HP VIDEO STORE TERMS & CONDITIONS
IMPORTANT NOTICE - PLEASE READ CAREFULLY BEFORE PROCEEDING
Welcome to the
Boys & Girls Clubs of America Video Store website (“HP Video Store”) operated by
Hewlett-Packard Company (“HP”).
These Terms and
Conditions ("Agreement") are a legal agreement between you and HP
stating the terms that govern your use of the HP Video Store, consisting of the
content, as defined below, and further including all other elements of the
service and the content, such as text, montages, images, trailers, promotional
content, other rich media, metadata, software, security technology and all
other related data (collectively, the "Service"). You must accept and
abide by the terms of the Agreement as presented in order to use the Service.
Changes, additions, deletions or counteroffers will not be accepted.
Please read the entire Agreement carefully. By checking the box accepting this Agreement
and by purchasing the content you fully and irrevocably accept and agree to be
bound by this Agreement. Before you can purchase any content, you will be asked
to accept all the terms of the Agreement. If you do not wish to accept all the
terms of this Agreement, you will not be able to purchase the content.
HP may from time to time amend, supplement or modify the terms of this Agreement.
It is your responsibility to check these Terms and Conditions (available in the
Help section) periodically for changes. If there are material changes to this Agreement,
you will be either notified by email or you will be prompted to review and
accept the revised Agreement before paying any additional fees or purchasing
any additional content. If you do not agree to be bound by this Agreement, as
it may be changed from time to time, you will no longer be authorized to place
orders for the Service.
Please contact us immediately should you encounter any problems. HP encourages
your feedback and comments about the Service. Should you experience any
problems in using the Service you can contact us via email.
All video purchases
provided to you through your use of the Service are sublicensed to you pursuant
to this Agreement and not sold, notwithstanding the use of the terms
"sell," "purchase," "order" or "buy" in
connection with the Service as set forth in this Agreement.
Site Terms &
Conditions
1. Terms of Use
Your use of the
Service and purchases made through it are subject to the provisions of this
Agreement and of HP's general Terms and Conditions, which are incorporated into
and made a part of this Agreement. By agreeing to be bound by the terms of this
Agreement, you also agree to be bound by the general Terms and Conditions. To shop and complete your purchase
from the HP site you must have Internet access (fees may apply) and the latest
version of Windows XP or Windows Vista.
2. Your Information
You agree to
provide accurate, current and complete information required to register with
the Service and at other times as may be required in the course of using the Service
("Registration Data"). You further agree to maintain and update your
Registration Data as required to keep it accurate, current and complete. HP may
terminate your right to use any or all of the Service if any information you
provide is false, inaccurate or incomplete as determined by HP in its sole
discretion. You agree that HP may store and use the Registration Data you
provide for use of the Service, and further including, but not limited to,
maintaining and collecting your accounts and billing fees to your gift card
and/or credit card. HP’s use of your Registration Data is subject to the terms
of the Privacy Policy.
3. User Account and Service Security
Account and Password. As a registered user of the Service, you may
receive or establish an account ("Account"). You are solely
responsible for maintaining the confidentiality and security of your Account.
You should not reveal your Account information to anyone else, and must not use
or attempt to access or use anyone else's Account. You shall not post your
username or password on any other web site nor transmit it through unsecured
sites. You agree to promptly update your Account information in the event of
any known or suspected unauthorized use of your Account, or any known or
suspected breach of security, including loss, theft, or unauthorized disclosure
of your password, gift card or credit card information. You are entirely
responsible for all purchases and other activities that occur on or through
your Account, and you agree to immediately notify HP of any unauthorized use of
your Account or any other breach of security. HP shall not be responsible for
any losses arising out of unauthorized use of your Account.
Security. You understand that the content available through the Service,
such as DVDs, video, audio, motion pictures, music, images, artwork, text, and
other copyrightable materials ("Content") is licensed by service
providers from content providers ("Content Providers"). For Content
that is delivered to you via downloads, the Content is delivered to you through
a security framework using technology that protects digital information and
imposes usage rules ("Usage Rules") established by HP and its service
providers of the Service ("Service Providers").
The security
technology, including without limitation, Windows Media DRM technology, is an
inseparable part of the Service. The Usage Rules are part of this Agreement and
may be directly accessed in Section 4 of Video Downloads Terms &
Conditions, contained herein. You agree that your sublicense of Content
constitutes your agreement to use the Content solely in accordance with the
terms of this Agreement and the Usage Rules, and that any other use of the Content
may result in civil or criminal liability and/or termination of your license to
the Content. The Service represents and consists of valuable intellectual
property and may also contain confidential information of the Content
Providers. HP reserves the right to modify the Usage Rules at any time.
4. Other Restrictions and Terms
Terms of Service. All sales are final and all charges for those sales
are nonrefundable, except as otherwise set forth in this Agreement. Playback
of physical DVD content requires compatible DVD hardware. Not all products
listed on the HP Video Store may be available.
HP is a distributor of the Content only to end user sub licensees and does not
accept orders from video dealers, exporters, wholesalers, any businesses of any
kind or other customers who intend to redistribute. There also may be other
orders that HP is unable to accept.
Age Requirement for Use of the
Service. This Service is available for individuals aged 13 years or
older. If you are 13 or older but under the age of 18, you should review these
terms and conditions with your parent or guardian to make sure that you and
your parent or guardian understand these terms and conditions. HP does not
intentionally collect personal information about children under the age of 13.
Children under the age of 13 may not use the Service and parents or legal guardians
may not enter into this Agreement on their behalf. If you are a parent or legal
guardian entering into this Agreement for the benefit of a child between the
ages of 13 and 18, be advised that you are fully responsible for his or her use
of the Service, including all financial charges and legal liability that he or
she may incur. If you do not agree to (or cannot comply with) any of these
terms and conditions, do not use the Service.
COPPA.
The Children's Online Privacy Protection Act (COPPA) protects the
personal information of children under the age of 13. This applies to
individually identifiable information about a child that is collected online,
such as full name, home address, email address, telephone number or any other
information that would allow someone to identify or contact the child. COPPA
also covers other types of information—for example, interests and information
collected through cookies or other types of tracking mechanisms—when they are
tied to individually identifiable information. It is important for you to
understand this law.
Merchant of Record.
HP is the merchant of record for Content purchased from the HP Video
Store.
Territory. Purchases from the HP Video Store are
available only within the 50 states of the
5. Agreement to Pay
Payment for Content. You agree to pay for all Content you receive
through the Service, and that HP is authorized to bill your chosen payment
method for any Content purchased, and for any additional amounts (including any
taxes and late fees, as applicable) as may be accrued by or in connection with
your Account. You are responsible for the timely payment of all fees and for
providing HP with a valid payment method for payment of all fees. All fees will
be billed to the payment method you designate during the checkout process.
Electronic Signatures and Contracts. Your use of the Service includes
the ability to enter into agreements and/or to make payments electronically.
You acknowledge that your electronic submissions constitute your agreement and
intent to be bound by such agreements and to pay for such sublicenses. Your
agreement and intent to be bound by electronic submissions applies to all
transactions you enter into on this Service, including notices of cancellation,
policies, contracts, and applications. You hereby waive any and all defenses
you might have based on the electronic form of this Agreement and the lack of
conventional signing by the parties to this Agreement. This Agreement
constitutes a written agreement between you and HP. A printed version of this
Agreement, and of any notice given in electronic form related to this
Agreement, shall be admissible in judicial or administrative proceedings to the
same extent, and subject to the same restrictions, as other business contracts,
documents or records originally generated and maintained in printed form.
Payment Methods. The HP Video Store currently accepts special gift cards
and/or major credit cards and Visa or MasterCard branded debit cards as a form
of payment. When you use a credit or debit card, HP will obtain a pre-approval
from the issuing bank at the time your order is placed. Your credit or debit
card will be billed when the Content is shipped. For purposes of the Service, an order will be
deemed shipped when the Content license has been issued to you or your order
shows shipped. HP may bill your chosen payment method after each individual
Content is shipped, or may aggregate multiple purchases you make through the
Service into a single charge to your account. We are unable to accept credit or
debit cards issued by banks outside of the
Sales Tax. Purchases from the HP Video Store will include any applicable
sales tax based on the bill-to address and the sales tax rate in effect at the
time of purchase. If the sales tax rate for the billing address changes before
the Content is purchased, the new tax rate in effect at the time of purchase
will apply. We will only charge tax in states and localities where video purchases
are taxable. No customers are eligible for tax exemptions for purchases made on
the HP Video Store.
Fees. HP reserves the right to change fees for Content offered at the HP
Video Store at any time.
Customer Service. For assistance with billing questions or other order
inquiries, please review the FAQ section by clicking on Help or contact us via email.
6. Delivery of Content
The HP Video Store makes every effort to provide a broad Content offering. Our
Content Providers also may change or withdraw the availability of Content. For
these reasons, HP reserves the right to change Content selections without
notice.
On occasion, technical and other problems may delay or prevent delivery of your
Content. Your exclusive and sole remedy with respect to Content that is not
delivered within a reasonable period will be either replacement of such Content
or refund of the fee paid for such Content, as determined by HP in its sole
discretion. HP will not replace the Content if you are unable to view it or if
you lose the Content, including if the file becomes damaged or corrupt, your
computer crashes, your hard drive fails or the Content does not play for any
other reason.
7. Pricing
On rare occasions,
an item may be priced incorrectly on the HP Video Store. If the price for the
item on the HP Video Store is incorrect and is actually higher than the price
provided at the time of purchase, then, at the sole discretion of HP, the HP
Video Store and its Service Providers, The HP Video Store and its Service
Providers may either (i) contact the User for instructions before shipping the
item or charging the customer for such item; (ii) cancel the order for such
item and notify the customer of such cancellation; or (iii) ship the item at
the incorrect price to the benefit of the customer.
8. Risk of
Loss
The risk of loss
and title for all items purchased via the HP Video Store passes to the User
upon delivery of the item to the carrier.
9. Product Description
The items
offered for sale on the HP Video Store contain descriptions that are provided
directly by the publisher, manufacturer or distributor of such item or other
authorized parties. HP does not represent or warrant that the description of such
items are accurate or complete. IF A USER PURCHASES AN ITEM THAT IS
10. Returns,
Exchanges and Refunds
Returns. You may return new, unopened DVD’s
sold and fulfilled by the HP Video Store within 21 days of delivery for a full
refund; refer to the back of your packing slip for the returns process. Items
should be returned in their original product packaging. We'll also pay the
return shipping costs if the return is a result of our error. Please note that it takes us 3 to 5 business
days to process returns once they arrive at our
Exchanges.
If you received
a faulty DVD and need to exchange it for the same item, or if you need to
exchange a DVD for a different one, you may do so. You may return new, unopened DVD’s sold and
fulfilled by the HP Video Store within 21 days of delivery for a full refund;
refer to the back of your packing slip for the returns process. You will be refunded your original purchase
price once we receive the item. You do not have to wait for us to receive the
original item before placing the new order.
Refunds.
Shipping charges are not refundable except as noted. Returns made to the HP Video Store will be
refunded in the form of the original payment method.
11. Intellectual Property
Acknowledgement of Ownership. You agree that the Content and the
Service, including without limitation all software (expressly including the HP software),
security technology, web sites, text, data, graphics, user interfaces, visual
interfaces, photographs, trademarks, trade dress, logos, sounds, music,
artwork, compilation of Content, postings, links to other Internet resources,
and computer code comprising, incorporated in, appearing on, or used by the
Content or the Service, together with the design, structure, selection, coordination,
expression, look and feel, and arrangement of all such elements of the Content
and the Service, are respectively owned by HP and/or its Content Providers,
and/or its Service Providers, and are protected by applicable intellectual
property and other laws, including but not limited to copyright, and that you
will not use the Content or the Service or any element thereof in any way
whatsoever except in strict compliance with the terms of this Agreement. Copyright
© 2008 Hewlett-Packard Company. All Rights Reserved. UNAUTHORIZED USE OF ANY
SOFTWARE USED BY THE SERVICE, OR ANY OTHER ELEMENT OF THE CONTENT OR THE
SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE
MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT OR OTHER LAWS PROTECTING
INTELLECTUAL PROPERTY RIGHTS.
Trademarks. HP, Hewlett-Packard Company, www.hp.com, the Hewlett-Packard
logo, and other Hewlett-Packard trademarks, service marks, graphics, and logos
used in connection with the Service are trademarks or registered trademarks of Hewlett-Packard
Company in the
12. Termination
Termination Rights. HP, in its sole discretion, reserves the right to
modify, suspend or discontinue the Service at any time and in any way, in whole
or in part, with or without notice, and with no liability to you. Neither HP
nor its Content Providers will be liable for the removal of or disabling of
access to any Service, Content or other materials under this Agreement. HP
further reserves the right, in its sole discretion, to terminate this Agreement
with you and/or your use of the Service (or any part thereof) at any time, with
or without notice, for any or no reason, without liability to you. In
particular, if you fail, or HP suspects that you have failed, to comply with
any of the provisions of this Agreement, including but not limited to failure
to make payment of fees due, failure to provide HP with a valid credit card or
with accurate and complete Registration Data, failure to safeguard your Account
information, or violation of the terms of this Agreement or the Usage Rules, HP,
at its sole discretion, without notice to you may: (i) terminate this Agreement
and/or your Account, including your sublicense to use the Content, and you will
remain liable for all amounts due under your Account up to and including the
date of termination; and/or (ii) preclude access to the Service (or any part
thereof).
Survival. The provisions of 5, 7,
8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 of Site Terms &
Conditions and Section 2 of Video Download Terms & Conditions will survive
termination of this Agreement.
13. General Compliance with Laws
The Service is controlled and operated by HP and its Service Providers in the
14. Enforcement of these Terms of Service
HP reserves the right to take steps HP believes are reasonably necessary or
appropriate to enforce and/or verify compliance with any part of this Agreement
(including but not limited to HP’s right to cooperate with any legal process
relating to your use of the Service and/or Content, and/or a third party claim
that your use of the Service and/or Content is unlawful and/or infringes such
third party's rights). You agree that HP has the right, without liability to
you, to disclose any Registration Data and/or Account information to law
enforcement authorities, government officials, the applicable Content Providers
or any other third party, as HP believes is reasonably necessary or appropriate
to enforce and/or verify compliance with any part of this Agreement (including
but not limited to HP's right to cooperate with any legal process relating to
your use of the Service and/or Content, or the applicable Service Provider’s,
Content Provider's or any other third party claim that your use of the Service
and/or Content is unlawful and/or infringes such third party's rights).
15. No Responsibility for Third-Party
Materials or Web Sites
HP may provide links to certain third-party web sites. You acknowledge and
agree that HP is not responsible for examining or evaluating the Content or
accuracy of any Content or such third-party web sites. HP does not warrant or
endorse and does not assume and will not have any liability or responsibility
for any Content or third party web sites, or for any other materials, products,
or services of third parties. You are responsible for adhering to the
applicable terms of service for any third party web site. Your correspondence
or business dealings with, or participation in promotions of, third parties or
Content Providers found on or through the HP Video Store, including any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and the third party with which you contract. HP does not
represent that such sites are appropriate for children, in compliance with
laws, or are what they purport to be. Likewise, the parties who own, control,
or operate the sites at which such hyperlinks are directed do not necessarily
have knowledge of, endorse, sponsor or approve of the hyperlink or Content
contained at the HP Video Store. Links to other web sites are provided solely
as a convenience to you. If you decide to link to any such third-party web
sites, you do so entirely at your own risk.
16. Disclaimer of Warranties; Limitation
of Liability
HP DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME HP MAY
REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY
TIME, WITHOUT NOTICE TO YOU. HP DOES NOT REPRESENT OR GUARANTEE THAT THE
SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE,
HACKING OR OTHER SECURITY INTRUSION, AND HP DISCLAIMS ANY LIABILITY RELATING
THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.
HP OFFERS THE SERVICE AND CONTENT FOR ENTERTAINMENT PURPOSES ONLY. NEITHER HP
NOR THE CONTENT PROVIDERS WARRANT OR REPRESENT THE TRUTH OR VALIDITY OF THE
INFORMATION CONTAINED ON THE SERVICE AND NEITHER HP, THE SERVICE PROVIDERS NOR THE
CONTENT PROVIDERS ARE RESPONSIBLE FOR ERRORS IN OR OMISSIONS FROM THE
INFORMATION CONTAINED OR ACCESSED THROUGH THE SERVICE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE AND ALL CONTENT AND SERVICES DELIVERED TO YOU
THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE"
FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO
THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED
WARRANTIES MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT,
CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL HP OR ITS CONTENT PROVIDERS, OR
ANY OF ITS OR THEIR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS
OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY, INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE
ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE
OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY
CONTENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN
AUTHORIZED REPRESENTATIVE OF HP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL HP
BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE FEES PAID BY YOU
IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD
PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR (2) $100.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE
RISK, AND HP HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR
LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
HP MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR
SYSTEM WILL BE COMPATIBLE WITH THE CONTENT OR THE SERVICE OR THAT ANY SOFTWARE,
EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL FUNCTION IN ANY
MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT
AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE CONTENT AND
THE SERVICE.
17. Waiver and Indemnity
By using the Service, you agree to indemnify and hold HP, its directors,
officers, employees, affiliates, agents, contractors, Service Providers and
Content Providers harmless with respect to any claims arising out of your
breach of this Agreement, your use of the Service or the Content, or any action
taken by HP as part of its investigation of a suspected violation of this
Agreement or as a result of its finding or decision that a violation of this
Agreement has occurred. HP reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any such matter without the prior
written consent of the HP Video Store website. You agree to cooperate as fully
as reasonably required in the defense of any claim. You cannot sue or recover
any damages from HP, its directors, officers, employees, affiliates, agents,
contractors, Service Providers, and Content Providers as a result of its
decision to remove or refuse to process any information, any failure to provide
any Service or Content, the nature or Content of any Service or Content, or any
failure to warn you, to suspend or terminate your access to the Service, or to
take any other action during the investigation of a suspected violation or as a
result of the HP's conclusion that a violation of this Agreement has occurred.
18. Changes
HP reserves the right, at any time and from time to time, to update, revise,
supplement, and otherwise modify this Agreement and to impose revised, new or
additional rules, policies, terms, or conditions on your use of the Service
("Additional Terms"). Such Additional Terms will be effective
immediately and incorporated into this Agreement. You agree to review this
Agreement periodically to be aware of any Additional Terms. Your continued use
of the Service following the posting of any Additional Terms will mean that you
accept and agree to the Additional Terms. All Additional Terms are hereby
incorporated into this Agreement by this reference.
19. Governing Law; Remedies
The laws of the State of
You understand and agree that any unauthorized use of the Service (including
all elements thereof), the Content, or any related software or materials, would
result in irreparable injury to HP and/or its affiliates or Content Providers
for which money damages would be inadequate, and in such event the HP, its
affiliates and/or Content Providers, as applicable, shall have the right, in
addition to other remedies available at law and in equity, to immediate
injunctive relief against you, without the need to post bond or any other
security. Nothing contained in this paragraph or elsewhere in this Agreement
shall be construed to limit remedies or relief available pursuant to statutory
or other claims that the HP, its affiliates and/or Content Providers may have
under separate legal authority, including but not limited to, any claim for
intellectual property infringement.
Your sublicense to use the Content shall terminate automatically, without
notice or demand, upon any breach of this Agreement by you. Upon any such
breach, you hereby agree to delete all Content resident in your Authorized
Devices and to return to HP all Content contained in any back-up media.
20. No Assignment
You agree not to assign, transfer or sublicense your rights as a customer of
the Service. You agree to be financially responsible for all usage or activity
on your Account.
21. Force Majeure
HP shall not have any liability to you hereunder by reason of any delay or
failure to perform any obligation or covenant if the delay is caused by force
majeure, meaning any act of God, storm, fire, casualty, unanticipated work
stoppage, power outage, satellite failure, strike, lockout, labor dispute,
civil disturbance, riot, war, national emergency, act of government, act of
public enemy, or other cause of similar or dissimilar nature beyond its reasonable
control.
22. Miscellaneous
This Agreement, together with the Usage Rules, all Terms & Conditions and
Privacy Policy for the HP Video Store, constitute the entire agreement between
you and HP regarding the Service and govern your use of the Service,
superseding any prior agreements between you and HP relating to the Service.
You also may be subject to additional terms and conditions that may apply when
you use affiliate services, third-party Content, or third-party software. If
any part of this Agreement is held invalid or unenforceable, that portion shall
be construed in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect. HP's failure to enforce any right or
provisions in this Agreement will not constitute a waiver of such provision, or
any other provision of this Agreement. HP will not be responsible for failures
to fulfill any obligations due to causes beyond its reasonable control. HP
obtains permission from various Service Providers, various Content Providers, including, without
limitation, movie studios and other Content owners to make their Content
available to you through the Service. You agree that the respective Service
Providers and Content Providers are intended, and are hereby expressly made,
third-party beneficiaries under this Agreement with the right to enforce the
provisions of this Agreement that directly concern their Service and/or Content
to the same extent as if such Service Providers and Content Providers were a
party to this Agreement. This Agreement shall be fully enforceable in every
respect, at law or in equity, by each such Service Provider and/or Content
Provider as third party beneficiaries. The headings of the various sections
herein are for convenience of reference only and shall not define, limit or
otherwise affect any of the terms or provisions hereof.
Video Download Terms
& Conditions
1. Technical Requirements
Content and Service Requirements. You acknowledge that use of Content
requires other hardware and software tools (e.g., rendering performance of Content
on authorized digital player devices, as described below), and that the
acquisition and proper use of such hardware and software is your sole
responsibility. In addition to the fees payable for the Service, you are
responsible for all charges associated with connecting to the Service,
including without limitation all telephone, cable or other access charges
(including long-distance charges, when applicable), computer equipment,
internet service provider and any other connection or service fees necessary to
access the Service. Once any Content is downloaded, and you receive it, HP and
the Content Providers shall be without liability to you in the event of its
loss, destruction or damage. Before using the Service, you must first install
Microsoft Corporation's Windows Media Player 10, and Microsoft.NET 2.x, or
higher or newer versions thereof. HP reserves the right to change at any time,
with or without prior notice to you, the software required to download,
transfer, copy and use or limit use of the Content.
2. Software
Use of the
Services includes and requires your use of the HP Digital Media Player software
("Software"), owned by HP, its affiliates and/or its licensors or
Service Providers (as defined below). HP hereby grants you a limited,
non-exclusive, non-transferable, non-assignable, revocable license to install
and use the Software, pursuant to the terms hereof, to connect to and use the
Service only. By installing or otherwise using any portion of the Software, you
agree to use the Software as provided in this Agreement. If you do not agree to
the terms of this section, you are not authorized to use the Software. Upon any
termination of the Service, simply discontinue using the Software and uninstall
all copies of the Software from your authorized device(s). The Software,
including software components furnished to HP under license, is provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Hewlett-Packard
Company,
In order to download to and view video
download versions of Content on a personal computer using the Service, you will
need to install the Software on those types of Authorized Devices and agree to
the License Terms set forth in Section 3 of Video Download Terms &
Conditions below. The Software may operate on your Authorized Device
continuously for a variety of reasons, including the management of your
Content. The Software also will access the Internet in order to perform a
number of functions including as described below:
a.
Software Upgrades. We
will upgrade the Software from time to time to introduce new Software features
and otherwise enhance the Software and the Service. We recommend that you
accept and install upgrades we make available to you promptly after we release
them. The Software automatically checks for upgrades, but the Software
will not automatically upgrade without your consent, unless you provide us your
consent to automatic upgrades. If we determine that an upgrade is
necessary to comply with law, or to protect the rights, safety or property of HP
or others, we may make a particular upgrade required for continued use of the
Service.
b.
Information Provided. HP
respects your privacy, and the Software will not access computer files or other
information on your computer that are not used by or otherwise related to the
Service. Among other things, the Software will provide HP and its Service
Providers with information related to the Content on your Authorized Device, your
use of it and information regarding your Authorized Device and its interaction
with the Service. This information will enable HP to manage rights
associated with the Content, allow HP to help you use the Service more
effectively and otherwise help HP to enhance and improve the Service. For
example, the Software may provide HP with information about the Content from
the Service on your Authorized Device, whether it has been deleted and whether
it has been viewed. The Software may also provide HP with information
about your Authorized Device's operating system, software, amount of available
disk space and Internet connectivity, such as whether your computer or other
device is available online. This information will, among other things,
help us deliver Content to you more efficiently and effectively.
c.
Removal of Software.
The Service is designed to allow you to view purchased video download versions
of Content (as defined below) on more than one Authorized Device simultaneously
and to transfer Content you have initially downloaded to one Authorized Device
onto other Authorized Devices. For this reason, if you
"uninstall" the Software on an Authorized Device through the
Software's "uninstall" feature, or otherwise remove the Software from
an Authorized Device, you will no longer be able to view the Content you have
downloaded to the Authorized Device on the "uninstalled" Authorized
Device. You will, however, be able to transfer that Content for viewing
on another Authorized Device.
Other
Software. HP will
obtain your consent before allowing the download of any other software from the
HP site, and HP will not automatically download any software to your computer
system. You understand and agree that any material, including but not limited
to any other downloaded software, required or automated updates, modifications
or reinstallations, or other third party software that you may obtain to use
the Service, will be undertaken at your own discretion and risk and that you
will be solely responsible for any damages to your computer system or loss of
data that may result from any such material.
Downloading and Risk of Loss. You are required to download the Content
promptly after purchase. If you are unable to complete a download of the Content
for any reason, please contact Customer Service immediately via email. You will bear all risk of loss if you do not
complete the download of Content on a timely basis. Likewise, you are
responsible for making a back-up copy of your encrypted Content files. You will
also bear all risk of loss for the Content once downloaded or when transferred
to your Authorized Devices (as defined in Section 5), including, without
limitation, any loss of Content due to file corruption or computer failure,
such as a hard drive crash.
3. License Terms
Upon your payment of the applicable fees, HP grants you a limited,
non-exclusive, non-transferable, non-assignable, revocable and
non-sublicenseable sublicense under copyright laws to create and store a copy
of the Content you have sublicensed, and to view, use and display such Content
privately, for personal, noncommercial use in your Residence, subject to and in
accordance with the terms of this Agreement. "Residence" shall mean a
private residential dwelling unit, but also includes a private individual
office unit, as well as personal, noncommercial use on certain limited portable
players, as described below. The term "Residence" excludes public
exhibition in hotel rooms, motel rooms, hospital patient rooms, air travel,
restaurants, bars, prisons, barracks, drilling rigs and other structures,
institutions or places of transient or work-related residence as well as
places, areas, structures, rooms or offices that would result in a public
exhibition of the Content through the use of common areas, or areas open to the
public or to occupiers of separate Residences, and further excludes any
location for which an access, admission or any other fee is charged. However,
personal, non-commercial private viewing through the use of your Authorized
Devices in such otherwise prohibited locations is allowed.
Your sublicense will permit you to sublicense and download video download
versions of the Content only within the Territory (as defined in Section 4 of
the Site Terms & Conditions) and to access and display the Content only
using Authorized Devices, depending on the particular rights sublicensed with
each order, as described in the Usage Rules. "Authorized Devices"
consist of at least one personal computer or laptop, and up to three (3)
additional devices, that runs Microsoft Windows XP or later operating system
and Microsoft Windows Media Digital Rights Management software version 10 or
follow on versions. The Content that you download will only be playable using
the Authorized Device registered with HP, to which the Content has been
downloaded, and, if applicable, the Authorized Devices, to which you have
transferred such Content, based on the particular rights you have purchased.
Except only for the rights expressly granted to you in this Agreement, all
rights in and to the Service and the Content are reserved by HP, its Service
Providers and/or its Content Providers. Any copy or use of any portion of the
Service or the Content other than as expressly permitted in this Agreement
shall constitute an act of copyright infringement and a breach of this
Agreement. Furthermore, HP, its Service Providers and/or its Content Providers
may, in its or their sole discretion, terminate your license to any Content
and/or pursue any other available rights or remedies at law or in equity for a
violation of this Agreement or such copyright infringement.
Any exporting capabilities permitted by the Usage Rules are solely an
accommodation to you and shall not constitute a grant or waiver of any rights
of the copyright owners or the Content Providers in any Content, including
without limitation, video, sound recording, underlying musical compositions,
artwork or other copyrightable matter embodied in any Content. Except as
expressly provided by this Agreement, no right, title or interest in any Content
or software is transferred to you as a result of any downloading or use of the Content
nor shall any sublicense granted to you constitute a waiver of any rights of HP
and/or its Content Providers with respect to any Content. All rights in the
Service and the Content are owned by or licensed by HP and/or its Content
Providers, respectively.
You may not copy, reproduce, transfer or download (except as expressly
authorized by this Agreement), re-license, reverse engineer, decompile,
disassemble, translate, publish, transmit, distribute, display, broadcast,
re-broadcast, redistribute, modify, create derivative works from, capture or
store in any physical media, market, rent, sell, lease, sublicense, or
participate in any sale of or exploit in any way, in whole or in part, directly
or indirectly, any Content, the Service or any related software. Except as
provided by the Usage Rules (including the right to make permitted back-up
copies), you agree that you will not duplicate or otherwise reproduce
(including but not limited to "burning") the Content, or any portion
thereof, onto any physical medium, memory or device including but not limited
to CDs, DVDs, VCDs or any other such device or medium now known or hereinafter
devised. You may "cache" pages of the Service for the sole purpose of
increasing the speed and efficiency at which you access the Service in the
future. However, no other copying or use of any portion of the Service is
permissible except as specifically permitted in this Agreement. Links to the
Service, other than to the home page, are only permitted upon express
permission from and arrangement with HP. You may not reverse engineer,
decompile, disassemble, translate, modify, erase, delete, damage or disable any
computer file, software, security technology, copy protection or use limitation
systems associated with the Service or the Content. You may not play and then
re-digitize any Content, or upload the Content to the Internet. You may not use
the Content in conjunction with any other third-party content (e.g., to provide
sound for a different film). You may not sell or offer to sell the Content,
including but not limited to, posting any Content for auction, on any Internet
auction site.
You may not: (i) frame or link to the HP Video Store except as expressly
permitted in writing by HP; (ii) modify the Service or the Content in any way,
including but not limited to, removing any proprietary notices or labels on the
Content; (iii) use the Service or the Content in conjunction with any device or
service designed to circumvent, avoid, bypass, remove, deactivate, impair, or
otherwise defeat, technological measures that control access to, or the rights
in, a Content file or other work protected by the copyright laws of any jurisdiction;
(iv) use the Service to invade the privacy of, or obtain personal information
about, any other HP Account holder or user, or to obtain a list of HP Account
holders or users; (v) use the Service or the Content to violate any legal right
of any third party, including any Content Provider or any publicity or privacy
right, copyright or other intellectual property right, or to take any action
that is harassing, libelous, defamatory, abusive, tortuous, threatening,
harmful or otherwise objectionable; (vi) counterfeit or paste Content from the
Service to any other web site or web page; (vii) publicly display any portion
of the Service or the Content, or any videos or other audiovisual or digital
works available at HP without a written sublicense signed by a party authorized
to legally bind HP; or (viii) use any data mining, robots, or similar data
gathering and/or extraction tools in connection with the Service. In addition,
you agree that you will not attempt to, or encourage or assist any other person
to, circumvent or modify any Content or the Usage Rules. HP Content Providers
are expressly made third party beneficiaries of each of the sublicense and use
restrictions set forth in this Section.
WITHOUT LIMITING ANY PROVISION HEREIN, HP MAKES NO WARRANTY THAT ANY PARTICULAR
AUTHORIZED DEVICE WILL BE COMPATIBLE WITH THE SERVICE. IT IS YOUR SOLE
RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL
FUNCTION CORRECTLY.
The delivery of the Service or the Content does not transfer to you any
commercial or promotional use rights in the Service or the Content.
4. Usage Rules
Standard Definition Format. You
may download video download versions of Content identified on the Service as
"Standard Definition Format" Content to an Authorized Device
(personal computer or laptop) and up to three (3) additional devices that run
Microsoft Windows XP, Microsoft Windows Media Player Version 10 and Microsoft
.NET 2.x or later or newer versions thereof. You may play such video Content an
unlimited number of times on such Authorized Device(s). STANDARD DEFINITION CONTENT WILL NOT PLAY ON
PORTABLE DEVICES.
Back-Up Files. You are permitted
and encouraged to make a back-up file of the encrypted Content on DVD or other
storage media, in the same format as the original download file, to play on
your Authorized Device(s). Such back-up files only can be played on your
Authorized Device(s) with valid licenses and, if copied to a DVD, will not be
playable on a traditional DVD player.
Home Networking. Home Networking
facilitated by use of Windows Media DRM 10 for Network Devices is the only
localized home network for connection to consumer audio-video devices within
your home that is authorized for use with the Service. Unless otherwise
specifically authorized, you are not permitted to access or view Content using
any other Home Networking technology.
Private Use. Display of the Content
is restricted to private, non-commercial use. This means a private residence,
but also includes a private individual office unit, as well as private,
noncommercial use outside your residence on your Authorized Device(s), based on
the particular rights you have purchased. The term "residence"
excludes public exhibition in hotel rooms, motel rooms, hospital patient rooms,
air travel, restaurants, bars, prisons, barracks, drilling rigs and other
structures, institutions or places of transient or work-related residence as
well as places, areas, structures, rooms or offices that would result in a
public exhibition of the Content through the use of common areas, or areas open
to the public or to occupiers of separate residences, and further excludes any
location for which an access, admission or any other fee is charged. However,
personal, non-commercial private viewing through the use of your Authorized
Device(s) in such otherwise prohibited locations is permitted.
Harmony
Digital Media Consortium, LLC
Prepaid
Gift Card Terms & Conditions
The Prepaid Gift Cards (“Gift
Cards”) are special purpose stored value gift cards issued by Harmony Digital
Media Consortium, LLC (“Harmony”), a
Gift Cards may be redeemed exclusively
through the BGCA Video Store subject to the terms and conditions contained on
the pages of this website and those on the Gift Card Carrier and the Gift Card
itself. Terms and conditions regarding
the Gift Card may be changed from time to time and without notice by Harmony.
Harmony has contracted with Hewlett-Packard
Company (“HP”) to provide, as applicable, digital download services and DVD
product fulfillment on the BGCA Video Store.
For all transactions on the BGCA Video Store, HP is the merchant of
record and is responsible for the administration of the BGCA Video Store.
Please read the Terms and Conditions
contained on this website carefully as they form a legal agreement between you,
Harmony and HP (“Website Agreement). Before you can purchase any content, you
will be asked to accept all the terms and conditions of the Website Agreement.
By checking the box accepting this Website Agreement and by purchasing the
content, you fully and irrevocably accept and agree to be bound by this Website
Agreement. If you do not wish to accept all the terms of this Website Agreement,
you will not be able to purchase the content.
HP reserves the right to change the Terms and Conditions relating to the
BGCA Video Store and your use of the content at any time and without notice.
1. Registration and Redemption.
Gift Cards purchased in the
Except as stated otherwise, data
collection and use are subject to HP’s Global Master Privacy Policy at http://www.hp.com/hpinfo/globalcitizenship/privacy/.
To shop and complete your purchase
from the BGCA Video Store website you must have Internet access (fees may
apply) and the latest version of Windows XP or Windows Vista. In addition, to purchase digital downloads
you must have Windows Media Player 11 compatible software and hardware
(purchased separately). Use of Microsoft and other providers’ software is
subject to acceptance of their respective software license agreement(s)
presented at the time of installation.
Playback of physical DVD content requires compatible DVD hardware. Not
all products listed on the BGCA Video Store website may be available as a
digital download.
2. Use of the Gift Cards.
The Gift Card is non-reloadable and non-refundable, and will not be replaced
if lost, stolen, destroyed, damaged, or used without your permission, except
where required by law. The card and its
stored value does not expire and is not subject to service fees. Any unused
balance remains on the card. Except as required by law, unused balances of Gift
Cards are not redeemable for cash and cannot be returned for a cash refund,
exchanged, resold, or used to purchase additional Gift Cards. Multiple Gift Cards may be used for a single
purchase from the BGCA Video Store website.
Accepted credit cards may also be used alone or in combination with one
or more Gift Cards to purchase content from the BGCA Video Store website. Prepaid Gift Card cash value is 1/10 of one
cent. Rules in the U.S. vary from state
to state and some or all of these restrictions may not apply to you.
3. Privacy Policy and COPPA
Compliance. Harmony and HP are committed to protecting
and safeguarding the confidentiality of any and all information about persons
creating accounts and redeeming Gift Cards.
Harmony and HP have established and agreed to comply with the
Hewlett-Packard Company Online Privacy Statement. You may view this Online Privacy Statement at
http://welcome.hp.com/country/us/en/privacy.html.
Further, the Gift Card and the HP
Video Store website comply with the requirements of the Child Online Privacy
Protection Act of 1998, 15 U.S.C. §§ 6501-6506 (“COPPA”).
If you are a parent or guardian of a
child under 13 years of age, you can request us to: (1) provide you with a
description of the specific types of personal information we collect from
children; (2) cease using personal information about your child, delete all
such information, and refuse to collect personal information about your child
in the future (in which case we will have to terminate your child’s ability to
use an activated Gift Card on our website); and (3) provide you with a means of
reviewing any personal information collected from your child.
Should you have any questions or
concerns about privacy or our COPPA compliance, please visit the HP Privacy
Feedback site at http://welcome.hp.com/country/us/en/privacy/privacy_contact.html.
4.
Respect for Content Security and Abuse. You agree to abide
by the rules contained in these terms and conditions and the content security
rights and restrictions established by the individual content owners. Content purchased from the BGCA Video Store website
is for personal lawful use only. No unauthorized reproduction, duplication,
retransmission, or sharing is allowed. Harmony
and HP reserve the right to close customer accounts and request alternative
forms of payment if a Gift Card is fraudulently obtained or used on the BGCA Video
Store website.
5. NO WARRANTY.
HARMONY (THE PREPAID GIFT CARD ISSUER), HP (FULFILLMENT SITE OPERATOR)
AND BGCA (NONPROFIT PARTICIPANT) AND THEIR RESPECTIVE LICENSEES, AFFILIATES AND
LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT
CARDS OR THE BGCA VIDEO STORE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE
EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY,
SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES, AND THUS SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER
YOUR LOCAL LAW.
6. Acceptance of Terms and Conditions and Merchant of Record. The purchase or use of a Gift Card constitutes acceptance of these terms and conditions and the Website Agreement. All Gift Cards are deemed to be issued in the State of Virginia. Harmony is the issuer of the Gift Cards. HP is the merchant of record for content purchased from the BGCA Video Store website. Harmony, HP and the content owners/licensors whose content is included on the BGCA Video Store website reserve the right to change some or all of these terms and conditions from time to time at their sole and absolute discretion and without notice.
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