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Welcome to DVD VideoPlanet. The following terms of use ("Terms") govern the use of the dvdvideoplanet.com website ("Website"). Read these terms carefully before you ("You") accept these Terms by: (a) placing an order through dvdvideoplanet.com, or (b) otherwise using the Website. If you do not agree with all of these Terms, do not use this Website.
THE VIDEO SHOP LIMITED ("DVD VideoPlanet") is the owner and operator of dvdvideoplanet.com. The Terms are entered into by and between DVD VideoPlanet and you. Any reference herein to DVD VideoPlanet shall be deemed to refer to DVD VideoPlanet and/or dvdvideoplanet.com, as applicable under the circumstances. The products offered for sale and other online resources accessible via dvdvideoplanet.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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All content included on this Site and the products or services provided or sold by DVD VideoPlanet ("Content"), including the text, graphics, logos, icons, images, audio and video clips and software is the property of DVD VideoPlanet and/or its content suppliers, and is subject to the copyright or other intellectual property rights of DVD VideoPlanet and to the terms of licenses held by DVD VideoPlanet. This Content is protected by New Zealand, Australasian and international copyright and other laws and does not constitute material in the public domain. Any unauthorized reproduction; modification, distribution, transmission, republication, display or performance of the Content is strictly prohibited. By submitting any information or other material to us, you automatically grant DVD VideoPlanet a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials in any form or medium now known or later developed. DVD VideoPlanet does not grant any right to you in any of the Content.
If you believe that any material contained in the Site infringes your intellectual property, please notify us of the alleged copyright infringement claim in the following manner:
Send us a written description which includes the following information: (i) physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; (ii) identification of the allegedly infringed work and of the material that is claimed to be infringing; (iii) contact information of the notifying party; and (iv) a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law. Your written description should be sent to:
DVD VideoPlanet.com
Customer Service Dept
PO Box 74-326
Market Rd
Auckland 1051
NEW ZEALAND
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DVD VideoPlanet grants you a limited license to access and make personal use of the Site, but not to download or modify it. You may not frame any portion of the Site or utilize any type of Meta tag or other type of hidden text in connection with the Site without our express permission. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by DVD VideoPlanet. Prohibited commercial use includes collection or use of product listings or prices, derivative use of Content, or any use of any type of data mining tools. We reserve the right to refuse service, terminate relationships, and/or cancel orders in our sole discretion, including, without limitation, if we believe that a user's conduct violates applicable law or is harmful to the interests of DVD VideoPlanet. If we terminate your account, you shall remain liable for any orders placed through such account prior to such termination. We may suspend or discontinue any aspect of the Site at any time without prior notice.
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Although we make every effort to insure that products are in stock when so indicated and that information and prices concerning products and services listed on the Site are accurate, THE PRICES AND AVAILABILITY OF SUCH PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. If a product or service has been listed at an incorrect price, we reserve the right to refuse or cancel your order for that product or service even if your order has been confirmed. Your receipt of a confirmation of an order from us does not signify our acceptance of that order, and we may cancel such order or supply less than the quantity you ordered. Certain products or services listed for sale may not be available to users located in certain areas, and DVD VideoPlanet may reject your order for this or any other reason. If you have any questions or require more detailed specifications concerning a product or its use, you should contact the product's manufacturer.
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You agree to use dvdvideoplanet.com only for lawful purposes. You are prohibited from posting on or transmitting through dvdvideoplanet.com any Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protect able) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise deemed by DVD VideoPlanet 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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| Comments, Communications and Other Content |
All comments, communications, ideas, and other content disclosed, submitted or offered to DVD VideoPlanet 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 in the property of DVD VideoPlanet. Such disclosure, submission or offer of any Comments shall constitute an assignment to DVD VideoPlanet of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, DVD VideoPlanet 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. DVD VideoPlanet 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 libellous 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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DVD VideoPlanet may employ other companies to perform certain functions on our behalf such as using a shipping company to deliver your order or using a processing company to authorise and verify your credit card. These companies have access to such of your information as is necessary to perform their task.
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| DISCLAIMERS/LIMITATIONS OF LIABILITY |
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DVD VIDEOPLANET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL ISSUES. ALL PRODUCTS AND SERVICES PURCHASED ON THIS SITE ARE SUBJECT ONLY TO THE WARRANTIES (IF ANY) FROM THEIR RESPECTIVE MANUFACTURERS OR OTHER SUPPLIERS, AND YOU AGREE THAT WE HAVE NO LIABILITY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DVD VIDEOPLANET DISCLAIMS ALL WARRANTIES, DVD VIDEOPLANET OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DVD VIDEOPLANET, ITS' OFFICERS, EMPLOYEES AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, ITS CONTENT, PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT WE RECEIVED FROM YOU WITH RESPECT TO THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEM YOU MAY HAVE WITH RESPECT TO THIS SITE OR ITS' CONTENT IS TO DISCONTINUE YOUR USE OF THE SITE.
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You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand or expense, (including legal fees), made by any third party due to or arising out of your breach of these Terms and Conditions, your use of the Site, its Content, any products you may have purchased, or the materials the Site incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of any third party.
DVD VideoPlanet shall not be liable for any loss or damage suffered by you, including consequential loss or damage, economic loss, loss of profits, revenue, goodwill, bargain, anticipate savings or date suffered by you whether caused by DVD Video Planet’s breach of contract, negligence, breach of statute or wilful default, save as provided below, howsoever caused.
If any condition or warranty is implied under the Trade Practices Act 1974 or any equivalent state or territory legislation, and cannot be excluded, DVD Video Planet’s liability for breach of the condition or warranty will be limited to one or more of the following as determined by DVD VideoPlanet, in the absolute discretion of DVD VideoPlanet.
In the case of goods, any one or more of the following:
- Replacement of the goods or the supply of equivalent goods;
- Repair of the goods;
- Payment of the costs of replacing the goods or of acquiring equivalent goods; or
- Payment of the cost of having the goods repaired; and
In the case of services
- The supplying of the services again; or
- The payment of the cost of having the services supplied again.
In any event, DVD Video Planet’s aggregate liability under or relating to this agreement, whether in contract, tort, equity or pursuant to statute is limited to an amount equal to (including refunds and the value of replacement goods or services given to you) the amount paid by you to DVD VideoPlanet for the applicable goods or services the subject of this claim.
DVD VideoPlanet shall not be liable for any loss or damage suffered by you as a consequence of:
- The frustration of this agreement by matters beyond the control of DVD VideoPlanet;
- Any delay by DVD VideoPlanet in completing the works;
- The exercise by DVD VideoPlanet of any of its rights pursuant to these terms and conditions.
You shall not be entitled to recover any compensation or damages for loss or damage suffered, save as provided pursuant to the terms of this clause, even if such loss or damage was foreseen, foreseeable or advised to DVD VideoPlanet by you.
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All notices in connection with these Terms and Conditions should be sent in writing to DVD VideoPlanet at:
DVD VideoPlanet
Customer Service Dept.
PO Box 74-326
Market Rd
Auckland 1051
New Zealand
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