BroadwayWorld provides a free classified ad service for the purposes of allowing our users to list items for sale. Our service has limitations and risks that you must be aware of before participating. Prior to, and as a condition of your participation, you (hereinafter You or Yours or User) must agree to abide by our Terms of Participation. By using our free classified ad service, you are accepting these Terms.
Terms of Participation
1. Buying and selling through BroadwayWorld is available only to individuals who can form legally binding contracts under applicable law. This excludes all minors. In addition, minors may not place or respond to a personal advertisement.
2. BroadwayWorld reserves the right to modify the Terms of Participation at any time and without prior notice. We may change or end our or Your use of our service at any time.
3. BroadwayWorld is not involved in any transaction between any party who uses our site. There are risks which You assume when dealing with people who might be acting under false pretenses; all of these risks are borne by You. We are a venue only and do not screen or censor or otherwise control the listings offered to other Users, nor does BroadwayWorld screen or censor or otherwise control the Users of its service. BroadwayWorld cannot and does not control the behavior of the participants on this site. We cannot control whether or not Users of the BroadwayWorld classified ads service will complete the transactions they describe on our site.
4. If there is a dispute between participants on this site, BroadwayWorld is under no obligation to become involved. In the event that You have a dispute with one or more Users, You hereby release, BroadwayWorld, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
5. The BroadwayWorld classified ads service may be used only for lawful purposes. The violation of any applicable local, state, federal or foreign law or regulation is prohibited.
6. BroadwayWorld prohibits the transmission, distribution or posting of unwanted or offensive content. It is Your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include misleading offers that do not list the total purchase price or a "bait & switch" of products, advertisements listed in the incorrect category, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another e-mail address other than Your own, any posting with the goal of harassment of another, sexual requests, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited e-mail or advertisements. Further, BroadwayWorld prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, and User account numbers/ passwords or similar financial information. Even though all of this is strictly prohibited, there is a chance that You might become exposed to such items and You further waive Your right to any damages (from BroadwayWorld) related to such exposure.
7. BroadwayWorld prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following:
Food (other than packaged food meeting all applicable federal state and local standards for sale to consumers by commercial merchants)
Alcoholic beverages (except if You are reselling an alcoholic beverage that was initially purchased from a retailer and it still in its original container and it is legal to deliver to the buyer and into the jurisdiction where the buyer is)
Cigarettes or any other tobacco product for human consumption
Pharmaceuticals or any other controlled substance
Dangerous, counterfeit or stolen goods
Goods which do not actually exist
Any good that infringes or violates anyone's rights
Any item which in BroadwayWorld’s sole discretion is inflammatory, offensive or otherwise inconsistent with BroadwayWorld’s standards of business ethics.
Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
8. BroadwayWorld strongly opposes SPAM, which floods the Internet with unwanted and unsolicited e-mail. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
9. If BroadwayWorld, in its sole discretion, determines that a violation of the Terms of Participation has occurred, BroadwayWorld may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site. BroadwayWorld could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. BroadwayWorld will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising it's rights. Such cooperation may be without notice to You. If BroadwayWorld believes in its sole discretion that any ad may create liability for BroadwayWorld, BroadwayWorld may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability. In sum, BroadwayWorld reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
10. User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the BroadwayWorld service. We may also, in our sole discretion, add or delete fees associated with the Service. If any charge is applicable, we will notify our Users in advance.
11. Disclaimer of warranties. You agree that use of the service is at user's sole risk. The service is provided on an as is and on an as available basis. Broadwayworld expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12. BroadwayWorld makes no warranty that the service will meet user's requirements, that the service will be uninterrupted, timely, secure, or error free; nor does broadwayworld make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service.
13. User understands and agrees that any information or material and/or goods or services obtained through the service is done at user's own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.
14. No advice or information, whether oral or written, obtained by user from broadwayworld or through or from the service shall create any warranty.
15. Limitation of liability. User agrees that broadwayworld shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service or arising from any other matter relating to the service, including but not limited to, damages for loss of profits, use, data or other intangible, even if broadwayworld has been advised of the possibility of such damages. User further agrees that BroadwayWorld shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct, indirect, incidental, special consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that broadwayworld shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall broadwayworld be liable to you for any damages, losses, and causes of action arising out of your use of the broadwayworld free classified ads service.
16. Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the above limitations may not apply to you.
17. You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the User) to BroadwayWorld The User Data shall be deemed to be the property of BroadwayWorld. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
18. No Resale or Unauthorized Commercial Use. You agree not to resell or assign Your rights or obligations under these Terms of Participation. You also agree not to make any unauthorized commercial use of the Service.
19. Others' Information. You agree not to make use of anyone else's Information other than as necessary to participate in the BroadwayWorld classified ads and to promptly complete any BroadwayWorld classified ads transactions in which You are involved.
20. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between BroadwayWorld and any User of the Service.
21. Notice. Any notice to You or to us shall be made by either e-mail. We may also give notice of changes to these Terms of Participation or other matters related to the BroadwayWorld classified ads by displaying notices to Users on the Service.
22. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
23. These Terms of Participation and the relationship between User and BroadwayWorld shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. User and BroadwayWorld agree to submit to the personal and exclusive jurisdiction of the courts located within the county of BroadwayWorld's owner(s) residence.
24. The failure of BroadwayWorld to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect.
25. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the these Terms of Participation must be filed within one (1) year after such claim or cause of action arose or be forever barred.
26. The section titles in these Terms of Participation are for convenience only and have no legal or contractual effect.
27. Please help us keep the BroadwayWorld site an enjoyable experience for all Users, if You observe material or behavior that may violate one of the BroadwayWorld terms of participation, please contact BroadwayWorld at email@example.com.
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