Terms of service

TERMS OF SERVICE

Last updated: February 2, 2026

1. Acknowledgement and Acceptance

These Terms of Service (“Terms”) define your rights and our rights in relation to the use of the Services (as defined below) provided by Broadtime.com LLC (dba Shoptime Music & Media) (“Shoptime Music & Media”, “we”, “us” or “our”) and our Affiliates (as defined below) through the website at https://shoptime.biz/ (the “Website”). Shoptime Music & Media and you (“your”, “user(s)”, “Merchant(s)” or “Customer(s)”) may be referred to herein collectively as the “Parties” or individually as a “Party.”

By accessing or using the Services or any part thereof, you and your Affiliates agree to be bound by, and access the Services in accordance with, these Terms and all terms, guidelines and policies incorporated by reference in these Terms or published on the Shoptime Music & Media website (collectively, the “Agreement”). This Agreement may be revised or modified, in part or whole, at any time by posting the amended versions on the Website. You are responsible to check the Website for any changes. The amended Agreement shall be effective as of the time they are posted (“Effective Date”), but will not apply retroactively. Your continued use of the Services after the posting of the amended Agreement constitutes your acceptance of the amendments.

If you do not agree to this Agreement, or any revisions or modifications of this Agreement, you may not use, access, or submit information to the Services, and shall terminate your use of the Services. If you are under the age of 18 years old, or the age of legal majority in your jurisdiction of residence, you may not use, access or submit information to the Services, including creating an account.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND Shoptime Music & Media WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-⁠WIDE ARBITRATION.

2. Definitions

"Affiliate" of a Party means any individual, group or entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such Party. For purposes of this definition, the “control” of an entity means the direct or indirect ownership or control of more than 50% of the voting interests of such entity.

"Confidential Information" means all confidential and proprietary information of a Party (“Disclosing Party”) disclosed to the other Party (“Receiving Party”), whether orally or in writing, that is either marked or designated as confidential at the time of disclosure to the Receiving Party, or that a reasonable person should consider confidential or proprietary given the nature of the information and the circumstances under which it is disclosed. Shoptime Music & Media Confidential Information shall also include the Shoptime Music & Media Property, and the Services, their “look and feel,” any and all related or underlying technology and any modifications or derivative works of the foregoing, including any performance information relating to the Services (“Shoptime Music & Media Confidential Information”). Notwithstanding the foregoing, Confidential Information shall not include any information that the Receiving Party can show: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party; (iii) was independently developed by the Receiving Party without reference to any Confidential Information of the Disclosing Party (excluding patentable subject matter which is not subject to this exclusion); or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.

"Customers" means natural or corporate persons using the Website to purchase Products.

"Merchants" means independent record stores (and their Affiliates) who list Products for sale on the Website.

"Product(s)" means brand new, factory sealed vinyl records.

"Shoptime Music & Media Property" means any intellectual property owned by Shoptime Music & Media or its Affiliates, including all patent, copyright, trade secret, trademark, or other intellectual property rights embodied in or related to the same.

"Services" means the online services, website, software services and platform provided on or in connection with the service provided by Shoptime Music & Media, including (i) the web and other user interfaces provided to users; and (ii) any modifications, updates, derivative works, optional modules, custom or standard enhancements, updates, and upgrades to or of any of the foregoing, wherein you may browse the Products listed by Merchants on the Shoptime Music & Media website, create an account, list your Products for sale and/or purchase Products.

"Third-Party Service" means any software, software-as-a-service, data sources, content, websites or other products or services not provided by Shoptime Music & Media that form a part of, are integrated with the Services.

"User Property" means any content (including text, images, illustrations, charts, tables and other materials) supplied by a Customer or Merchant (each a “user”) to Shoptime Music & Media, either directly through the Service or indirectly through the integration with a Third Party Product.

3. Services

Subject to your compliance with the Agreement MRKT hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services solely for your own internal and/or personal use, and only in a manner that complies with all legal requirements that apply to you or your use of the Services, including the Shoptime Music & Media Privacy Policy. If you are a Customer, this license does not include any resale, commercial use, or derivative use of the Services, including its contents, data, product listings, descriptions, prices or account information, for the benefit of a third party. Commercial use of the Website is limited to Merchants who establish a valid seller account. All rights not expressly granted to you in these Terms are reserved and retained by Shoptime Music & Media or its Affiliates. Shoptime Music & Media may revoke this license at any time, in its sole discretion.

Your use of the Service is subject to all applicable U.S and international laws and regulations.

4. Creating and Maintaining an Account

In order to purchase and/or sell a Product using our Services, you are required to create an account.

If you create an account, you agree to (i) provide accurate, current and complete information as may be prompted by account setup forms on the Services; (ii) keep accurate, current, complete and promptly update account information and any other information you provide to Shoptime Music & Media; (iii) maintain the security and confidentiality of your password, account information, and restrict access to your account; and (iv) accept responsibility for all activities that occur under your account and/or password, and for all charges related to your Shoptime Music & Media account, no matter if such activity or charges were done or incurred by you personally.

You agree to notify us immediately at support@broadtime.com if you suspect or become aware of any unauthorized use of or access to your account, or any other security breach. You understand and agree that we may require you to (i) provide information that may be used to confirm your identity and help ensure the security of your account, and/or (ii) take steps to assist, resolve, reduce, manage or report any unauthorized use of, access to your account or any other security breach. You acknowledge that we may review your account activity if (i) you report unauthorized use or access to your account; or (ii) we receive any complaint from other users regarding your account.

5. Data Privacy

  1. Privacy. You understand that we collect certain data and information about you in connection with your use of the Services and otherwise in connection with these Terms. We collect and use all such data and information in accordance with our Privacy Policy, available at https://shoptime.biz. We are always striving to improve the Services. In order to do so, we use analytics techniques to better understand how our Services are being used. For more information on these techniques and the type of data collected, please read our Privacy Policy.
  2. Subpoenas. Nothing in these Terms prevents us from disclosing your data to the extent required by law, subpoenas or court orders, but we will use commercially reasonable efforts to notify you when permitted to do so. Shoptime Music & Media strives to balance your privacy rights with other legal requirements.

6. Orders and Returns

  1. Orders. You agree to provide accurate shipping information. You acknowledge and understand that Products are sold as is and all sales are final. You are required to make the full payment, including any applicable taxes and the shipping and handling fees, in order to place and process the order. Orders cannot be modified or combined once placed. Shoptime Music & Media does not press the Products and cannot accept any returns. Shoptime Music & Media and/or the Merchant(s) may, at their sole discretion, refuse or cancel any order and/or place a limit on the quantity of any Product that you can order through the Services.
  2. Delivery. You may opt for in-store pickup or select the delivery method when placing the order. Products are currently shipped within the U.S. only. You are responsible for the payment of the shipping and handling fees. You understand that if a Product is sold out, there may be a time lag in removing the Product from or listing the Product as ‘sold out’ on the Shoptime Music & Media website, and in such an event the order may be canceled by the Merchant or there may be a delay in the delivery of the Product, of which you shall be notified by the Merchant. Shoptime Music & Media shall not be responsible for any delays in delivery caused by Force Majeure, the Merchant, the carrier or any other third parties.
  3. Returns and Refunds. Shoptime Music & Media does not process returns or refunds. In the event that the Product was delivered in damaged condition, the Customer must message the Merchant directly on the Shoptime Music & Media website via the “in-site messenger” on the Merchant profile within two (2) days of receipt of delivery. It is the Merchant’s sole discretion, in accordance with the Merchant’s return policy, whether and how returns and refunds will take place. Refer to the Merchant’s store policy on returns and refunds as provided on the Merchant’s profile on the RSD Website or in the order receipt/confirmation provided by the Merchant by email. If the Merchant approves the return on an order, you may be responsible for the payment of the shipping and handling fees related to the returns.

7. Fees, Charges and other Payments

You agree to pay all fees and charges applicable to your use of the Services as such are set forth within the Services as updated from time to time.

We partner with Stripe, Inc. (“Stripe”) to process and manage payments. By using our Services you agree to provide Stripe accurate, current, complete and authorized information about yourself and your business, and your credit, debit or other payment card data. By providing Stripe with your payment information, you agree that Shoptime Music & Media is authorized to immediately and automatically charge you for all fees and charges due and payable to Shoptime Music & Media and/or Merchants hereunder and that no additional notice or consent is required. This foregoing permission shall be irrevocable while there are any outstanding amounts you owe to us. You agree to immediately update your payment details in Stripe if there is any change in your billing address or the credit card used for payment hereunder. Stripe has its own terms and conditions; please review those before using Stripe to access or use the Services.

All financial transactions between users are the sole responsibility of users. Shoptime Music & Media will not be held liable for any issues concerning payment between users. Refunds are at the Merchant’s sole discretion and must be processed by that Merchant in accordance with their policies and in compliance with applicable laws and regulations. Issues concerning payment disputes and refunds must be handled among users and the selected payment providers.

We reserve the right to suspend or remove your account and the Services provided to you for any reason, including if any fees or charges remain unpaid (see Section 15). All payments are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments, and you agree to bear and be responsible for the payment of all such charges, excluding taxes based upon Shoptime Music & Media’s net income. We reserve the right to change the fees and other charges from time to time, by notifying you via email or through the Services.

8. Fees, Charges and other Payments

The Services may depend upon, interact with, support integrations with or enable access to Third-Party Services, which may in each case be accompanied by separate terms of use. In order for the Services to communicate with, access or receive relevant information from such Third-Party Services, you may be required to input information and login credentials. By enabling use of the Services requiring Third-Party Services, you authorize Shoptime Music & Media to access your accounts with such Third-Party Services for the purposes described in these Terms. You are solely responsible for reviewing and complying with any relevant terms and conditions of the Third-Party Services and maintaining appropriate accounts in good standing with the providers of the Third-Party Services. YOU ACKNOWLEDGE AND AGREE THAT Shoptime Music & Media HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY SERVICES OR ANY USER DATA EXPORTED TO OR BY A THIRD-PARTY SERVICE.

Shoptime Music & Media does not guarantee that the Services will maintain integrations with any Third-Party Services and Shoptime Music & Media may disable or deactivate integrations of the Services with any Third-Party Services at any time for any reason. If Shoptime Music & Media’s deactivation of an integration will materially impact the Services provided, Shoptime Music & Media will notify users of such deactivation. For clarity, these Terms govern users’ use of and access to the Services, even if accessed through an integration with a Third-Party Services. WE DO NOT ENDORSE, AND HEREBY DISCLAIM ALL LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON ARISING OUT OF YOUR USE OF ANY THIRD-PARTY SERVICE. You hereby release and forever discharge Shoptime Music & Media and its Affiliates (including but not limited to our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users or any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, 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.”

9. Restrictions

  1. Acceptable Use. You agree to comply with all U.S. and applicable international laws, regulations, policies and procedures. You must comply with the following rules regarding acceptable use of the Services. You may not:
    • access, tamper with, or use non-public areas of the Services, Shoptime Music & Media’s computer systems, or the technical delivery systems of Shoptime Music & Media’s providers;
    • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
    • access or search the Services by any means other than by using the interfaces provided for your authorized use by Shoptime Music & Media (for example, “scraping”);
    • attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
    • interfere with or disrupt the use, access or enjoyment of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
  2. Misuse of the Services. You may not utilize the Services to carry out, promote or support:
    • any unlawful, fraudulent and/or libelous activities;
    • the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
    • the publishing, posting or storing of other people’s or entities’ private information, private or personal information without their express authorization and permission;
    • the sending of unsolicited communications, promotions, advertisements, chain letters or spam;
    • the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer;
    • any renting, leasing, distributing, sublicensing, or otherwise providing access to the Services to a third party; or the use the Services for competitive analysis or to build competitive products.
  3. User Property Standards within the Services. You may not store, manage or post any User Property on the Services that:
    • violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
    • is deceptive, fraudulent, illegal, which, if we become aware of, we will remove and report to law enforcement;
    • contains viruses, bots, worms, or similar harmful materials; or
    • contains any information that you do not have a right to make access or use under law or any contractual or fiduciary duty.
  4. Violations of this Section. In addition to any other remedies that may be available to us, Shoptime Music & Media reserves the right, but is not obligated to, take any remedial action it deems necessary, including immediately suspending or removing your account or your access to the Services, upon notice and without liability on Shoptime Music & Media, should you fail to abide by the rules in this Section or if, in Shoptime Music & Media’s sole discretion, such action is necessary to prevent harm to yourself or others or disruption of the Services for other users.

10. Intellectual Property Ownership

  1. User Property. As between user and Shoptime Music & Media, user retains all rights, title, and interest in and to the User Property, including all patent, copyright, trade secret, trademark or other intellectual property rights embodied in or related to the User Property. Except as expressly set out in this Agreement, no right, title, or license under any User Property is granted to Shoptime Music & Media or implied hereby, and for any User Property that is licensed to Shoptime Music & Media, no title or ownership rights are transferred to Shoptime Music & Media with such license.

    Merchant users hereby grant Shoptime Music & Media a limited, non-exclusive, non-transferable (except in connection with the permitted assignment of this Agreement), and royalty-free license to access and use the User Property made available to Shoptime Music & Media or any of its Affiliates, solely as necessary for Shoptime Music & Media to provide the Services to other users pursuant to this Agreement. Additionally, Merchant users grant Shoptime Music & Media a non-exclusive, revocable license to use user’s trademarks and logos to identify user as a Merchant on the Website and to use Merchant’s trademarks and logos in promotional demonstrations of the Services; provided that, user may revoke such consent at any time in its sole discretion.

  2. Shoptime Music & Media Property As between Shoptime Music & Media and user, Shoptime Music & Media retains all rights, title, and interest in and to the Shoptime Music & Media Property. Except as expressly set out in this Agreement, no rights, title, or license under any Shoptime Music & Media Property is granted to user or implied hereby, and for any Shoptime Music & Media Property that is licensed to user, no title or ownership rights are transferred to user with such license. The “RSD” trade name, trademark, and logos are the property of Record Store Day and are used with permission and under exclusive license to Shoptime Music & Media.

  3. Our Proprietary Rights.. The Services are owned and operated by Shoptime Music & Media and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials owned by Shoptime Music & Media and its partners and/or Affiliates, as well as other sources, and are protected by U.S. Copyright Laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Services are also protected as a collective work or compilation under U.S. Copyright Laws and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Shoptime Music & Media and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Shoptime Music & Media and such others. You agree to protect the proprietary rights of Shoptime Music & Media and all others having rights in the Services during and after the term of these Terms and to comply with all written requests made by Shoptime Music & Media or its Affiliates, suppliers and licensors (collectively “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify Shoptime Music & Media immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and Shoptime Music & Media, at all times be and remain the sole and exclusive property of Shoptime Music & Media. Any unauthorized use of any material contained on or through the Services may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO Shoptime Music & Media.

    Except as expressly authorized herein, you will (i) hold in confidence and not disclose any Shoptime Music & Media Confidential Information to third parties and (ii) not use Shoptime Music & Media Confidential Information for any purpose other than fulfilling your obligations and exercising your rights under these Terms.

11. Confidentiality

  1. Confidentiality. During the term of this Agreement and for a period of three (3) years thereafter, each Party agrees to protect the confidentiality of the Confidential Information of the other Party in the same manner that it protects the confidentiality of its own proprietary and confidential information of a like kind; provided that a Receiving Party may disclose Confidential Information of the Disclosing Party with Disclosing Party’s consent or to its Affiliates, officers, directors, employees, subcontractors, agents or prospective financing sources or acquirers who need to know such information in connection with this Agreement and who are bound by written agreements requiring the protection of such Confidential Information. This Section 11 shall supersede any non-disclosure agreement by and between user and Shoptime Music & Media entered prior to the Effective Date that would purport to address the confidentiality of Confidential Information and such agreement shall have no further force or effect with respect to either Party’s Confidential Information.
  2. Compelled Disclosure. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
  3. Return of Confidential Information. At any time upon the request of the Disclosing Party, the Receiving Party will destroy all Confidential Information of the Disclosing Party, including all copies thereof and notes and other materials incorporating such Confidential Information, whether in physical or electronic form; provided, however, (i) Shoptime Music & Media, as Receiving Party, shall not be required to delete any user Confidential Information that is licensed to Shoptime Music & Media pursuant to Section 10 so long as it is aggregated and de-identified so that it cannot identify the user; and (ii) the Receiving Party shall not be required to return or destroy electronic copies that are automatically stored in accordance with Receiving Party’s generally applicable backup policies and which are not reasonably accessible by the Receiving Party (“Backup Media”). All Backup Media shall remain subject to the confidentiality obligations set forth herein, so long as it remains undeleted.
  4. Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information in breach of this Section 11, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the Parties that any other available remedies are inadequate.

12. Warranties; Disclaimers

  1. Mutual Warranties. Each Party represents and warrants that it has the legal power and authority to enter into this Agreement.
  2. User Warranties. User warrants that it will not use the Services for unlawful purposes or in a manner that infringes or otherwise violates the rights of any third party.
  3. Disclaimers. ALL SERVICES ARE PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, Shoptime Music & Media AND OUR AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY THAT ARE NOT EXPRESSLY SET FORTH HEREIN. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES, SUPPORT OR BETA VERSIONS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS OR BREACH OF SECURITY. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES, SUPPORT AND BETA VERSIONS NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE AND FULL PROOF, THAT TRANSMISSION OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD-PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

13. LIMITATION OF LIABILITY

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Shoptime Music & Media OR ITS AFFILIATES BE LIABLE, , WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT Shoptime Music & Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
  2. NEITHER PARTY SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE OR INCONVENIENCE SUFFERED BY THE OTHER PARTY OR BY ANY THIRD PERSON, TO THE EXTENT THAT SUCH LOSS, DAMAGE, OR INCONVENIENCE IS CAUSED BY THE FAILURE OF THE OTHER PARTY TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT.
  3. LIABILITY CAP. Shoptime Music & Media’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO US UNDER THESE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
  4. California Resident Waiver. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “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 or her must have materially affected his or her settlement with the debtor.” This release includes the criminal acts of others.

14. INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD Shoptime Music & Media AND ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THE TERMS OR Shoptime Music & Media’S PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, STORING, POSTING, MANAGING OR TRANSMISSION OF USER CONTENT OR FEEDBACK TO THE SERVICES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY, WHETHER YOU ARE AN ACCOUNT HOLDER OR NOT. YOUR INDEMNITY OBLIGATIONS PURSUANT TO THIS SECTION SHALL INCLUDE PAYMENT BY YOU OF ALL REASONABLE TIME CHARGES AND EXPENSES INCURRED BY US IN CONNECTION WITH ANY SUBPOENA, DISCOVERY DEMAND OR OTHER DIRECTIVE HAVING THE FORCE OF LAW OR GOVERNMENTAL INQUIRY, SERVED UPON US OR A RELATED ENTITY THAT ARISES OUT OF ANY LITIGATION, PROCEEDINGS OR INVESTIGATIONS INVOLVING YOU AND OR YOUR BUSINESS OR INDUSTRY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF DISPUTES UNDER THIS SECTION, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

15. Account Suspension and Removal

Shoptime Music & Media may, in our sole discretion, immediately suspend, disable or delete your account or any part thereof, without notice, should your conduct fail to conform to the Agreement. Examples of such conduct include, but are not limited to: (i) violation, misuse or fraudulent use of the Services; (ii) nonpayment of any due payments such as fees or charges; (iii) entering falsified and/or fraudulent information, including a false identity or fraudulent Product listings; (iv) infringement of intellectual property laws or regulations; (v) creating a new account, under the same or new username or profile, where another account has been suspended, disabled or removed; or (vi) negotiating private sales of Products in order to circumvent the requirements for using the Services. You acknowledge that, in addition to suspending or deleting your account, Shoptime Music & Media may also report your activities to the authorities, where your activities are a breach of any applicable laws or regulations.

In the event your account has been suspended or removed, all licenses granted to you under this Agreement will immediately terminate and you shall cease all use of the Services, and we may restrict your access to the Services, deactivate your account and remove any or all of your information, files and User Content. You accept that Shoptime Music & Media shall not be liable to you or any third party for the removal or suspension of your account and/or access to the Service.

16. General Terms

  1. Relationship. This Agreement does not create a partnership, franchise, joint venture, affiliate, agency, fiduciary or employment relationship between the Parties.
  2. Entire Understanding. This Agreement constitutes the entire agreement between the Parties as to its subject matter and supersedes all prior proposals, marketing materials, negotiations, and other written or oral communications between the Parties with respect to the subject matter of this Agreement.
  3. Governing Law; Venue. This Agreement will be governed by and construed in accordance with the applicable laws of the Commonwealth of Virginia, without giving effect to its principles relating to conflicts of laws. In the event of any controversy, claim or dispute arising out of or relating to this Agreement or the breach thereof, and if the dispute cannot be resolved through direct good faith negotiations within a period of thirty (30) days, the Parties hereto agree to endeavor to first settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The Parties further agree that any unresolved controversy, claim or dispute arising out of or relating to this Agreement or the breach, enforcement, interpretation, or validity hereof or thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Richmond, Virginia. The arbitration shall be governed by the laws of the Commonwealth of Virginia. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred and twenty (120) days. Arbitrator(s) shall agree to these limits prior to accepting appointment. Notwithstanding the foregoing, if your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Shoptime Music & Media submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The arbitrator or a court of appropriate jurisdiction may issue a writ of execution to enforce the arbitrator’s judgment. Judgment may be entered upon such a decision in accordance with applicable law in any court having jurisdiction thereof. In any action or proceeding to enforce a party’s rights under these Terms, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.
  4. Injunctive Relief; Enforcement. Notwithstanding the provisions of Section 16, nothing in these Terms will prevent us from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
  5. Class Action Waiver. THE PARTIES HERETO AGREE THAT BY ENTERING INTO THIS AGREEMENT, EACH PARTY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION AGAINST THE OTHER IN A COURT OR IN ARBITRATION. THE PARTIES FURTHER AGREE THAT EACH MAY BRING DISPUTES AGAINST EACH OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Parties agree otherwise, arbitration claims may not be joined or consolidated in the arbitration proceeding. In no event shall the arbitrator have authority to preside over any form of representative or class proceeding or to issue any relief that applies to any person or entity other than users individually. If this Class Action Waiver Section is found to be invalid or unenforceable in whole or in part, then the entirety of this Section (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver.
  6. Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms without Shoptime Music & Media’s prior written consent. No assignment or delegation relieves you of any of your obligations under these Terms. Shoptime Music & Media may assign this Agreement in its entirety, together with all rights and obligations hereunder, without your consent, to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempt by a Party to assign its rights or obligations under this Agreement in breach of this Section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.

  7. Notices. You consent to receive all communications including notices, agreements, disclosures, updates or other information from Shoptime Music & Media electronically. Shoptime Music & Media may communicate by email or by posting to the Services. Any legal notices, may be sent to Shoptime Music & Media at:

    Shoptime Music & Media LLC

    500 N. Parham Rd

    Richmond, VA 23229

Nothing in these Terms or otherwise limits Shoptime Music & Media’s right to object to subpoenas, claims, or other demands.

  1. Force Majeure. Except for the performance of a payment obligation, neither Party shall be liable under this Agreement for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused or occasioned by, or due to fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, pandemics, epidemics, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond its reasonable control. In the event any of the foregoing events results in Shoptime Music & Media not being able to provide the Services for a period of more than thirty (30) days, then Shoptime Music & Media may cancel its Services, in whole or part, upon written notice to you.
  2. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
  3. No Waiver. No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of Shoptime Music & Media to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the Parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
  4. Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
  5. Statute of Limitations. Except in relation to privacy related claims or if you are a resident of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. Contact

For support-related inquiries, you may email us at support@broadtime.com. You may contact Merchants directly on the Shoptime Music & Media Website via the “in-site messenger” on the Merchant profile.