Terms of use

Definitions

Rights in materials

Between you and us, we are the one who enjoys the ownership of all content including but not limited to audio files, photographs, illustrations, graphics, other visual files, video, copies, software, code, data and materials.  These materials are under the protection of intellectual property and proprietary rights. When you use or download related files mentioned above, you do not acquire any ownership of them, but you are allowed to use them for personal, non-commercial purpose. Only on the condition that you get our prior written permission, you are allowed to use them for commercial purpose. Otherwise, your unapproved operation and behavior shall be regarded as infringement or violation our copyright and intellcetual property rights, and accordingly, we will defend our legal rights and interests, even seek criminal prosecution when necessary. 

Trademarks

The trademarks, logos, service marks and trade names (collectively referred as "Trademarks") displayed on our website and other channels belong to BRoadout and its shareholders, and they shall not be used in circumstances that may cause confusion of our customers, or may discredits BRoadout and its shareholders. You should not use any Trademark displayed on the Properties without our prior written permission. Otherwise, we will enforce our Trademark rights to the fullest extent of the law, even seek criminal prosecution when necessary. 

User Information

When you use the Properties, you may be required to provide certain personal information for us ("User Information"). Our information collection and use policies with respect to such user information are set forth in our Privacy Policy. You are solely responsible for the accuracy and content of your User Information.

Use of the Properties

You are responsible for your use of the Properties and for any use of Properties made using your account.

Our goal is to create a positive and safe experience when you and others use the Properties. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Properties, you may not:

violate any law or regulation; violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights; transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable or inappropriate; make statements or post materials that are false or misleading; send unsolicited or unauthorized advertising or commercial communications, such as spam; transmit any malicious or unsolicited software; stalk, harass, or harm another individual; impersonate or misrepresent your affiliation with someone else; use any means to "scrape," "crawl," or "spider" any web pages contained in Properties (although we may allow operators of public search engines to use spiders to index materials from Properties for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and we reserve the right to revoke these exceptions either generally or in specific cases); use automated methods to send more requests to us servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or interfere with or disrupt the Properties.

Termination

We may change, suspend or discontinue any aspect of the Properties or the Properties’ services at any time. If you violate any of the Agreement, your permission to use the Properties automatically terminates.

Changes to terms of use

We may, at our sole discretion, change, add to or remove any portion of these Terms of Use at any time. Changes in the Agreement will be effective when posted on the Properties. Your continued use of the Properties and/or the services offered on or through the Properties after any changes to these Terms of Use are posted will be considered acceptance of those changes.

User generated content

Between you and us, you fully own and are entirely responsible for all data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit or otherwise make available on or through any Properties (collectively referred to as"UGC"). All UGC is and will be considered non-confidential and non-proprietary content. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of UGC, including but not limited to the right to be attributed as the author of the UGC and the right not to have the UGC edited or changed in a way you disagree with.

Utilizing user generated content

You grant us and our affiliates, representatives and assigns the right to use any or all of your User Content, anywhere in the world for an unlimited period of time, in connection with the Properties for any commercial or non-commercial purposes.  We may exercise these rights without notice to you and without paying any compensation to you.  We may modify your UGC at our discretion.  We are not required to host, display, or distribute your UGC and we may remove or edit it at any time.

User promises 

You promise that: (a) you own or have acquired all of the rights in your UGC (including but not limited to, all rights to the audio files, video, or digital recordings and the performance contained in your UGC) necessary for you to grant to us the usage rights in your UGC as described in the Agreement; (b) you have paid and will pay in full any financial obligations, of any kind, arising from any use of yourUGC; (c) you are the individual pictured or heard in your UGC, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age in their territory where they can legally grant such permission themselves) who appears or is heard in your User Content to enable you to grant the rights to us described in these Terms of Use; (d) you will make such permissions available to us upon request; (e) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (f) your UGC complies with this Terms of Use.

You agree to keep all records necessary to establish that your UGC does not violate any of the foregoing promises and to make such records available to us upon our request.

Feedback

If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("Feedback"), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.

Monitoring and managing UGC 

We may, but are not required to, monitor and review your UGC.

We do not endorse or control the UGC transmitted or posted on the Properties and therefore, we are not responsible for it. We do not guarantee the accuracy, integrity, or quality of UGC and the latter may not necessarily reflect our views.

You understand that by using the Properties, you may be exposed to UGCs that are offensive, indecent or objectionable to you. We will not be liable to you in any way for any UGC, for example, for any errors or omissions in any UGC, or for any loss or damage of any kind experienced by you if you use or rely on any UGC made available via the Properties.

Digital millennium copyright act

We respect the intellectual property rights of others. Upon proper notice, we will remove UGC or other applicable content that violates copyright law and terminate the accounts of repeat infringers. In the US, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent (listed below) a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Properties;

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

(f) your physical or electronic signature.

Please send all of the information listed above to the following copyright agent:

Our Legal Department Email Address: [email protected].

Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.

Indemnification

You will fully compensate us and our directors, officers, members, managers, employees, and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs, and expenses, including reasonable legal fees costs, arising from your use of the Properties or your breach or violation of law or these Terms of Use.

We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.

Orders for products and services

We may make certain products available for sale to visitors and registrants of the Properties.

You may only order products if you are 18 years old or older.  If you place an order, you promise that you are 18 years old or older. 

You agree to pay at full the prices for any purchases at the time of your online order by using any payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

You agree that you are not permitted to resell any products purchased through or via any of the Properties for commercial purposes.

Product information

We have made every effort to display our products and their colors as accurately as possible. However, the displayed colors of the products will depend upon the technical specifications and settings of the computer and monitor of the user, and we do not guarantee that the actual colors of the products will be accurately displayed on the user’s monitor. Products displayed may be out-of-stock, discontinued or otherwise unavailable, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.

Returns of products

You may cancel your order and/or return the products you purchased from the Site in accordance with our Returns/Exchanges policy, which is incorporated herein by reference for all purposes. A copy of our Returns/Exchanges policy is available on the Site.

Linking; Third party websites

If you include a link from any other website to the Site or to any of the Properties, such link shall open in a new browser window. You agree not to link from any other website to www.dkny.com or to any of the Properties in any way that "frames" any of our content or that surrounds or obscures any portion of the Properties with any other content, materials or branding. We may revoke your right to link to the Properties from your website at any time upon written notice to you.

You may be able to access or use the Properties from a third-party website, Internet resource, or software application ("Linked Sites"). You may also be able to access and use a linked site from a link available on the properties. We have no responsibility for linked sites. The inclusion of any link to such linked sites on any of the properties does not imply our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. We do not promise that the contents of any linked site are accurate, compliant with local, state or federal law, including any intellectual property laws. You should bear the risk, responsibilities and consequences if you choose to visit the linked site. 

Disclaimer

The Properties are provided "as is" and "as available", without warranty or conditions of any kind, either express or implied and all such warranties and conditions are disclaimed to the maximum extent permitted by applicable law.

We make no warranties or conditions whatsoever regarding the Properties, including but not limited tp warranties regarding: information and content available on the Properties; Uptime or uninterrupted access to the Properties; Title; Non-infringement; Merchantability or fitness for a particular purpose.

We do not warrant that the Properties or the services, content, functions, or materials contained therein will be timely, secure, uninterrupted, or error-free, or that defects will be corrected.

Using the internet may expose you to certain risks. We are not responsible for any viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the properties or from downloading any materials, data, text, images, video or audio files from the Properties.

We try to ensure that the information poseted on te Properties is correct and up-to-date, but it may bot be. We may change any of the information provided on the properties at any time and without any prior warning. We will not be liable for any inaccuracy or omission concerning any of the information provided on the properties.

The foregoing exclusions of express and implied warranties do not apply to the extent prohibited by local laws. Please refer to your local laws for any such prohibitions.

Limitation of liability

To the maximum extent permitted under applicable laws, neither we nor our affiliates, nor any of their directors, officers, employees, agents, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to the Properties, even if advised of the possibility of such damages.

To the maximum extent permitted under applicable laws, in no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to negligence or otherwise) arising from the terms ot use of your use of the Properties exceed the amount, if any, paid bu you to us for your use of the properties or purchase of products via the Properties.

Some jurisdictions do not allow the exclusion or limitation of damages so some of the above limitations may not apply to certain users.

When completing your purchase, a billing statement including ‘broadout.com’ and the code such as 'HK’,'US’, etc. would be displayed on the payment page and/or your card statement.

All purchases will be processed by our respective entity in the corresponding country as indicated by the country code in the billing statement and are governed by the law of China.