|
Terms &
Conditions:
PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS
YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF
YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
PLEASE ALSO READ OUR PRIVACY POLICY WHICH ALSO GOVERNS YOUR USE OF THIS
WEB SITE.
• Products, Content and Specifications. All
features, content, specifications, products and prices of products and
services described or depicted on this Web Site are subject to change at
any time without notice. All weights, measures and similar descriptions
are approximate and are provided for convenience purposes only. We make
all reasonable efforts to accurately display the attributes of our
products, including the applicable colors; however, the actual color you
see will depend on your computer system and we cannot guarantee that your
computer will accurately display such colors. The inclusion of any
products or services in this Web Site at a particular time does not imply
or warrant that these products or services will be available at any time.
It is your responsibility to ascertain and obey all applicable local,
state, federal and international laws (including minimum age requirements)
in regard to the possession, use and sale of any item purchased from this
Web Site. By placing an order, you represent that the products ordered
will be used only in a lawful manner. All videocassettes, DVDs and similar
products sold are for private, home use (where no admission fee is
charged), and may not be publicly performed or displayed, and may not be
duplicated.
• Shipping Limitations. When an order is placed, it
will be shipping to an address designated by the purchaser as long as that
shipping address is compliant with the shipping restrictions contained on
this Web Site. All purchases from this Web Site are made pursuant to a
shipment contract. As a result, risk of loss and title for items purchased
from this Web Site pass to you upon delivery of the items to the carrier.
You are responsible for filing any claims with carriers for damaged and/or
lost shipments.
• Accuracy of Information. We attempt to ensure
that information on this Web Site is complete, accurate and current.
Despite our efforts, the information on this Web Site may occasionally be
inaccurate, incomplete or out of date. We make no representation as to the
completeness, accuracy or currentness of any information on this Web Site.
For example, products included on the Web Site may be unavailable, may
have different attributes than those listed, or may actually carry a
different price than that stated on the Web Site. In addition, we may make
changes in information about price and availability without notice. While
it is our practice to confirm orders by email, the receipt of an email
order confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product or service. We reserve the
right, without prior notice, to limit the order quantity on any product or
service and/or to refuse service to any customer. We also may require
verification of information prior to the acceptance and/or shipment of any
order.
• Use of this Web Site. The Web Site design and all text,
graphics, information, designs, logos, content, and other material
displayed on or that can be downloaded from this Web Site are either the
property of, or used with permission by, Vivix 659 Inc. and are
protected by U.S. and International copyright, trademark and other laws
and may not be used except as permitted in these Terms and Conditions or
with the prior written permission of the owner of such material. You may
not modify the information or materials located on this Web Site in any
way or reproduce or publicly display, perform, or distribute or otherwise
use any such materials for any public or commercial purpose. All software
used on this site is the property of Vivix 659 and/or our
software suppliers and is protected by U.S. and International copyright
laws. Any unauthorized use of any such information or materials may
violate copyright laws, trademark laws, laws of privacy and publicity, and
other laws and regulations. You are responsible for maintaining the
confidentiality of your account information and password and for
restricting access to such information and to your computer. You agree to
accept responsibility for all activities that occur under your account or
password.
• Electronic Communications. When you visit this site or
send emails to us, you are communicating with us electronically. You
consent to receive communications from us electronically. We will
communicate with you by email or by posting notices on this Site. You
agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that
such communications be in writing. You agree that we may send email to you
for the purpose of advising you of changes or additions to this site,
about any of our products or services, or for such other purposes as we
deem appropriate.
• International Access. This Site may be accessed
from countries other than the United States. This Site may contain
products or references to products that are not available outside of the
United States. Any such references do not imply that such products will be
made available outside the United States. If you access and use this Site
outside the United States you are responsible for complying with your
local laws and regulations.
• Trademarks. Certain trademarks, trade
names, service marks and logos used or displayed on this Web Site are
registered and unregistered trademarks, trade names and service marks in
the U.S. and other countries of us and our affiliates. Other trademarks,
trade names and service marks used or displayed on this Web Site are the
registered and unregistered trademarks, trade names and service marks of
their respective owners. Nothing contained on this Web Site grants or
should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any trademarks, trade names, service marks or
logos displayed on this Web Site without our written permission or the
written permission of such third party owner.
• Linking to this
Web Site. Creating or maintaining any link from another Web site to any
page on this Web Site without our prior written permission is prohibited.
Running or displaying this Web Site or any material displayed on this Web
Site in frames or through similar means on another Web site without our
prior written permission is prohibited. Any permitted links to this Web
Site must comply with the terms and conditions of our permission as well
as all applicable laws, rule and regulations.
• Third Party Links.
From time to time, this Web Site may contain links to Web sites that are
not owned, operated or controlled by us or our affiliates. All such links
are provided solely as a convenience to you. If you use these links, you
will leave this Web Site. Neither we nor any of our affiliates are
responsible for any content, materials or other information located on or
accessible from any other Web site. Neither we nor any of our affiliates
endorse, guarantee, or make any representations or warranties regarding
any other Web site, or any content, materials or other information located
or accessible from such Web sites, or the results that you may obtain from
using such Web sites. If you decide to access any other Web site linked to
or from this Web Site, you do so entirely at your own risk.
•
Inappropriate Material. You are prohibited from posting or transmitting
any unlawful, threatening, defamatory, libelous, obscene, pornographic or
profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense or give rise to civil
liability, or otherwise violate any law. In addition to any remedies that
we may have at law or in equity, if we reasonably determine that you have
violated or are likely to violate the foregoing prohibitions, we may take
any action we reasonably deem necessary to cure or prevent the violation,
including without limitation, the immediate removal from this Web Site of
the related materials. We will fully cooperate with any law enforcement
authorities or court order or subpoena requesting or directing us to
disclose the identity of anyone posting such materials.
• User
Information. Other than personally identifiable information, which is
subject to this Web Site's Privacy Policy, any material, information,
suggestions, ideas, concepts, know-how, techniques, questions, comments or
other communication you transmit or post to this Web Site in any manner
("User Communications") is and will be considered non-confidential and
non-proprietary. We, each of our affiliates and/or our designees may use
any or all User Communications for any purpose whatsoever, including,
without limitation, reproduction, transmission, disclosure, publication,
broadcast, development, manufacturing and/or marketing in any manner
whatsoever for any or all commercial or non-commercial purposes, without
payment of any consideration to you. We may, but are not obligated to,
monitor or review any User Communications. We shall have no obligation to
use, return, review, or respond to any User Communications. We will have
no liability related to the content of any such User Communications,
whether or not arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. We retain the right to remove any or all User
Communications that includes any material we deem inappropriate or
unacceptable.
• Warranty Information. Some items on our website
have a manufacturer's warranty, which is noted in the product
description. Manufacturer's warranties are provided by the manufacturer
of the product and not by Vivix 659 Inc.. The manufacturer is responsible
for all warranty coverage, repair, servicing and defects. To obtain a
written warranty for any of these items, send a specific written request
to our Customer Service Department.
• DISCLAIMERS. YOUR USE OF THIS
WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN
CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES
OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER
WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE
MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND
SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE
NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO
UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO
YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB
SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH
RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH
THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY
EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT
ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION,
IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN
THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE
FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
• LIMITATIONS OF LIABILITY. We assume no
responsibility, and shall not be liable for, any damages to, or viruses
that may infect, your computer, telecommunication equipment, or other
property caused by or arising from your access to, use of, or browsing
this Web Site or your downloading of any materials, from this Web Site.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS,
SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE
CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY
PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO
USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS
WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR
ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY
CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE
PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF
ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH
SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY,
OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE
WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
•
Revisions to these Terms and Conditions. We may revise these Terms and
Conditions at any time and from time to time by updating this posting. You
should visit this page from time to time to review the then current Terms
and Conditions because they are binding on you. Certain provisions of
these Terms and Conditions may be superseded by expressly designated legal
notices or terms located on particular pages at this Web Site.
•
Choice of Law; Jurisdiction. These Terms and Conditions supersede any
other agreement between you and us to the extent necessary to resolve any
inconsistency or ambiguity between them. These Terms and Conditions will
be governed by and construed in accordance with the State and Federal laws
of the State of California, without giving effect to any principles of
conflicts of laws. A printed version of these Terms and Conditions shall
be admissible in judicial and administrative proceedings based upon or
relating to these Terms and Conditions to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form.
• Indemnification. You
agree to defend, indemnify and hold Vivix 659 Inc. harmless from and
against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the
Site.
• Termination. You or we may suspend or terminate your
account or your use of this Web Site at any time, for any reason or for no
reason. You are personally liable for any orders that you place or charges
that you incur prior to termination. We reserve the right to change,
suspend, or discontinue all or any aspect of this Web Site at any time
without notice.
• Additional Assistance. If you do not understand
any of the foregoing Terms and Conditions or if you have any questions or
comments, we invite you to call our Customer
Service Department.
|