Last Modified: December 19, 2016
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
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
Promotional Codes, Gift Cards, Products
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 [INSERT URL TO RETURN POLICY] (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
User Provided Content
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.
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.
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.
Governing Law and Jurisdiction
Waiver and Severability
Claims of Copyright Infringement
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.
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