Video Addicts Custom DVD Terms and Conditions of Service

This agreement defines the terms and conditions between Video Addicts (hereinafter referred to as "Company") and "Customer", whereby the "Company" will provide to the "Customer" conversion of consumer and business videotapes and films (hereinafter referred to as "media") to digital versatile disk (DVDR) insuring the preservation of their content and making them more convenient to store and view.
  1. The "Company" will provide conversion services at prices which are posted at its web site, www.videoaddicts.com. All prices are exclusive of shipping and handling charges, which will be added to determine the final price. All prices are also exclusive of any tax, or governmental charge that may be assessed by any jurisdiction. All such taxes are the responsibility of the consumer.
  2. Because the actual damages that the "Customer" may sustain, if the original media is lost and/or destroyed, breaching this obligation, are uncertain and would be very difficult to ascertain accurately, the parties agree in good faith that the sum of $15.00 would be reasonable and just compensation for harm caused by the loss and/or destruction of the original media. Therefore, the "Company" promises to pay and the "Customer" promises to accept the sum as set forth herein as liquidated damages and not as a penalty, in the event of breach of this obligation as set forth in this article.
  3. The "Company" makes no warranty of any kind with respect to the services and products provided under this agreement. The "Company" disclaims all warranties, express and implied, including the warranties of merchantability and fitness for a particular purpose.
    In situations involving performance or non-performance of services or products furnished under this agreement, the "Customer's" sole remedy shall be repair and/or return of the defective product to the "Company" for a refund at the discretion of said "Company".
  4. The "Company" will not be liable for any damages a "Customer" may suffer arising out of acts of God, use or inability to use the products, unless such damages are caused by an intentional and willful act of the "Company". In no event shall the "Company" be liable for the theft, and/or destruction of "Customer's" video provided to the "Company". The "Company" will not be liable for indirect, incidental, special or consequential damages, loss of goodwill or profits for any lost property of the "Customer". The "Company's" liability for such damages to the "Customer" for any cause whatsoever, regardless of the form of action, including negligence, shall not exceed the amount of the replacement of the cost of blank media.
  5. The "Customer" will indemnify and hold the "Company" harmless against any claims or demands by any third party that infringes upon any U.S. Copyright and/or Patent. The "Customer" shall be liable for and shall indemnify and defend the "Company" from and against any claims in any way arising from or related to (i) the alleged infringement of patent, trademark, design, copyright or other intellectual property rights in relation to the "Customer's" use of the service and (ii) "Customer" use or inclusion of any information, photographs, artwork or other content including without limitation claims based on invasion of privacy, right of publicity, Communications Decency Act of 1996, obscenity or pornography, and a violation of any State or ordinance or other laws.
  6. This agreement shall constitute the entire agreement of the parties with respect to the services and product provided hereunder. These terms and conditions shall prevail, notwithstanding any different or additional terms and conditions in any form provided by "Customer". No waiver of any rights hereunder shall be deemed to be a waiver of the right on any other occasion. This agreement shall be governed by the laws of the State of Washington without regard to conflicts of law principles.
  7. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality, unenforceability shall not effect any other provision of this agreement and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
  8. Acceptance of terms. The "Company" provides its services to the "Customer" subject to the terms of service contained herein, which may be updated from time to time without notice to the "Customer".

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2001 Video Addicts
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