Terms of Service By Night Studios Shop
Using this website means you accept this agreement. If you do not agree with its terms, do not use this website.
All visitors (user, you, your) to the BNS website at https://www.bynightshop.com/ or affiliated websites (this site) (the website) are entering a binding legal agreement on the following terms (the agreement) when using the website. The agreement is between the user and either or both of BNS Ltd or BNS Inc. or BNS Europe (BNS, we, us, our refer to either BNS Ltd or BNS Inc. or BNS Europe as the context requires) and use of this website indicates continued acceptance of this agreement.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.
Amendment to this agreement
We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with BNS or by displaying information about the changes on our home page, or both. Either way, your continuing use of the website will be taken to be acceptance of the new terms.
BNS provides a range of services (the BNS service) which, amongst other things, include selling and distributing physical art and merchandise.
You can become a registered member (member) of the website by setting up a password protected account. You will be required to select a username and password when registering to become a member. You must become a member before placing any content on the website, including writing any comments in forums or reviews. In its sole discretion, BNS may refuse any user name that it decides is inappropriate and / or refuse any person from becoming a member.
You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.
You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.
Purchasing a Product on BNS
Users can purchase products on the BNS website using a valid credit card or the PayPal system.
You do not have to be a member to purchase a product.
The price you pay is fixed at the time of ordering.
You may not cancel an order once it has been submitted.
It is the customer's responsibility to ensure the product delivery address is correct. BNS takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
Delivery will be facilitated pursuant to the customer's instructions by postal or courier service and will be paid for by the customer at the price indicated at the time of purchase. BNS will charge shipping charges to the customer which will vary depending upon the size and price of the product.
Damaged Goods: If a product is delivered to a customer, whether in electronic or printed format, that is electronically or physically damaged in some way (for example, a file does not download, a framed print has cracked, or there are loose or torn pages in a book) BNS will happily contact the manufacturer or seller to issue a replacement copy of the product after receiving reasonable proof of that damage.
If you receive a damaged product, then you must email BNS customer service within 14 days of receipt to tell us about the nature of the damage and to arrange for a new product to be sent to you at no cost to you. We may require you to return the product as a condition to arranging for a new product or other remedy. You will bear the direct cost of returning the product. In addition to the damaged goods policy described above, BNS may in its discretion offer other remedies for customers who wish to return products. Any such remedies will be published in the Help Centre section of the BNS website.
You must ensure that your access to this website and the BNS service is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this website and the BNS service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the BNS service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the BNS service, or any transmissions by others in contravention of the registered members' obligations as set out in this agreement.
You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.
All intellectual property rights in this website and the BNS service (including the software and systems underlying the BNS service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trade Mark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:
use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or commercialize any information, products or services obtained from any part of this website, without our written permission.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).
Linked websites: This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
We do not represent or guarantee that the BNS service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the BNS service or these websites will be uninterrupted.
You acknowledge that the BNS service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another persons software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following, which we may offer as a gesture of goodwill:
if the breach relates to goods:
the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
if the breach relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:
your breach of any clause of this agreement;
any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
your activities in connection with the website.
This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
Security of information
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
This User Agreement and all disputes relating to this User Agreement, or relating to your use of any part of the BNS service, will be exclusively resolved under confidential binding arbitration held in San Francisco, California. All disputes will be resolved in accordance with the Rules of JAMS, applying California law, without regard to conflicts of law principles.
You and BNS agree to submit to the personal and exclusive jurisdiction of the Federal and Florida State courts in Broward-Dade County for purposes of enforcing any arbitration award. Notwithstanding the foregoing, BNS may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and BNS agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and BNS agree that any cause of action arising out of or related to the BNS site (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
If you have a dispute with one or more users or sellers, you release BNS (and BNS's officers, directors, agents, subsidiaries, joint ventures and employees) from claims demands and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
This service may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.
Limitation of liability: In no case will BNS be liable for any consequential loss or damage suffered by you arising from this Services Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
BNS may give notice of termination of this Services Agreement to you in writing at any time.
June 13, 2019