will also update the "Last Revised" date at the top of the Agreement. If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of the Site constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.

14. THIRD PARTY LINKS.

Our Site incorporates links to third-party websites.  Some third-party websites may collect data or solicit personal information from you.  We neither own nor control such third-party websites and are not responsible for their content or actions.  Please read the terms and conditions and privacy policies of any third-party website that may be linked to our Site.

15. PRIVACY.

We collect and use information about you and your use of the Site.   Please review our privacy policy for more information.

16. MINORS.

This Privacy Policy applies to your access and use of Site and describes our practices and policies related to the collection, use and storage of information about Service users.  Our privacy practices are consistent with the Federal Children’s Online Privacy Protection Act (“COPPA”) and we will not knowingly request or collect personal information from any child under the age of majority. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case he/she/they will take full responsibility for all obligations under this Agreement.  BY ESTABLISHING AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS AGREEMENT AND THE TERMS OF USE ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD, IN WHICH CASE YOU AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

17. COMMUNICATIONS.

By providing your email address to us or creating an Account you consent to receiving emails from us and from our third-party providers and affiliates.  These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at hello@broadwayandninth.com with the word “UNSUBSCRIBE” in the subject line.

18. DISPUTE RESOLUTION.

PLEASE READ THIS SECTION CAREFULLY.

Any dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively "Rules and Procedures"). Each party shall bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

YOU ARE THUS GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND 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.

The arbitrator will not have authority to award damages in excess of the amount set forth in this Agreement. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

19. QUESTIONS?

If you have any questions about these Terms & Conditions, please contact us at:

Broadway and Ninth, LLC

Attn: Customer Service

849 S Broadway

Los Angeles, CA 90014

hellow@broadwayandninth.com

Privacy Policy

Introduction

The following privacy policy (“Privacy Policy”) is designed to inform you of the policies and procedures that will apply to the collection, security, use and disclosure of any of your personal data collected by Broadway and Ninth, LLC (“Broadway and Ninth”, “we”, “us”, or “our”) through www.broadwayandninth.com ("Site").  It also describes your choices regarding use, access and correction of your Personal Data (defined below).

BY PROCEEDING TO USE OUR SITE AND/OR ACQUIRING MERCHANDISE YOU CONSENT THAT WE MAY PROCESS THE PERSONAL DATA THAT WE COLLECT FROM YOU IN ACCORDANCE WITH THIS PRIVACY POLICY.

1. CHANGES TO THIS PRIVACY POLICY

We may modify this Privacy Policy from time to time to reflect changes to our information practices, so check back frequently. Any changes to this Privacy Policy will be posted on this page, and where appropriate (for example, if there are material changes to this policy), we will notify you by email or by means of a notice on our home page prior to the changes taking effect.

2. INFORMATION WE COLLECT FROM YOU

(a) Overview. Our primary goals are to provide and improve our products and services, to provide quality customer service, to respond to you and to enable users to effectively navigate the Site. We may collect Personal Data and Non-Personal Data about you and process the same as set forth herein.

(b) “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

(c) When you give us your information.  You may give us your Personal Data in the following ways: (i) sign up for newsletters, (ii) send us an email, (iii) acquire merchandise and/or (iv) participate in a special promotion.

3. HOW DO WE USE YOUR PERSONAL DATA?

We will use your Personal Data to:

(i) carry out our obligations arising from any agreements entered into between you and us;

(ii) provide you with Site and the merchandise you requested from us;

(iii) notify you about changes to our Site; or

(iv) ensure that content from our Site is presented in the most effective manner for you and your device, and

(v) we may also use your Personal Data to contact you with certain marketing or promotional materials, as well as other information that may be of interest to you. If you no longer consent to such use please send us an email so stating to hello@broadwayandninth.com or follow the unsubscribe instructions provided in any of the communications.

4. NON-PERSONAL DATA WE COLLECT FROM YOU

(a) “Non-Personal Data” means data that is not associated with or linked to your Personal Data; Non-Personal Data does not, by itself, permit the identification of individual persons.

(b)  Log Data. When you visit the Site, we automatically collect technical and statistical data about your visit, such as your browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data, the pages you visit and any search terms you use ("Log Data").

(c)  IP Address.  We also collect your public IP address when you visit the Site. We may use your public IP address in order to determine whether certain requests are fraudulent or frivolous and we may automatically cross-reference your public IP address with your domain name (usually the domain name of your ISP or employer). Because you may be visiting the Site from your personal residence (for example, because you are telecommuting), your IP address and any associated domain name are treated as "Personal Network Information" instead of Personal Data. "Log Data" does not include Personal Network Information. Although such Personal Network Information may be used to administer and maintain the Site, it is not shared with any third parties, except as described below in the sections titled "Service Providers," "Compliance with Laws and Law Enforcement" and "Business Transfers." We will use Log Data for any purpose.

(d) Use of Non-Personal Data.  We may also use your Log Data and Personal Network Information to: (i) administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; (ii)  improve our Site to ensure that content is presented in the most effective manner for you and for your device; (iii) allow you to participate in interactive features of our service, when you choose to do so; (iv) as part of our efforts to keep our Site safe and secure.

(e) Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to users. We do not tie the information gathered by Pixel Tags to Personal Data.

(f)  Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

(g) Google Analytics. We may use Google Analytics to help analyze how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to our Site. We use the information we get from Google Analytics only to improve our Site. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with your Personal Data. Although Google Analytics plants a persistent Cookie on Your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to our Site is governed by the Google Analytics’ Terms of Use and Privacy Policy.

5. AGGREGATED DATA

After removing any information that would personally identify you from within the set of Personal Data, Personal Network Information and Log Data we collect from you, we may combine that information with information we collect from other users and customers (collectively the "Aggregated Data") in order to improve the quality and value of Site and to analyze and understand how our Site is used.  We may share Aggregated Data (after stripping of any information that would personally identify you) and Log Data with third parties for industry analysis, demographic profiling, and other purposes.

6. COOKIES/TRACKING TECHNOLOGIES

Technologies such as cookies or similar technologies are used by us and our partners, affiliates, or analytics or service providers. These are used in storing content information and preferences, analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies to remember users’ settings (e.g. language preference), for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

7. BEHAVIORAL TARGETING / RE-TARGETING

We partner with a third party to either display advertising on our Site or to manage our advertising on other sites. Our third-party partners may use technologies such as cookies to gather information about your activities on this Site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by going to http://preferences-mgr.truste.com/ (or if located in the European Union please go here http://www.youronlinechoices.eu/). Please note this does not opt you out of being served ads. You will continue to receive generic ads.

8. INFORMATION SHARING & DISCLOSURE

(a) Service Providers. We may from time to time use certain third-party business partners, suppliers, and sub-contractors (including companies and individuals) to perform Site-related services (for example, without limitation, website hosting, maintenance services, database management, Web analytics, and improvement of the Site's features) (“Service Providers”). These Service Providers have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

(b) Compliance with laws and law enforcement. Broadway and Ninth cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose your Personal Data to government or law enforcement officials or private parties in response to lawful requests if we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation (such as to meet national security or law enforcement requirements), to enforce or apply our terms and conditions or respond to claims and legal process, to protect the property and rights of Broadway and Ninth or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity (including for the purposes of fraud protection).

(c)  Business Transfers.  If Broadway and Ninth is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Data, as well as any choices you may have regarding your Personal Data.

9. CALIFORNIA PRIVACY RIGHTS

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.

To request a copy of the information disclosure provided by us pursuant to Section 1798.83 of the California Civil Code, please contact us at the below address:

Broadway and Ninth, LLC,

Attn: Legal

849 S. Broadway

Los Angeles, CA  90014

hello@broadwayandninth.com

10. CALIFORNIA DO NOT TRACK DISCLOSURE

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not recognize or respond to Do Not Track browser settings or signals and we will still receive information.  As a result, we may still collect information about you and your internet activity, even if you have turned on the Do Not Track signal.

It is possible that some or all of our third-party advertising partners or members of their affiliate network may participate in a consumer opt-out programs.  To learn more about internet-based advertising and consumer opt-out programs go to http://aboutads.info/choices/ or http://www.networkadvertising.org/choices/.  We do not operate or control these sites, and are not responsible for the opt-out choices available there.

11. YOUR U.K. PRIVACY RIGHTS

Users from the U.K. have the right to ask us to amend or limit the processing of their Personal Data, (as defined by U.K. law) and in particular not to process their Personal Data for marketing purposes. We will inform you (before collecting your personal data) if we intend to use your Personal Data for such purposes or if we intend to disclose your Personal Data to any third party for such purposes. You can exercise your rights to prevent such processing by checking certain boxes on the forms we use to collect your Personal Data. You can also exercise the right at any time by contacting us at: hello@broadwayandninth.com.

The U.K. Data Protection Act 1998 ("the DPA 1998") gives users from the U.K. the right to access information held about you. Your right of access can be exercised in accordance with the DPA 1998. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

12. INTERNATIONAL TRANSFERS OF INFORMATION

Information, including information collected in the European Economic Area ("EEA") may be transferred, stored and processed by us and our services providers in the United States and other countries whose data protection laws may be different than the laws of your country. We will protect your Personal Data in accordance with this Privacy Policy wherever it is processed and take appropriate steps to protect the information in accordance with applicable laws.

If you live in the EEA, or a similar international area, you may have additional privacy rights available to you under applicable laws. We will process your requests in accordance with applicable data protection laws. If you would like to exercise any of the below rights, please contact hello@broadwayandninth.com so that we may consider your request in accordance with applicable law:

  •       Right not to provide or withdraw consent: You have the right not to provide or withdraw your consent at any time.
  •       Right of access: You may have the right to access the Personal Data that you provided us.
  •       Right of erasure: You may have the right to the erasure of Personal Data that we hold about you.
  •       Right to object to processing: You may have the right to request that we stop processing your Personal Data and/or to stop sending you marketing communications.
  •       Right to rectification: You may have the right to require us to correct any of your Personal Data.

13. PRIVACY RIGHTS & DATA PROTECTION OFFICER

General. You may modify the information you have provided to us at any time through your Account. You can also opt-out of receiving marketing communications, deactivate, or delete your Account at any time.

14. INFORMATION SECURITY & CONFIDENTIALITY

We maintain (and requires its subcontractors and service providers to maintain) appropriate organizational and technical measures designed to protect the security and confidentiality of any information we process. However, no organizational or technical measures are 100% secure so you should take care when disclosing information online and act reasonably to protect yourself online.

15. SECURITY & INTERNATIONAL TRANSFER

We are concerned with safeguarding your information. We employ generally accepted standards of administrative, physical, procedural, and technological measures designed to protect your information from unauthorized access, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at hello@broadwayandninth.com.

However, please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, although Broadway and Ninth complies with its legal obligations in respect of the security of your personal data we cannot guarantee its absolute security.

16. LINKS TO OTHER SITES

Our Site contains links to other websites. If you click on a third-party link you will be directed to that third party's website. We do not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. This Privacy Policy addresses the use and disclosure of information that we collect from you through this Site. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.

17. OUR POLICY TOWARD CHILDREN

This Site is not directed to children under 18. If a parent or guardian becomes aware that his or her child has provided us with personal or contact information without their consent, he or she should contact us at hello@broadwayandninth.com. If we become aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our files immediately.

18. CONTACTING US

If you have any inquiries or complaints about how we use your personal data, please contact us at:

Broadway and Ninth, LLC,

849 S. Broadway

Los Angeles, CA  90014

hello@broadwayandninth.com