The following describes the terms under which you may access and use DVDeBook website located at DVDeBook.com as well as use any information posted on the DVDeBook Website. By accessing the website, you are agreeing to be bound by the terms of this Agreement. If you do not agree with the terms and conditions set out in this Agreement you may not access or use the DVDeBook Website or any information contained on the DVDeBook Website.
LIMITTION OF LIABILITIES
The Site and products are provided on an "AS IS," "as available" basis. DVDeBook do not warrant that use of the Site or products will be uninterrupted or error-free. DVDeBook do not warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, DVDeBook make no representation that Content provided on the Site is applicable or appropriate for use. DVDeBook specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by DVDeBook shall create a warranty. You expressly agree that the use of the Site and products is at your sole risk.
Under no circumstances shall DVDeBook be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site or products, including but not limited to reliance by a user on any information obtained at the Site or the product, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to DVDeBook records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of DVDeBook has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
Risk of loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
By visiting the Site, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and DVDeBook
Links to websites outside of the DVDeBook Website are provided as a convenience only and are not part of the DVDeBook Website. No endorsement of any third party products or services, information, material or content referred to or included on, or linked from the DVDeBook Website is expressed or implied.
All trademarks are the property of their respective owners. The content, text, graphics and software located on or at the DVDeBook Website are Copyright © 2003 DVDeBook LLC. Certain words, phrases, names, designs or logos used on the DVDeBook Website may constitute trademarks, service marks, copyrights or trade names of DVDeBook or other entities. You may not use any such trademarks, service marks, copyrights or trade names in any manner whatsoever.
Intellectual Property Infringement
DVDeBook relies upon a network of independent Associates and vendors who supply some of the goods and content for the site and the products. DVDeBook is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by its Associates. If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy that repeat infringers will have their access to the Site terminated. In order for us to investigate your claim of infringement, you must provide us with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Site;
4. Your name, address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to DVDeBook's agent for notice of claims of copyright or other intellectual property infringement, who can be reached through Contact page
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Austin, Texas, except that, to the extent you have in any manner violated or threatened to violate DVDeBook's intellectual property rights, DVDeBook may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
DVDeBook makes no representation that access to the DVDeBook Website or that the information contained thereon is appropriate or legal in all jurisdictions. You may not access the DVDeBook Website or use any information in those jurisdictions where it would be illegal. In any case, your access to the website is entirely at your own initiative and you are responsible for ensuring that all laws are complied with.
All references herein to DVDeBook shall be deemed to include any subsidiary, affiliate, associate, designees, LLC or Corporation and their officers, directors, employees, agents, and service providers.