2. Trademarks. All trademarks, service marks and trade names
of Abrams used herein (including but not limited to: the Abrams name
and the Abrams corporate logo) (collectively “Marks”) are trademarks or
registered trademarks of Abrams or its affiliates, partners, vendors or
licensors. You may not use, copy, reproduce, republish, upload, post,
transmit, distribute, or modify Abrams trademarks in any way, including
in advertising or publicity pertaining to distribution of materials on
this site, without Abrams' prior written consent. The use of Abrams
trademarks on any other web site or network computer environment is not
allowed. This protects you, too. When you see the Abrams marks, you can
be sure of our quality and performance. Abrams prohibits the use of
Abrams trademarks as a "hot" link on or to any other web site unless
establishment of such a link is approved in advance.
3. 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. Certain 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 on 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), non-public
performance and may not be duplicated.
4. 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.
5. 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 currency of any information on this Web
Site. For example, products included on this Web Site may be
unavailable, may have different attributes than those listed, or may
actually carry a different price than that stated on this 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.
6. Third Party Links. From time to time, this Web Site may
contain links to Web sites that are not owned, operated or controlled
by Abrams or its 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 respective 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
respective affiliates endorse, guarantee, or make any representations
or warranties regarding any other Web sites, or any content, materials
or other information located or accessible from any other Web sites, or
the results that you may obtain from using any other Web sites. If you
decide to access any other Web sites linked to or from this Web Site,
you do so entirely at your own risk.
7. Inappropriate Material. You are prohibited from posting or
sending 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. Such
violations may subject the sender and his or her agents to civil and
criminal penalties. You further understand and agree that sending
unsolicited email advertisements to any user of the Web Site or the Web
Site or through Voice computer systems is expressly prohibited by these
Terms of Service. Any such unauthorized use of our computer systems is
a violation of these Terms of Service and applicable “anti-spam” laws.
In addition to any remedies that we may have at law or in equity, if we
determine, in our sole discretion, that you have violated or are likely
to violate the foregoing prohibitions, we may take any action we deem
necessary to cure or prevent the violation, including without
limitation, the immediate removal of the related materials from this
Web Site. 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.
8. Account Security. You are entirely responsible for the
security and confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur
under your account. You agree to immediately notify us of any
unauthorized use of your account or any other breach of security of
which you become aware. You are responsible for taking precautions and
providing security measures best suited for your situation and intended
use of the Services and Web Site. We have the right to provide user
billing, account, Content or use records, and related information under
certain circumstances (such as in response to legal responsibility,
lawful process, orders, subpoenas, or warrants, or to protect our
rights, customers or business). Please note that anyone able to provide
your personally identifiable information will be able access your
account so you should take reasonable steps to protect this information.
9. Information Control. User published Content does not
represent the views of Abrams or any individual associated with Abrams,
and we do not control this Content. In no event shall you represent or
suggest, directly or indirectly, Abrams’s endorsement of user published
Content. Abrams does not vouch for the accuracy or credibility of any
user published Content on our Web Site, and does not take any
responsibility or assume any liability for any actions you may take as
a result of reading user published Content on our Web Site. Through
your use of the Web Site and Services, you may be exposed to Content
that you may find offensive, objectionable, harmful, inaccurate or
deceptive. There may also be risks of dealing with underage persons,
people acting under false pretense, international trade issues and
foreign nationals. By using our Web Site, you assume all associated
risks.
10. Your License to Us. User published Content remains the
intellectual property of the individual user. By posting Content on our
Web Site, you grant Abrams a non-exclusive, perpetual, irrevocable,
royalty-free, worldwide, fully sub-licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, and display such Content throughout the world in any media,
whether now known or hereafter discovered. In addition, you warrant
that all so-called "moral rights" in those materials have been waived.
11. Fees. For all charges for any products and services sold
on the Web Site, Abrams will bill your credit card or alternative
payment method offered by Abrams. In the event legal action is
necessary to collect on balances due, you agree to reimburse Abrams for
all expenses incurred to recover sums due, including attorneys’ fees
and other legal expenses. You are responsible for purchase of, and
payment of charges for, all Internet access services and
telecommunications services needed for use of this Web Site.
12. Force Majeure. Neither Abrams nor you shall be
responsible for damages or for delays or failures in performance
resulting from acts or occurrences beyond their reasonable control,
including, without limitation: fire, lightning, explosion, power surge
or failure, water, acts of God, war, revolution, civil commotion or
acts of civil or military authorities or public enemies: any law,
order, regulation, ordinance, or requirement of any government or legal
body or any representative of any such government or legal body; or
labor unrest, including without limitation, strikes, slowdowns,
picketing, or boycotts; inability to secure raw materials,
transportation facilities, fuel or energy shortages, or acts or
omissions of other common carriers.
13. Privacy. Your use of our Web Site and Services is subject to our
Privacy Policy. Please read our Privacy Policy by clicking here.
14. DISCLAIMERS. Your use of thIS Site is at your risk. THE
INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH 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 ABRAMS, IMA,
NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR
COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR
THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED
ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER ABRAMS, IMA, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT
OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, 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,
WEHEREBY 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.
15. LIMITATIONS OF LIABILITY. Neither Abrams nor IMA
assumes any responsibility, or will be liable, for any damages to, or
any 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
information or materials from this Web Site. IN NO EVENT WILL ABRAMS OR IMA, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY
INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE,
BE LIABLE TO YOU OR ANYONE ELSE 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 ON 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. IN NO EVENT SHALL ABRAMS OR IMA'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE
GREATER OF (A) FIFTY DOLLARS ($50.00) OR (B) THE VALUE OF YOUR PURCHASE
ON THE WEB SITE.
16. Indemnity. You agree to defend, indemnify and hold Abrams
and any affiliated company or individual harmless from any and all
liabilities, costs, and expenses, including reasonable attorneys’ fees,
related to any violation of these terms by you or your authorized
users, or in connection with the use of the Web Site or the Internet or
your purchases or the placement or transmission of any message or
information on this Web Site by you or your authorized users or your
violation of any law or the rights of a third party.
17. Release. In the event that you have a dispute with one or
more other users of the Web Site, you release Abrams and IMA
(and our officers, directors, agents, subsidiaries, joint ventures and
employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with
such disputes.
18. 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 placed or charges
incurred through your account prior to termination. We may also block
your access to our Web Site in the event that (a) you breach these
Terms of Service; (b) we are unable to verify or authenticate any
information you provide to us; or (c) we believe that your actions may
cause financial loss or legal liability for you, our users or us.
19. General. Any claim relating to, and the use of, this Site
and the materials contained herein is governed by the laws of the State
of New York, U.S.A. You consent to the exclusive jurisdiction of the
state and federal courts located in New York. A printed version of
these Terms and Conditions will 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.
We do not guarantee continuous, uninterrupted or secure access to
our Web Site or Services, and operation of the Web Site may be
interfered with by numerous factors outside of our control. If any
provision of these Terms of Service is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. You agree that these terms of service and
all incorporated agreements may be automatically assigned by Abrams in
our sole discretion. Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such
section. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar
breaches. These terms of service set forth the entire understanding and
agreement between us with respect to the subject matter hereof. 11
(Access and Interference), 12 (License), 13 (Release), 15 (Liability
Limit), and 16 (Indemnity) shall survive any termination or expiration
of this Agreement.
20. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In
operating the Web Site, we may act as a “services provider” (as defined
by DMCA) and offer services as online provider of materials and links
to third party web sites. As a result, third party materials that we do
not own or control may be transmitted, stored, accessed or otherwise
made available using the Web Site. If you believe any material
available via the Web Site infringes a copyright, you should notify us
using the notice procedure for claimed infringement under the DMCA. We
will respond expeditiously to remove or disable access to the material
claimed to be infringing and will follow the procedures specified in
the DMCA to resolve the claim between the notifying party and the
alleged infringer who provided the Content. Our designated agent (i.e.,
proper party for notice) to whom you should address infringement
notices under the DMCA is: