Terms of Service
1.
Terms and Conditions
2.
How gogaydvd.com Works
3.
Privacy
4.
Managing Your Password and Your Account
5.
Website Content
6.
Intellectual Property
7.
Limitations on Liability and Disclaimers of Warranties
8.
Use of Submitted Information
9.
Site and Service Testing
10.
Electronic Communications
11.
Your Conduct on the gogaydvd.com website
12.
Use Limitations
13.
Termination Rights
14.
Links
15.
Claims of Copyright Infringement
16.
Disputes
Terms
and Conditions
This website,
gogaydvd.com is provided by Organ Barn Management Co. Inc. By using and
browsing this site you agree and accept to be bound by these Terms of Serive. If
you do not agree with these Terms of Serive, you should not use the gogaydvd.com
website and service. These Terms of Service are an ongoing contract between you and
Organ Barn Management Co. Inc. and its partner, After Stonewall Inc. Organ Barn
Management Co. Inc., reserves the right, with or without notice to you change
these Terms of Service in our sole discretion. Such modifications will be effective
immediately upon being posted of on the gogaydvd.com site. You can review the
most current version by clicking on the "TOS" link located at the
bottom of each page on gogaydvd.com website. Your continued use of gogaydvd.com
or continued use of our service after changes are made means that you agree to
be bound by such changes.
How
gogaydvd.com Works
Gogaydvd.com is an online DVD rental service, which
provides access to its DVD library of motion picture, television and other
filmed entertainment to its members. Our membership plans allow subscribers to
rent DVDs, with no late fees, shipping charges or due dates. Gogaydvd.com
offers two rental membership plans with different price levels, no special promotional
rental plans are provided at this time. With both plans, subscribers select DVD
titles at our website, receive them by the US Postal Service. In order to
protect the privacy of our members, we use generic envelopes addressed from/to Organ
Barn Management Co. Inc. You simple watch your DVD selection and when finished,
return them by using our prepaid mailers. After a title is returned, we mail
the next available title. We reserve the right in our sole and absolute
discretion to make changes from time to time and without notice in how we
operate our service. Please view our Frequently Asked Questions and Help pages
for further information on the number of DVDs you can rent at a time, delivery
method and speed, no due dates or late fees and your wishlist.
Distribution, Delivery and Return of DVD rentals: We reserve the right to
process orders and otherwise allocate and ship DVDs to our members in any
manner that we, in our sole and absolute discretion, determine. In addition, we
will, in our sole and absolute discretion, determine the quantity of DVDs we
purchase for any particular title and number of shipments to be processed at
our distribution center. Please be advised that we may not always send you the
top choices from your wishlist, or ship your next DVD on the same day that we
receive one from you. At present, our goal is to ship you the DVDs listed
highest in your wishlist, and to get your movies out to you quickly. Usually,
on the same day that we receive a DVD from you, we will ship the next available
DVD from your wishlist. In certain instances, your next available DVD will not
ship until at least one business day following our receipt of your returned
movie. This can occur, for example, when your top choices are not available to
you from our distribution center or the number of shipments to be processed by
the distribution center on that day has been exceeded. When one or both of
these conditions exist, your DVD will likely ship on the next business day. In
determining priority for shipping and inventory distribution, we may utilize
many different factors, including without limitation, the subscription plan you
select, as well as other uses of our service by you. The type, number, mix and
weighting of the various factors impacting shipping and inventory distribution
will change from time to time and will be made in our sole and absolute
discretion. The actual number of DVDs you rent in any month may vary, depending
on your viewing habits and our operational practices; you may experience
differentiated service during the course of your membership. Such service may
be different from the service we provide to other members on the same
membership plan. The type of differentiated service you may experience
includes, the shipment of your next available DVD occurring at least one
business day following return of your previously viewed movie, delivery taking
longer, depending upon the distance of your location from our distribution
center and the movies you receive coming from lower in your wishlist more often
than our other members. These effects will not occur unless we are faced with
limited inventory at our distribution center or when the number of shipments to
be processed on that day is exceeded. Our plans do not have a monthly limit on
the number of DVDs you can rent. Other factors that may affect delivery times,
include, but are not limited to, the distance between the distribution center
from which your DVD was shipped and your delivery address, the timing of your
placement or adjustment of movies in your wishlist, circumstances impacting
delivery by the U.S. Postal Service and any unplanned downtime of our computer
systems. We receive mail from the US Postal Service and process returns Monday
through Friday, except Holidays. Generally all of the returns are processed on
the same day received. You can check the status of your DVD arrivals and returns
by using the "in hand DVDs" and "returned DVDs" links provided in the members
section on the left side of each page.
We make no guarantee as to the shipping and delivery of DVDs and may, in our
sole and absolute discretion, change our business practice regarding
distribution, delivery and shipping, without notice. These Terms of Service from
time to time may be revised; you may not necessarily receive notice of the
revisions. It is up to you to review the Terms of Use to determine if there
have been changes.
Billing: By using the gogaydvd.com service, you agree that we
are permitted to bill you a monthly membership fee, any applicable tax and any
other charges you may incur in connection with your use of the gogaydvd.com
service. In order to protect our member’s privacy your credit card statement
will show billing by Organ Barn Management Co. Inc. (owner of gogaydvd.com). Additional
charges may include movies you fail to return or service level changes you
request. As used in these Terms of Service, "billing" shall indicate
either a charge or debit, as applicable, against your Payment Method, including
a checking account, where applicable. The membership fee will be billed at the
beginning of your membership and on each monthly renewal thereafter unless and
until you cancel your membership. We will automatically bill your Payment
Method each month on the calendar day corresponding to the commencement of your
membership. In the event your membership began on a day not contained in a
given month, we will bill your Payment Method on the last day of such month.
For example, if you became a paying member on January 31st, your Payment Method
would next be billed on February 28th. All fees and charges are nonrefundable
and there are no refunds or credits for partially used periods. We may change
the fees and charges in effect, or add new fees and charges from time to time,
but we will give you advance notice of these changes either posted on our site or by e-mail.
Automatic Renewals: Your gogaydvd.com membership will
automatically be renewed on a monthly basis. We will bill the monthly
membership fee plus any applicable tax to the Payment Method you provide to us
during registration (or to a different Payment Method if you change your
account information). Your membership will automatically renew for successive
months, without prior notice to you, unless and until you cancel your
membership or we terminate it. You must cancel your membership before it renews
each month in order to avoid billing of the next month's membership fees to
your Payment Method.
Cancellation: You may cancel your membership to gogaydvd.com at anytime by either
e-mailing us at: cancel@gogaydvd.com and indicate that you want to cancel your membership or visting the update subsciption link provided at the members login column on the left side and uncheck the box. Your
cancellation will be effective immediately on the next billing cycle when you have returned all gogaydvd.com rentals. If for some reason your credit card is charges the following month after cancellation, please contact at the above cancellation e-mail address. WE DO NOT PROVIDE REFUNDS OR
CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES. IN ORDER
FOR US TO PROCESS YOUR CANCELATION OF MEMBERSHIP, you must return all DVDs that
belong to gogaydvd.com that are in your possession. Failure to return such
rentals will result in your Payment Method being billed for such items. We
reserve the right to terminate your account for any or no reason.
Privacy
Any
information submitted on gogaydvd.com is subject to our Privacy Policy, the
terms of which are incorporated herein. Please review our Privacy Policy for
further information. The date of any changes to our Privacy Policy will be
noted at the bottom of our Privacy Policy.
Managing
Your Password and Your Account:
You
can access your gogaydvd.com membership from any Internet connected computer.
You are responsible for updating and maintaining the truth and accuracy of the
information you provide to us relating to your account. You are also responsible
for maintaining the confidentiality of your account and password and for
restricting access to your computer or mobile device. Gogaydvd.com will not
provide membership login and password information with anyone other than the
original person who created the membership account with gogaydvd.com. If you
choose to share your account with other people by providing them your password,
you take full responsibility for their actions. Users of public or shared
computers or unprotected mobile devices should log out at the completion of
each visit to gogaydvd.com. If you find that you're a victim of identity theft
and it involves your gogaydvd.com account, you should notify us at: support@gogaydvd.com. Then, you should
report this instance to all your credit card issuers, as well as your local law
enforcement agency. Gogaydvd.com reserves the right to place any account on
hold anytime with or without notification to the subscriber in order to protect
itself. Gogaydvd.com is not obligated to credit or discount a membership for
holds placed on the account by either a representative of gogaydvd.com or by
the automated processes of gogaydvd.com.
Website
Content
We
distribute movie, television, and other filmed entertainment and we reserve the
right to display and promote the filmed entertainment or other information on
our website to you in any manner we choose in our sole and absolute discretion.
Any opinions, advice, statements, services, offers, or other information that
constitutes part of the content expressed or made available by third parties on
the gogaydvd.com website are those of the respective authors or producers and
not of Organ Barn Management Co. Inc. and it's partners, our shareholders,
directors, officers, or employees. Under no circumstances shall Organ Barn
Management Co. Inc, or its shareholders, directors, officers, or employees be
held liable for any loss or damage caused by your reliance on information
obtained through the gogaydvd.com website. It is your responsibility to
evaluate the information, opinion, advice, or other content available through
the gogaydvd.com website.
Intellectual
Property
The
materials displayed on or contained within this site including, without
limitation, site software, design, text, editorial materials, informational
text, photographs, illustrations, audio and video clips, short features,
artwork and other graphic materials, and names, logos, trademarks and services
are the property of Organ Barn Management Co. Inc. or its licensors and are
protected by copyright, trademark and other intellectual property laws. You agree
not to reproduce, or disassemble any software or other products or processes
accessible through the gogaydvd.com website, not to insert any code or product
or manipulate the content of the gogaydvd.com website in any way that affects the
user's experience, and not to use any data mining, data gathering or extraction
method. Gogaydvd.com reserves the right to terminate your membership hereunder
if gogaydvd.com, in its sole and absolute discretion, believes that you are in
violation of this paragraph, such violations including the copying of DVDs
rented to you by us or the copying or other unauthorized use of our proprietary
content. Gogaydvd.com does not promote, foster or condone the copying of DVDs
or any other infringing activity. The use of DVDs rented to you by us is solely
for your personal and non-commercial use.
Trademarks and Patents: Gogaydvd.com is a trademark of Organ Barn Management
Co. Inc. Our logo, web address, are trademarks of Organ Barn Management Co.
Inc. Our website gogaydvd.com, including but not limited to its graphics,
logos, page headers, button icons, scripts and service names are protected
under the US Trademark and Patent laws. These items may not be used or
reproduced without prior written approval from Organ Barn Management Co. Inc.
and may not be used in connection with any product or service that is not
affiliated with gogaydvd.com, in any manner that is likely to cause confusion
among customers, in any manner that dilutes the rights of Organ Barn Management
Co. Inc. owner of gogaydvd.com, or in any manner that disparages or discredits
Organ Barn Management Co. Inc. owner of gogaydvd.com. Other trademarks that
appear on the gogaydvd.com website are the property of their respective owners,
and may not be used or reproduced without their consent. Any images of persons
or personalities contained on the gogaydvd.com website are not an indication or
endorsement of gogaydvd.com or any particular product or our service unless
otherwise indicated.
Limitations on Liability and Disclaimers
of Warranties:
Gogaydvd.com service and website and its contents are
provided "as is" and we make no representations or warranties of any
kind with respect to the gogaydvd.com website, its contents or service. We
assume no liability or responsibility for any errors or omissions in the
content of the gogaydvd.com website, any failures, delays, or interruptions in
the delivery and shipment of DVDs, of any content contained on gogaydvd.com, any
losses or damages arising from the use of the content provided on gogaydvd.com
website, or any conduct by users of the gogaydvd.com service or website. We
reserve the right to ship DVDs in our sole and absolute discretion. We disclaim
all representations and warranties, including, for example, warranties of
merchantability, fitness for a particular purpose, and non-infringement. In
addition, we do not represent or warrant that the information accessible via
our site is accurate, complete or current. In no event shall Organ Barn
Management Co. Inc. (owner of gogaydvd.com) its partner After Stonewall Inc.
their shareholders, directors, officers, or employees be liable (jointly or
severally) to you for any special, incidental, indirect or consequential damages
of any kind, or any damages whatsoever resulting from loss of use, data or
profits, whether or not advised of the possibility of damage, and on any theory
of liability, arising out of or in connection with the use or performance of
the gogaydvd.com website, its contents or its service. If any applicable
authority holds any portion of this section to be unenforceable, then liability
will be limited to the fullest possible extent permitted by applicable law.
Use of Submitted Information
Organ Barn Management Co. Inc. owner of gogaydvd.com, is
free to use any comments, information, ideas, concepts, reviews, or techniques
or any other material contained in any communication you may send to us via
gogaydvd.com ("Content"), including, without limitation, responses to
questionnaires or through postings to the gogaydvd.com website without further
compensation, acknowledgement or payment to you for any purpose whatsoever
including, but not limited to, developing, manufacturing and marketing products
and creating, modifying or improving the gogaydvd.com website or other
websites. Furthermore, by posting any content on our site, submitting content
to us, or in responding to questionnaires, you grant us a perpetual,
non-exclusive, royalty-free irrevocable license and right to display, use,
reproduce or modify the content submitted in any media, software or technology
of any kind now existing or developed in the future. Please note Organ Barn
Management Co. Inc. does not accept unsolicited materials or ideas for use or
publication, and is not responsible for the similarity of any of its content or
programming in any media to materials or ideas transmitted to gogaydvd.com.
Should you send any unsolicited materials or ideas, you do so with the
understanding no additional consideration of any sort will be provided to you,
and you are waiving any claim against Organ Barn Management Co. Inc. and its
affiliates regarding the use of such materials and ideas, even if material or
an idea is used that is substantially similar to the idea you sent.
Site and Service Testing
From time to time, we test various aspects of our site,
including service levels, plans, promotions and pricing, and we reserve the
right to include you in or exclude you from these tests without notice.
Electronic Communications
By using the gogaydvd.com service, you consent to
receiving electronic communications from gogaydvd.com. These communications
will include notices about your account (e.g. shipping and receiving e-mails
and other transactional information) and information concerning or related to
our service, such as featured films or other entertainment information or
offerings. These communications are part of your relationship with gogaydvd.com
and you receive them as part of your gogaydvd.com membership. You agree that
any notice, agreements, disclosure or other communications that we send to you
electronically will satisfy any legal communication requirements, including
that such communications be in writing.
Your Conduct on the gogaydvd.com Website
By accessing the gogaydvd.com website, you agree not to
upload, post, e-mail or otherwise send or transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment associated with the gogaydvd.com
website. You also agree not to interfere with the servers or networks connected
to the gogaydvd.com website or to violate any of the procedures, policies or
regulations of networks connected to the gogaydvd.com website, the terms of
which are incorporated herein. You also agree not to impersonate any other
person while using the gogaydvd.com website, conduct yourself in a vulgar or
offensive manner while using our service, or use the gogaydvd.com website for
any unlawful purpose.
Use Limitations
Gogaydvd.com is not set up at this time to rent DVDs to
people who live outside of the continental United States.
Right To Terminate
We reserve
the right to terminate or restrict your use of our service, without notice, for
any or no reason whatsoever.
Links
Some hyperlinks
and banners on gogaydvd.com may lead to other websites that are not controlled
by, or affiliated with, Organ Barn Management Co. Inc. owner of gogaydvd.com, and
other websites may link to the gogaydvd.com. Organ Barn Management Co. Inc. has
not reviewed these websites and is not responsible for their content or privacy
policies.
Claims of Copyright Infringement
Organ Barn Management Co. Inc. owner of gogaydvd.com does
not promote, foster or condone the copying of DVDs or any other infringing
activity.
Disputes
You and Organ Barn Management Co. Inc. agree that the United
States District Court for the state of Vermont and the Superior Court for the
County of Windham shall have exclusive jurisdiction over any dispute between
you and Organ Barn Management Co. Inc. relating in any way to the gogaydvd.com service
or website or these Terms of Use. You and Organ Barn Management Co. Inc.
expressly and irrevocably consent to personal jurisdiction and venue in these
courts.
