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| Terms and Conditions of Use |
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1. Acceptance of Terms
2. Intellectual Property
3. Your Conduct
4. Comments, Communications and Other Content
5. Links
6. Indemnification
7. Disclaimer of Warranties
8. Limitation of Liability
1. Acceptance of Terms
Welcome to Sirius DVD.
Sirius DVD provides its service to you, subject to the following Terms of
Service ("terms"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOS at
any time at: http://www.siriusdvd.com/info/terms.asp. The following terms govern the use of the SiriusDVD.com website ("Website"). Read these terms carefully before
You ("You") accept these Terms by: (a) placing an order through SiriusDVD.com, or (b) otherwise using the Website. If You do not agree with
all of these Terms, do not use this Website.
Sirius DVD L.L.C. ("Sirius DVD") is the owner and operator of SiriusDVD.com. The Terms are entered into by and between Sirius DVD and You. Any reference
herein to Sirius DVD shall be deemed to refer to Sirius DVD and/or SiriusDVD.com, as applicable under the circumstances. The products offered
for sale and other on-line resources accessible via SiriusDVD.com, are provided to You, subject to the Terms. Unless explicitly stated otherwise,
the Terms will govern Your use of any new features that augment or enhance the Website.
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2. Intellectual Property Rights
Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data,
software, music, sound, video, or other materials that are part of this Website (collectively, the "Content") are protected by copyrights,
trademarks, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed by
Sirius DVD or by third parties (the
"Third Party Providers") who have provided materials to Sirius DVD, and these rights are valid and protected in all forms, media and technologies,
existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and
Sirius DVD owns a
copyright in the selection, coordination, arrangement, and enhancement of such Content.
Except as set forth herein, none of the Content may be copied, reproduced, framed, modified, removed, sold, distributed, republished, downloaded,
displayed, posted, transmitted, or otherwise exploited, in whole or in part, in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior express written permission of
Sirius DVD or the Third Party Provider. No part of
this Website may be reproduced or retransmitted in any way, or by any means, without the express written permission of
Sirius DVD. You also may not,
without Sirius DVD's prior express written permission, "mirror" any of the Content contained on this Website on any other server.
Sirius DVD is committed to respecting others' intellectual property rights, and we ask our users to do the same.
Sirius DVD may, in its sole discretion,
terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights. If You believe that Your work
has been copied in a way that constitutes copyright infringement on our Website, please contact our copyright agent as described in our copyright
policy.
Nothing on this Website shall be construed as conferring any license under any of
Sirius DVD's or any Third Party Provider’s intellectual property
rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download Sirius DVD's Content on the Website for personal, non-commercial use only, provided You
do not modify the materials and that You retain all copyright notices, trademark legends, and other proprietary rights notices contained in the
materials. This permission terminates automatically if You breach any of these Terms. Upon termination, You must immediately destroy any downloaded
and printed materials.
The Content on this Website may be used only as a shopping resource. Any unauthorized use of any Content contained on this Website may violate
copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Sirius DVD has not independently authenticated content provided by Third Party Providers in whole or in part.
Sirius DVD does not provide, sell,
license, or lease any of the Content other than those specifically identified as being provided by
Sirius DVD.
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3. Your Conduct
You agree to use SiriusDVD.com only for lawful purposes. You are prohibited from posting on or transmitting through
SiriusDVD.com any Content that
violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the
extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy,
excessively violent, harassing, or otherwise deemed by Sirius DVD to be harmful or objectionable, or that intentionally or unintentionally violates
any applicable local, state, national or international law, or any regulations having the force of law.
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4. Comments, Communications and Other Content
All comments, communications, ideas, and other content disclosed, submitted or offered to
Sirius DVD on or by this Website or otherwise disclosed,
submitted or offered in connection with Your use of this Website (collectively, the "Comments") shall be and remain
Sirius DVD's property.
Such disclosure, submission or offer of any Comments shall constitute an assignment to
Sirius DVD of all worldwide rights, titles and interests in
all copyrights and other intellectual properties in the Comments. Thus,
Sirius DVD will own exclusively all such rights, titles and interests and shall
not be limited in any way in its use, commercial or otherwise, of any Comments.
Sirius DVD is and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments
submitted by You to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by You to the Website will be or contain libelous or otherwise unlawful, abusive or obscene
material. You are and shall remain solely responsible for the content of any Comments you make.
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5. Links
The Website may provide, or third parties may provide, links to other Internet sites or resources. Because
Sirius DVD has no control over such
sites and resources, You acknowledge and agree that Sirius DVD is not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or
resources. Sirius DVD will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
This Website may be linked to other websites that are not under the control of and are not maintained by
Sirius DVD. Sirius DVD is not responsible for
the content of those sites. Sirius DVD is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply
endorsement by Sirius DVD of those sites.
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6. Indemnification
You agree to indemnify and hold Sirius DVD, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the use of the Website.
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7. Disclaimer of Warranties
Your use of this website is at your sole risk. This website is
provided by Sirius DVD on an "as is" and "as available" basis. Unless
otherwise explicitly stated, the content on this website is provided "as
is", "with all faults", and is for commercial use only. Sirius DVD
disclaims all express or implied conditions, representations and warranties
of any kind, including any implied warranty or condition of merchant
ability, fitness for a particular purpose or non-infringement. Sirius
DVD makes no representations, warranties, conditions or guaranties as to the
quality, suitability, truth, accuracy or completeness of any of the content
contained on Sirius DVD's web sites. Sirius DVD may make available on
Sirius DVD's web sites content available for downloading that has been
submitted by third party users of Sirius DVD's web sites. Any
questions regarding the content should be directed to the providers of such
content. In no event will Sirius DVD or its suppliers be liable for
the accuracy or completeness of the content or information from Sirius DVD's
web sites.
Sirius DVD makes no warranty or condition that: (a) the website will
meet your requirements, (b) the website will be uninterrupted, timely,
secure or error-free, (iii) the results that may be obtained from the use of
the website will be accurate or reliable, (iv) the quality of any products,
services, information or other material purchased or obtained by you trough
the website will meet your expectations, or that, (v) any errors in the
website software will be corrected.
Any material downloaded or otherwise obtained through the use of the website
is done at your own discretion and risk and you are solely responsible for
any damage to your computer system or loss of data that may result from the
download of any such material, including damages resulting from computer
viruses.
No advice or information, whether oral or written, obtained by Sirius DVD or
through or from the website will create any warranty or condition not
expressly stated in the terms. Sirius DVD's employees are not
authorized to vary these terms.
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8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, Sirius DVD IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR
OTHER ECONOMIC ADVANTAGE (EVEN IF Sirius DVD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE
USE OF OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING
CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM Sirius DVD's WEB SITE.
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