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.
- 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
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.
- 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
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".
- 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.
- 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.
- 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
- 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.
- 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