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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Backdrop Exchange. The collective work includes works that are licensed to The Backdrop Exchange. Copyright 2009, The Backdrop Exchange ALL RIGHTS RESERVED. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Backdrop Exchange. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of The Backdrop Exchange used in the site are trademarks or registered trademarks of The Backdrop Exchange
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Backdrop Exchange disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Backdrop Exchange does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Backdrop Exchange does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
The Backdrop Exchange shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Backdrop Exchange has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a The Backdrop Exchange product is mistakenly listed at an incorrect price, The Backdrop Exchange reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Backdrop Exchange reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Backdrop Exchange shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Backdrop Exchange without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
The Backdrop Exchange may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Backdrop Exchange.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Backdrop Exchange products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Backdrop Exchange products) must be commenced within one (1) year after the claim or cause of action arises. The Backdrop Exchange's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Backdrop Exchange may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Backdrop Exchange or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
The Backdrop Exchange does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Backdrop Exchange is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Backdrop Exchange reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Backdrop Exchange in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless The Backdrop Exchange, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, The Backdrop Exchange may link to sites operated by third parties. However, even if the third party is affiliated with The Backdrop Exchange, The Backdrop Exchange has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Backdrop Exchange. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Backdrop Exchange seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Terms and Conditions of Rental
You are only responsible for the backdrops you rent from the time you receive them up until you return them to our warehouse by the method of transportation of your choice. In the event of a lost or damaged backdrop, you will need proof that the carrier received the backdrops. In the event that you use your own delivery method outside of (USPS, UPS, FedEx), the responsibility will remain yours until we receive the backdrops in our warehouse.
Backdrop Rental Payment Terms
Upon confirming your booking, we require a $10 shipping fee. All memberships must be paid in full prior to shipping the backdrops. Credit Card Payments will be accepted along with Check and PayPal for all membership options.
Backdrop Purchase Payment Terms
When purchasing backdrops, we will charge you a fee equal to 60% of retail for the backdrop. Only Credit Card Payments will be accepted.
Shipping Instructions
We reserve the right to choose the shipping company best suited to deliver the backdrops in a timely manner, directly to your door. Even though you will be guaranteed a specific shipping date, it is our company policy to make every attempt to deliver your order to you early. We are not, however, responsible for backdrops that do not arrive on time due to availability, shipping time, or the return time for your previously checked-out backdrop.
Handling Instructions
A clean, smooth and dry surface is required to handle our backdrops, whether receiving or returning the backdrops. Please ensure that there are no sharp objects that could rip or tear the backdrop. Damages and alterations can be costly and will be the responsibility of the client. Do not use sharp blades when opening the box! Even though the backdrops are packed well, this is known to be the most common cause of damage.
Refunds / Cancellations
Should the need to cancel a rental arise, we are a reasonable company and will always attempt to accommodate our clients’ needs:
FOR RENTAL REFUNDS: Rentals cancelled prior to the shipment date, will receive a credit for their shipping fee towards their next rental.
FOR SUBSCRIPTION REFUNDS: Subscriptions may be cancelled at any time free of charge after the minimum length of the contract you signed. Subscriptions will continue to be charged until all backdrops have been returned to us. Prepaid memberships revert to monthly billing after the conclusion of the prepaid term and are the responsibility of the consumer to cancel.
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