Website Terms of Use

Last Modified: December 19, 2016

Acceptance

These Terms of Use (these “Terms of Use”) are entered into by and between you, the user of this website (“you” or “your”) and Vintage Stock, Inc. (“VSI”, “we” or “us”) and govern your access to and use of VSI’s websites, including without limitation, www.vintagestock.com and www.movietradingcompany.com (each, a “Website”) and any accounts, applications, content, products, functionality, and services offered by VSI on or through the Website (collectively referred to as the “Services”).

Please read these Terms of Use carefully. By accessing and using the Website or Services, you accept and agree to be bound and abide by these Terms of Use and our privacy policy for the Website found at (the “Privacy Policy”). If you do not agree to these Terms of Use or the Privacy Policy, you may not use the Website or Services. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and VSI with respect to the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website and Services. As used in these Terms of Use, the words “including” and “include” mean “including, but not limited to.”

In reference to the Children’s Online Privacy Protection Act (“COPPA”), this Website and the collection of data through the use of the Website are not offered nor available to users who are 13 years of age or younger. By using the Website, you represent and warrant that you are not below the age of 13. If you do not meet these requirements, you may not access, use, or install the Website. Please see our Privacy Policy for more information on our Website and COPPA.

We may revise and update these Terms of Use and the Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of such revisions means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you.

VSI is a Missouri corporation based in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Third Party Website and Content

The Website may be made available or accessed in connection with third party services and content, and third party services may be utilized in connection with the Website (including payment solutions) provided by third parties (“Third Party Providers”) that VSI does not control (including the collection of payment information). You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Providers’ services, websites, and content. VSI does not endorse such Third Party Providers’ services, websites, and content and in no event shall VSI be responsible or liable for any products or services of such Third Party Providers.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Use of Website and User Accounts

Subject to your compliance with these Terms of Use, VSI grants you permission to access and use the Website solely for your own personal use as set forth in these Terms of Use and consistent with the intended features and functionality of the Website. All rights not expressly granted to you in these Terms of Use are reserved by VSI. You may not download, print, or store any of the content on the Website (“Site Content”) without the advance written permission of VSI or other copyright holder, as applicable, of such Site Content. VSI reserves and does not waive any and all intellectual property rights of VSI and/or its licensors and other rights holders in and to the Site Content. For clarity, Site Content does not include User Content (defined below) that you post on the Website.

In order to use certain features of the Website, such as ordering products or posting comments, you may be required to register for an online account (“User Account”). You are responsible for maintaining the confidentiality of the user name and password for your User Account, and you acknowledge and agree that you are responsible for all activities performed using your User Account. You may not register for a User Account if you are under the age of 18. Products, including products for children, may be purchased on the Site only by adults. Persons under the age of 18 may only review the Website, and may do so only with the involvement of a parent or guardian. Your User Account is personal to you and may not be transferred to or used by any other person or entity. You consent to all actions we take with respect to your information, consistent with our Privacy Policy. You also agree to ensure that you exit from your User Account at the end of each session. We will not be liable to you for any unauthorized access to or use of your user name or password or any other breach of security.

Your use of the Website shall not cause nuisance, annoyance, inconvenience, or property damage, whether to VSI, its customers, a Third Party Provider, or any other party. You agree to comply with all applicable laws when using the Website, and you may only use the Website for lawful purposes. In certain instances you may be asked to provide proof of identity to access or use the Website, and you agree that you may be denied access to or use of the Website if you refuse to provide acceptable proof of identity. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Promotional Codes, Gift Cards, Products

VSI may, in VSI’s sole discretion, create promotional codes that may be redeemed for products or other features or benefits related to the Website and/or VSI’s products and goods, subject to any additional terms that VSI establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by VSI; (iii) may be disabled by VSI at any time for any reason without liability to VSI; (iv) may only be used pursuant to the specific terms that VSI establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. VSI reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that VSI determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms of Use. VSI’s “Cooler than Cash” cards may not be used in connection with any Promo Code.

VSI may, in VSI’s sole discretion, issue or create gift cards or store value cards, including our “Cooler than Cash” cards (collectively, “Value Cards”) for use in VSI’s stores. In store, you may be able to load denominations of your choice on such Value Cards or in exchange for certain value of goods and products. Value Cards cannot be returned or redeemed for cash, except where required by law, and must be presented at the time of purchase. VSI’s “Cooler than Cash” cards may only be used in-store and may not be used for online purchases. Neither the Value Card nor its value can be replaced or restored if the Value Card is used without your permission, stolen, or altered. If a Value Card is lost or destroyed, VSI may, in its sole discretion, cancel the lost or destroyed Value Card and issue a replacement Value Card to you; provided, that, you have the original Value Card’s issuing receipt. Value Cards may expire prior to your use.

VSI is not responsible for lost or stolen checks. We may, in our sole discretion, replace a check issued as payout, subject to a stop payment and reissue fee; provided, that, you have the original issuing receipt for your purchase.

VSI sells videos and other products both in stores and online through the Website. Specific videos, videogames, cds, and other products shown on this Website are not guaranteed to be in stock at any particular location. Please contact a VSI store directly for specific product availability. If you are not satisfied that your item is as described, please review our return policy, located here (the Return Policy) for instructions regarding the return of the item you purchased. You agree that if you are not satisfied with any purchase, VSI’s refund of your purchase price in exchange for the return of such item to VSI, as stated in the Return Policy, is your sole and exclusive remedy from VSI.

Occasionally, an item will be listed for sale on the Website that has already been sold. This may be caused by system or human delays in updating our databases after the item is sold. If you order an item that is not actually available (even if the Website says otherwise), your order will be canceled and your payment will be refunded, and you understand and agree that VSI shall have no obligation to provide you with the item. VSI attempts to be as accurate as possible. However, VSI does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product offered by VSI itself is not as described, your sole remedy is to return it in unused condition.

Although rare, it is possible that an item shipped via any shipping method could be lost in transit. If an item is not received within forty-five (45) days after the shipment date, please notify the VSI customer service at 417-206-0021. Claims for lost orders must be submitted to customer service no later than sixty (60) days from the date your item was shipped – after that date, VSI cannot be reasonably confident in its ability to track the shipment and you will forego the possibility of a refund or replacement. Please note that if your User Account information is incorrect or inaccurate, VSI will be unable to process your purchase and your purchased items may not be delivered and VSI shall not be liable to you for any such incomplete, lost, or undelivered item.

Charges; Financial Data

You understand that use of the Website may result in charges to you for the products or goods you receive as well as charges for service fees incurred by VSI in providing the Website and its products and goods (“Charges”). Charges may be inclusive of applicable taxes, where required by law. Charges paid are final and non-refundable, unless otherwise determined by VSI. All Charges are due immediately and payment will be facilitated by VSI and its agents using the means of payment associated with your User Account. If your User Account payment method is expired, invalid or otherwise not able to be charged, you agree that VSI and its agents may use a secondary payment method in your User Account, if available.

Collection and Use of Your Information

You acknowledge that when you download, install, or use the Website, VSI may use automatic means (including, for example, cookies and web beacons) to collect information about your IP addresses and about your use of the Website. All information we collect through or in connection with the Website is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

User Provided Content

The Website may contain message and feedback boards, ratings, personal profiles, forums, user portfolios, product reviews, address books, and other interactive features (collectively, the “Interactive Website”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post through the Website will be considered non-confidential and non-proprietary. By providing any User Contribution to the Website, you grant us and our affiliates and service providers and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to your User Account settings.

You represent and warrant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns; and (b) all of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute, and you, not VSI, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

We have the right to (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for VSI; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement for any illegal or unauthorized use of the Website; and (e) terminate or suspend your access to all or part of the Website for any reason, including any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials through the Website. YOU WAIVE AND HOLD HARMLESS VSI AND ITS AFFILIATES, OTHER LICENSORS, AND OTHER SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all material before it is posted through the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

These content standards (“Content Standards”) apply to any and all User Contributions and use of the Interactive Website. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity or advocate, promote, or assist any unlawful act; (g) Impersonate any person or misrepresent your identity or affiliation with any person or organization; or (h) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Trademarks

VSI’s trademarks and trade dress may not be used in connection with any product or service that is not VSI’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VSI. All other trademarks not owned by VSI that appear in the Website or Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VSI. All VSI trademarks and trade dress are the sole and exclusive property of VSI and no license is granted to you through your use of the Website or Services or pursuant to these Terms of Use to the same.

Disclaimers; Limitations of Liability; Indemnity

You acknowledge and agree that we do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND SERVICES OR ANY ITEMS OBTAINED THROUGH THE WEBSITE AND SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE WEBSITE AND SERVICES, THEIR CONTENT, AND OTHER ITEMS OBTAINED THROUGH THE WEBSITE AND SERVICES (INCLUDING YOUR USERNAME, PASSWORD, PAYMENT INFORMATION, AND OTHER PERSONAL INFORMATION) IS AT YOUR OWN RISK. THE WBSITE, SERVICES, THEIR CONTENT, AND ANY OTHER ITEMS OBTAINED THROUGH THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VSI NOR ANY PERSON ASSOCIATED WITH VSI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER VSI NOR ANYONE ASSOCIATED WITH VSI REPRESENTS OR WARRANTS THAT THE WEBSITE, SERVICES, THEIR CONTENT, OR ANY ITEMS OBTAINED THROUGH THE WEBSITE AND SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, SERVICES, OR ANY ITEMS OBTAINED THROUGH THE SAME WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

VSI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VSI, ITS LICENSORS, OTHER SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBISTE, SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, OR ANY ITEMS OBTAINED THROUGH THE WEBSITE, SERVICES, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT IN NO EVENT SHALL VSI’S TOTAL LIABILITY TO YOU RELATED TO THE WEBSITE OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT, IF ANY, YOU HAVE PAID VSI FOR THE PRODUCT OR SERVICE AT ISSUE, OR (B) $100.00, WHICHEVER IS LESS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless VSI, its affiliates, licensors, and other service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use and your use of the Website and Services, including, but not limited to, your User Contributions, your User Account, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website, Services, and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction). The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from the interpretation of these Terms of Use.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website and Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, in each case located in the State of Missouri, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country and also retain the right to submit all claims to binding arbitration located in Joplin, Missouri. You waive any and all objections to the exercise of jurisdiction and venue over you by such courts or arbitration panels.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE AND SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by VSI of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VSI to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Claims of Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact us using the contact information on the last page of this Terms of Use.

Cumulative Remedies

All rights and remedies provided hereunder for VSI are cumulative and not exclusive, and the exercise by VSI of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available to VSI at law, in equity, by statute, in any other agreement between the parties or otherwise.

General

You may not assign your rights or delegate your obligations under these Terms of Use without VSI’s prior written approval. VSI may assign its rights or delegate its obligations under these Terms of Use without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of VSI’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, VSI, or any of VSI’s officers, directors, employees, agents, licensors, or other service providers as a result of these Terms of Use or your use of the Website.

Your Comments and Concerns

All notices, feedback, comments, requests for technical support, and other communications relating to the Website should be directed to VSI at:
Vintage Stock, Inc.
202 East 32nd Street
417-623-1550
comments@vintagestock.com