Terms of use
• Introduction
This Web Site is provided to you
under these "Terms of Use" and any amendments or
supplements to them that may be posted by Wolfe Video, L.L.C.
("Wolfe") from time to time (collectively referred
to as this "Agreement"). Your use of this Web Site
shall be deemed to constitute your consent to be bound by
the terms and conditions of the Agreement and shall be enforceable
in the same way as if you had signed the Agreement. If you
are not willing to accept the terms and conditions in the
Agreement, we ask that you not use the Web Site or order any
items from it.
• Ownership
This Web site ("Web Site")
is owned by Wolfe Video, L.L.C. ("Wolfe"). All right
to, title to, and interest in the content displayed on the
Web Site, including but not limited to the Web Site's look
and feel, data, information, text, graphics, images, sound
or video materials, designs, trademarks, service marks, trade
names, and URL, are the property of Wolfe or its respective
partners, agents, or third parties.
• Modifications to the Agreement
Wolfe may make changes to the
Agreement from time to time in its sole discretion, and will
post any such changes on the Web Site. Each time changes are
made to the Agreement, notice of these changes will be posted
on the home page. Your continued use of the Web Site or placement
of orders following the posting of changes constitutes your
acceptance of any such changes. •
Web Site Intended Audience
This Web Site is intended for
and directed to adults in the United States only. This Web Site
is not intended for any children under the age of 13.
• Privacy
The information that we obtain
through your use of the Web Site, whether through the registration
process or otherwise, is subject to our Privacy Policy. That
Privacy Policy addresses our collection and use of the data
you provide to us, including your rights relative to that information.
Please review the Privacy Policy before you use the Web Site.
If you are unwilling to accept the terms and conditions of the
Privacy Policy, we ask that you not use the Web Site or order
any items from it. • Electronic
Communications
The information communicated
on the Web Site constitutes an electronic communication. When
you communicate with us through the Web Site or via other forms
of electronic media, such as e-mail, you are communicating with
us electronically. You agree that we may communicate electronically
and that such communications, as well as notices, disclosures,
agreements, and other communications that we provide to you
electronically, are equivalent to communications in writing
and shall have the same force and effect as if they were in
writing and signed by the party sending the communication.
• Compliance With Laws
You agree to comply with all applicable
local laws regarding your use of the Web Site, including,
without limitation, laws regarding import/export of technical
data by virtue of your online transmission.
• User Conduct
You understand and agree that all
text, graphics, software, music, sound, photographs, videos,
messages, posts, data, information, or other materials ("Content")
are the sole responsibility of the person with whom the Content
originated. Thus, you are responsible for all Content that
you disseminate or transmit through or by means of the Web
Site.
You agree that you will not use the Web Site in any way to:
(1) post, disseminate, or transmit
any Content that is unlawful, harassing, defamatory, abusive,
threatening, obscene, harmful, tortious, libelous, or invasive
of another's privacy;
(2) post, disseminate, or transmit
any Content that infringes or violates any party's copyright,
trademark, trade secret, patent, or other proprietary right,
including, but not limited to, using third-party copyrighted
materials without appropriate permission, using third-party
trademarks without appropriate permission or attribution,
and using or distributing third-party information (whether
or not protected as a trade secret) in violation of a duty
of confidentiality;
(3) post, disseminate, or transmit
any worms, viruses, or other harmful, disruptive, or destructive
files, code, or programs;
(4) post, disseminate, or transmit
any unauthorized advertising, promotional materials, chain
letters, spam, junk mail, or any other type of unsolicited
mass e-mail to people or entities that have not agreed to
be part of such mailings;
(5) impersonate any person or entity;
falsely state or otherwise misrepresent your affiliation with
any person or entity; intentionally omit, delete, forge, or
misrepresent transmission information, including headers,
return mailing, and Internet protocol addresses; or otherwise
manipulate identifiers to disguise the origin of any Content
transmitted through the Web Site;
(6) post, disseminate, or transmit
any Content you do not have the right to post, disseminate,
or transmit;
(7) disrupt the normal flow of dialogue
or otherwise act in a manner that negatively affects other
users' ability to engage in real-time exchanges;
(8) interfere with, disrupt, or
harm in any way the Web Site or servers or networks connected
to the Web Site;
(9) electronically stalk or otherwise
harass another user;
(10) collect or store personal data
about other users;
(11) engage in any activities that
would violate the personal privacy rights of others, including
but not limited to collecting and distributing information
about other users without their permission, except as permitted
by applicable law;
(12) use the Web Site for any illegal
purpose, in violation of any applicable laws or regulations
or in violation of the rules of any other Web site's providers,
Web sites, chat rooms, or the like; or
(13) intentionally or unintentionally
violate any applicable local, state, national, or international
law or any regulations having the force of law.
• Protection of Intellectual Rights
and License
You acknowledge that content available
through the Web Site, including, without limitation, content
in the form of text, graphics, software, music, sound, photographs,
and videos, and content provided by suppliers, sponsors, or
third-party advertisers ("Intellectual Property Rights"),
is protected by copyrights, trademarks, patents, or other
proprietary rights and laws. Except as expressly authorized
by Wolfe herein, you agree not to copy, modify, rent, lease,
loan, sell, assign, distribute, license, reverse engineer,
or create derivative works based on the Web Site or any content
(including, without limitation, any software) available through
the Web Site.
You are hereby granted a nonexclusive,
nontransferable, revocable, limited license to view, copy,
print, and distribute content retrieved from the Web Site
for your personal, noncommercial purposes, provided that you
do not remove or obscure the copyright notice or other notices
displayed on the content. You may not copy, reprint, modify,
distribute, or sell content retrieved from the Web Site in
any way, for any commercial use or provide it to any commercial
source, including other Web sites, regardless of whether you
receive compensation, without the prior written permission
of Wolfe. You may not frame any trademark, logo, or other
proprietary information on this Web Site without the express
written consent of Wolfe. Except as expressly provided in
the Agreement, nothing contained in the Agreement or on the
Web Site shall be construed as conferring any other license
or right, expressly, by implication, by estoppel, or otherwise
under any of Wolfe’s Intellectual Property Rights or
under any third party's Intellectual Property Rights. Any
rights not expressly granted herein are reserved.
• User Content and Correspondence
You acknowledge that Wolfe does
not generally prescreen Content, but that Wolfe and its designees
will have the right (but not the obligation) in their sole discretion
to edit, refuse, remove, or move any Content that is available
via the Web Site. Wolfe reserves the right in its sole discretion
to refuse access to the site to any user for any reason, including
without limitation, any reason that violates the Agreement.
Without limiting the foregoing, Wolfe and its designees will
have the right to remove any Content that violates the Agreement
or that Wolfe considers, in its sole discretion, objectionable,
whether for legal or for other reasons. You understand that
the technical processing and transmission of the Web Site, including
your Content, may involve transmissions over various networks
and require changes to conform and adapt to technical requirements
of connecting networks or devices. You
acknowledge and agree that Wolfe may preserve Content and
may also disclose Content if required to do so by law or in
the good faith belief that such preservation or disclosure
is reasonably necessary to (a) comply with legal process;
(b) enforce the Agreement; (c) respond to claims that any
Content violates the rights of third parties; or (d) protect
the rights, property, or personal safety of Wolfe, its users,
and the public. Details regarding our use of personally identifiable
information included in Content are set out in our Privacy
Policy.
By posting Content to the Web Site
or by transmitting Content using the Web Site, you (1) represent
and warrant to Wolfe that you have all necessary permission
to post or transmit Content; and (2) grant to Wolfe a worldwide,
nonexclusive, perpetual, fully sub-licensable, royalty-free
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform,
and display such Content (in whole or part) worldwide and/or
to incorporate it in other works in any form, media, or technology
now known or later developed.
Any comments, materials, or letters
sent by you to Wolfe regarding the Web Site, including, without
limitation, questions, comments, suggestions, criticisms,
or the like ("Received Materials") shall be deemed
to be nonconfidential and free of any claims of proprietary
or personal rights unless you explicitly state in the correspondence
that the letter (i) is "not for publication" and
(ii) contains "private and proprietary" information
that may not be distributed. Wolfe will have no obligation
of any kind with respect to Received Materials that you do
not restrict and Wolfe will be free to reproduce, use, disclose,
exhibit, display, transform, edit, abridge, create derivative
works from, and/or distribute Received Materials that you
do not restrict. Furthermore, Wolfe is free to use any ideas,
concepts, know-how, or techniques contained in any communication
you send to Wolfe, whether you restrict its distribution or
not, for any purpose whatsoever, including, but not limited
to, developing, manufacturing, and marketing products using
such information, without compensation or any other obligations
to anyone, including yourself.
• Storage of Content
You agree that Wolfe may establish,
in its sole discretion and without prior notice to you, a maximum
amount of storage space for Content maintained, disseminated,
or transmitted through the Web Site. You agree that Wolfe has
no responsibility or liability for the deletion of or failure
to store any messages, communications, or other Content maintained,
disseminated, or transmitted through the Web Site.
• Your Contact With Advertisers or
Other Third Parties
Your dealings with advertisers
or other third parties found on or through the Web Site are
solely between you and the third party. These dealings include,
but are not limited to, your participation in promotions, the
payment for and delivery of items if any, and any terms, conditions,
warranties, or representations associated with such dealings.
Wolfe does not make any representations or warranties with respect
to any items or services that may be obtained from such third
parties, and you agree that Wolfe will have no liability with
respect to any loss or damage of any kind incurred as a result
of any dealings between you and any third party, or as a result
of the presence of such third parties on the Web Site.
• Purchasing Items on Wolfe
Product Descriptions
Wolfe attempts to describe the
items available on the Web Site as accurately as possible. Wolfe
does not warrant that product descriptions are accurate, complete,
reliable, current, or error-free. If a product described on
the Web Site is not as described when you receive it, your sole
remedy is to return it to us in unused and undamaged condition.
Order Acceptance
and Shipment
Your placement of an order
does not necessarily assure that we will accept your order.
We may require additional information regarding your order
if you have not provided all of the information required by
us to complete it. Once a properly completed order is received
and authorization of your form of payment is received, we
will promptly locate the product(s) you have ordered to place
them in line for shipment. If, for some reason, we determine
that we cannot ship your product within thirty (30) days following
our receipt of a properly completed order, we will cancel
your order and advise you of such action.
Pricing and Sales
Tax
We cannot confirm the price
of an item until you place an order. We do not charge your
credit card until your order is shipped. At the time that
you place your order, it will include an estimate for sales
tax; the actual amount will be charged at the time your order
is shipped. We will add sales tax for orders to be delivered
to addresses in California. Each customer is solely responsible
for all sales/use taxes applicable to orders shipped to all
other locations. The sales tax we charge will incorporate
both state and local taxes and therefore may vary from one
locale to another. No sales tax is applied to gift certificates,
but purchases paid for with gift certificates may be subject
to tax.
Risk of Loss
All items purchased from Wolfe
are delivered to shipment carriers. The risk of loss and title
for such items pass to you upon our delivery to the carrier.
• Other Web Sites
Links to Other Web sites
The Web Site, or third parties on the Web Site, may provide
links to other sites and/or resources, including advertisers,
over which Wolfe has no control. These links are provided solely
as a convenience to users and should not be construed as an
endorsement by Wolfe of content, items, or services on those
third-party Web sites. You access and use such sites, including
the content, items, or services on those sites, solely at your
own risk. Wolfe makes no representations or warranties with
respect to the Content, ownership, or legality of any such linked
Web sites. You agree that Wolfe has no responsibility or liability
for the availability of such external sites or resources, or
for the Content, advertising, products, or other materials available
through such sites or resources. Linking
to Wolfe
You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of Wolfe so long as
the link does not portray Wolfe, its affiliates, or their
items or services in a false, misleading, or offensive matter.
You may not use any Wolfe logo or graphic or trademark as
part of the link without the express written permission of
Wolfe.
• Information Disclaimer
THE INFORMATION (INCLUDING, WITHOUT
LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE
WEB SITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID
AND ARE NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL
PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL
ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR
WITH YOUR UNIQUE FACTS. YOUR USE OF THE SITE IS SUBJECT TO
THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT
THE WEB SITE. WOLFE AND ITS AGENTS ASSUME NO RESPONSIBILITY
FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY
ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES,
OR OTHER MATERIAL ON THE WEB SITE. WHILE WOLFE STRIVES TO
KEEP THE INFORMATION ON THE WEB SITE ACCURATE, COMPLETE, AND
UP-TO-DATE, WOLFE AND ITS SUPPLIERS CANNOT GUARANTEE, AND
WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO
THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
• Disclaimer of Warranties With
Respect to Use of Web Site
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN,
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
WOLFE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
WOLFE DOES NOT MAKE ANY
WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR
THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
WOLFE MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY,
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB
SITE.
YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM WOLFE OR THROUGH THE
WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
• Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES
WILL WOLFE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY
LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL,
COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED,
AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE
RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE
WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED
ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (6) ANY
OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL
APPLY WHETHER OR NOT WOLFE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
• Idemnification
You agree to indemnify and hold
harmless Wolfe, its directors, officers, employees, agents,
co-branders, subsidiaries, parents, and affiliates, from and
against any and all liability, losses, claims, demands, disputes,
damages, and costs of any kind, including, without limitation,
reasonable attorneys' fees and costs of litigation resulting
from or in any way connected with your use of the Web Site;
Content you submit, post, or transmit through the Web Site;
your breach of the Agreement; and your connection to the Web
Site.
• Trademark Notices
Wolfe Video, the Wolfe Video
logo and design and WolfeVideo.com are registered trademarks
of Wolfe Video, L.L.C. All other trademarks and servicemarks
are the property of their respective owners. You may not use
or display any trademarks or service marks owned by Wolfe
Video without our prior written consent. You may not use or
display any other trademarks or service marks displayed on
this site without the permission of their owners.
• Modification or Suspension
of the Web Site
You agree that Wolfe may, in
its sole discretion, and at any time, modify, discontinue, or
suspend its operation of this Web Site, or any part thereof,
temporarily or permanently, without notice to you, and you agree
that Wolfe will not be liable for the consequences of doing
so.
• Termination
You agree that Wolfe may, in
its sole discretion, and at any time, terminate your use of
the Web Site, and may remove or delete any or all of your Content
within the Web Site, without prior notice to you for any reason
that Wolfe, in its sole discretion, deems appropriate. You further
agree that Wolfe will not be liable to you or to any third party
for the consequences of any termination of your use of or access
to the Web Site. In the event of any termination of your use
of or access to the Web Site, you agree that the provisions
of the Agreement regarding Protection of Intellectual Property
Rights and License, Trademark Notices, Indemnification, Disclaimer
or Warranties, Limitations of Liability, and Applicable Law
shall survive any such termination.
• Severability of Agreement
If any provision of the Agreement
is found by a court or other binding authority to be invalid,
you agree that every attempt shall be made to give effect to
the parties' intentions as reflected in that provision, and
the remaining provisions contained in the Agreement shall continue
in full force and effect.
• Limitations of Actions Brought
Against Wolfe
You agree that any claim or cause
of action arising out of your use of the Web Site or the Agreement
must be filed within one year after such claim or cause of action
arose or it shall forever be barred, notwithstanding any statute
of limitations or other law to the contrary.
• Applicable Law
The Agreement and the resolution
of any dispute related to the Agreement, the Web Site, or items
you purchase through the Web Site shall be governed by and construed
in accordance with the laws of California, without giving effect
to any principles of conflicts of law. Any legal action or proceeding
between Wolfe and you related to the Agreement shall be brought
exclusively in a federal or state court of competent jurisdiction
sitting in California, County of San Francisco and/or the Northern
District of California, and you agree to submit to the personal
and exclusive jurisdiction of such courts.
• Contact Information
If you have any questions or
concerns with respect to the Agreement or the Web Site you may
contact a representative of Wolfe by e-mail at order@wolfevideo.com
or by mail at:
Customer Service
Wolfe Video
P.O. Box 64
San Jose, CA 95042
Version 1.2, last updated 1/17/2007
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