•
A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement
is: Copyright Agent, VUDU, Inc., 2901 Tasman Dr., Suite 101, Santa Clara, CA
95054; email to:
DMCA@VUDU.com
; or fax to: (408) 588-4080. For clarity,
only DMCA notices should go to the Copyright Agent; any other feedback,
comments, requests for technical support, and other communications should be
directed to VUDU Customer Care, 2901 Tasman Dr., Suite 101, Santa Clara, CA
95054. You acknowledge that if you fail to comply with all of the requirements of
this Section, your DMCA notice may not be valid.
If you believe that content or a submission of yours that was removed (or to
which access was disabled) is not infringing, or that you have the authorization
from the copyright owner, the copyright owner’s agent, or pursuant to the law, to
post and use such content or submission, you may send a counter-notice
containing the following information to the Copyright Agent:
•
Your physical or electronic signature;
•
Identification of the content that has been removed or to which access has
been disabled and the location at which the content appeared before it was
removed or disabled;
•
A statement that you have a good faith belief that the content was removed
or disabled as a result of a mistake or a misidentification of the content;
and
•
Your name, address, telephone number, and email address, a statement
that you consent to the jurisdiction of the federal court in Santa Clara
County, California, and a statement that you will accept service of process
from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the
counter-notice to the original complaining party informing that person that the
removed content may be replaced or no longer disabled in 10 business days.
Unless the copyright owner files an action seeking a court order against the
content provider, member or user, the removed content may be replaced, or
access to it restored, in 10 to 14 business days or more after receipt of the
counter-notice, at our sole discretion.
Links to Third Party Websites: This website may contain links to third-party
sites which are not under our control, and we are not responsible for the contents
of any linked site or any link contained in a linked site, or any changes or updates
to such sites. We are providing these links to you only as a convenience, and the
inclusion of any link does not imply that we endorse or accept any responsibility
for the content on such third-party site.
Warranty Disclaimer; Limitation of Damages and Liability: THE VUDU
SERVICE AND THE CONTENT IS PROVIDED ON AN “AS IS” BASIS, WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER WE NOR
THE CONTENT PROVIDERS MAKE ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND AS TO THE SERVICE OR THE CONTENT MADE
AVAILABLE THROUGH THE SERVICE, OR THAT THE CONTENT OR
SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED,
ERROR-FREE, OR FREE FROM VIRUSES, INTERFERENCE, HACKING OR
OTHER SECURITY INTRUSION, AND VUDU AND CONTENT PROVIDERS
DISCLAIM ANY LIABILITY RELATING THERETO. NEITHER WE NOR THE
CONTENT PROVIDERS ASSUME ANY LIABILITY FOR ERRORS OR
OMISSIONS IN THE SERVICE, THE CONTENT OR THE CONTENT OF THE
VUDU WEB SITE, OR ANY LOSSES OR DAMAGES ARISING FROM THE USE
OF THE SERVICE, THE CONTENT OR THE VUDU WEBSITE. OUR SOLE
OBLIGATION FOR ANY MALFUNCTIONING VUDU EQUIPMENT SHALL BE
AS SET FORTH IN OUR PUBLISHED LIMITED WARRANTY AGREEMENT.
YOU AGREE THAT NO OTHER EXPRESS OR IMPLIED WARRANTIES WILL
APPLY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. IN ADDITION WE AND THE CONTENT PROVIDERS DISCLAIM
ANY WARRANTIES OF SATISFACTORY QUALITY, NON-INFRINGEMENT,
TITLE, OR QUIET ENJOYMENT, AND THEIR EQUIVALENTS UNDER THE
LAWS OF ANY JURISDICTION. TO THE MAXIMUM EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT
NOT LIMITED TO NEGLIGENCE BY US OR CONTENT PROVIDERS, SHALL
VUDU, CONTENT PROVIDERS, OR ANY OF THEIR OR OUR DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE
FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE OR EXEMPLARY DAMAGES, BASED UPON A CLAIM OF ANY
TYPE OR NATURE (INCLUDING BUT NOT LIMITED TO CONTRACT AND
TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY), OR
CLAIMS ARISING FROM ANY INABILITY TO USE THE VUDU EQUIPMENT
OR USE OR ACCESS THE SERVICE OR CONTENT, OR ARISING FROM THE
TERMINATION OF THE SERVICE OR IN CONNECTION WITH THE
INSTALLATION, INSPECTION, REPAIR, REPLACEMENT OR REMOVAL OF
YOUR VUDU EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR OR CONTENT PROVIDERS’ TOTAL LIABILITY TO
YOU FOR ALL DAMAGES ARISING FROM THE USE OR INABILITY TO USE
THE VUDU SERVICE, EQUIPMENT OR CONTENT, INCLUDING ANY
FEATURES ASSOCIATED THEREWITH (OTHER THAN AS MAY BE
REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY)
EXCEED THE AMOUNT IN YOUR SERVICE ACCOUNT AT THE TIME THE
APPLICABLE CAUSE OF ACTION AROSE.
THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES
DESCRIBED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. IF ANY
APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE
UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST
EXTENT OF APPLICABLE LAW.
Injunctive Relief: You agree that any violation or breach by you of these Terms
of Service will result in irreparable harm to us, that monetary damages will be an
inadequate remedy, and you hereby agree that we shall be entitled to seek
injunctive relief.
Severability: If any provision of these Terms of Service is deemed unlawful,
void, or for any reason unenforceable, then that provision shall be severable from
these Terms of Service and shall not affect the validity and enforceability of any
remaining provisions.
Governing Law, Determination of Disputes: This Agreement shall be
governed by, and construed in accordance with, the laws of the State of California
without giving effect to any principles of conflicts of law. EACH PARTY HEREBY
WAIVES THE RIGHT TO TRIAL BY JURY. Any dispute arising out of, or in
connection with, this Agreement shall be submitted to the Superior Court in and
for the County of Santa Clara, State of California (or if the Superior Court shall
not have jurisdiction over the subject matter thereof, then to such other court
sitting in said county and having subject matter jurisdiction) for trial and
determination by the court. Said parties hereby consent to the exclusive
jurisdiction of such court and to the service of process by mail outside the State of
California pursuant to the requirements of such court in any matter so to be
submitted to it. Content Providers are third party beneficiaries of these Terms of
Service and may enforce these Terms of Service, at law or in equity, with respect
to Content or any other materials provided by it.
Indemnity: You agree to indemnify, defend, and hold VUDU and its affiliates,
officers, agents, co-branders, licensors, partners, and employees harmless from
any claim or demand, including reasonable attorneys’ fees, made by any third
party due to or arising out of your use of the VUDU Service or VUDU Equipment,
including without limitation, your violation of these Terms of Service, or your
violation of any rights of another.
PLEASE DIRECT ANY QUESTIONS OR CONCERNS RELATED TO YOUR
BILLS OR SERVICE TO:
VUDU, Inc.
2901 Tasman Drive, Suite 101
Santa Clara, CA 95054
LIMITED WARRANTY
VUDU, Inc.
LIMITED ONE (1) YEAR WARRANTY
VUDU warrants your VUDU Box and any included accessories (“VUDU
Equipment”) against defects in materials and workmanship for a period of one (1)
year after the date of purchase.
LIMITED WARRANTY
VUDU’S LIMITED WARRANTY EXTENDS ONLY TO THE ORIGINAL
CONSUMER PURCHASER OR ANY PERSON RECEIVING THE VUDU
EQUIPMENT AS A GIFT FROM THE ORIGINAL CONSUMER PURCHASER
AND TO NO OTHER PURCHASER OR TRANSFEREE. THIS WARRANTY DOES
NOT EXTEND TO COMMERCIAL USERS. COMMERCIAL USERS TAKE THE
VUDU EQUIPMENT AS IS, WHERE IS, WITH ALL FAULTS. THE VUDU
EQUIPMENT IS NOT AUTHORIZED FOR USE OUTSIDE THE UNITED
STATES AND ANY SUCH USE VOIDS THIS WARRANTY.
LIMITED CONTENT ONE (1) YEAR WARRANTY
If VUDU has to repair or replace your VUDU Equipment, or if content is lost due
to a failure of the hard drive in the VUDU Equipment, VUDU will, to the best of
its ability and within the rights granted to it by its content licensors, replace all
purchased (but not rented) movies or other purchased (but not rented)
entertainment content that you acquired from VUDU and that is or are stored on
your VUDU Equipment (“Content”), for a period of one (1) year from the date of
such Content’s purchase.
LIMITATION OF IMPLIED WARRANTIES
ALL WARRANTIES IMPLIED BY LAW, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ARE EXPRESSLY LIMITED TO THE DURATION OF THIS
EXPRESS LIMITED WARRANTY.
Some States do not allow limitations on how long an implied warranty lasts, so
the above limitation may not apply to you.
EXCLUSIVE REMEDY FOR VUDU EQUIPMENT
AT THE OPTION OF VUDU, THE VUDU EQUIPMENT WILL BE REPAIRED
OR REPLACED WITH A NEW, REPAIRED, REFURBISHED, OR
COMPARABLE PRODUCT (WHICHEVER VUDU DEEMS AS NECESSARY) IF
IT BECOMES DEFECTIVE OR INOPERATIVE. IF VUDU CANNOT
REASONABLY REPAIR OR REPLACE THE VUDU EQUIPMENT THEN VUDU
MAY, AT ITS SOLE DISCRETION, REFUND THE ORIGINAL PURCHASE
PRICE OR THE CURRENT RETAIL PRICE OF THE VUDU EQUIPMENT. IF
VUDU CHOOSES TO REPAIR OR REPLACE THE VUDU EQUIPMENT, OR TO
REFUND THE PURCHASE PRICE, THIS WILL BE THE EXCLUSIVE REMEDY.
THE ABOVE WARRANTIES ARE SUBJECT TO ALL CONDITIONS
LISTED BELOW:
1. You must have proof of purchase to receive warranty service. A sales receipt or
other document showing that you purchased the VUDU Equipment is considered
proof of purchase.
2. Warranty coverage begins the day you purchase the VUDU Equipment.
3. You will be responsible for the cost of shipping to the service location
designated by VUDU.
4. All VUDU Equipment and Content, including replacement products, are
covered only for the original warranty period. When the warranty on the original
product expires, the warranty on the replacement product also expires.
5. In the case of a paid repair: at the option of VUDU, the VUDU Equipment will
be repaired or replaced with a new, repaired, refurbished, or comparable product
(whichever VUDU deems as necessary).
WHAT THESE WARRANTIES EXCLUDE
Your warranties do NOT cover:
1. Labor charges for installation or set-up of the VUDU Equipment.
2. Repairs or replacement due to misuse, accident, lightning damage,
unauthorized repair, or other causes not within the control of VUDU.
3. Any modifications or other changes to the VUDU Equipment, including but not
limited to software or hardware modification in any way other than as expressly
authorized by VUDU, will void these limited warranties. Except in the case of
hardware or software provided by VUDU, installing modifications, “hacks,” or
utilizing service access or “back doors” will void these limited warranties.
4. Reception or transmission problems caused by signal conditions, Internet
connection problems, or any other communication systems outside the unit.
5. Any VUDU Equipment that has been modified or adapted to enable it to
operate in any country other than the country for which it was designed,
manufactured, approved, and/or authorized, or repair of VUDU Equipment
damaged by these modifications.
6. Any VUDU Equipment used for commercial or institutional purposes.
7. The continued provisioning of any of the programming and other services
delivered through the VUDU Equipment including but not limited to movies,
movie information, program guide data, and special features.
MAKE SURE YOU KEEP…
Please keep your sales receipt and any other documentation showing proof of
purchase. Also, keep the original box and packaging material in case you need to
return your VUDU Equipment.
TO GET WARRANTY SERVICE
Warranty service will be provided by VUDU. If you believe you need service for
your VUDU Equipment, please contact VUDU at
support@vudu.com
or call
Customer Care at 1-888-554-VUDU (8838). A representative may go through a
diagnostic checklist with you. If it is determined that the product needs to be
returned for service or exchange, you will receive a return authorization number.
A VUDU representative will give you complete shipping details.
TO GET OUT-OF-WARRANTY SERVICE
To obtain out-of-warranty service, please contact VUDU at
support@vudu.com
or call Customer Care at 1-888-554-VUDU (8838) for information on the
possibility of and any costs for repair or replacement of out-of-warranty products.
No agent, company, dealer, distributor, or person is authorized to change, modify,
or extend the terms of these warranties in any manner.
EXCLUSIVE REMEDIES
WITH THE EXCEPTION OF ANY WARRANTIES IMPLIED BY THE LAW OF
ANY STATE OF THE U.S.A., THIS EXPRESS LIMITED WARRANTY IS
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES,
AGREEMENTS AND SIMILAR OBLIGATIONS OF VUDU. REPAIR OR
REPLACEMENT AS PROVIDED IN THIS LIMITED WARRANTY IS THE
EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY.
LIMITATION OF LIABILITY
IN NO EVENT WILL VUDU BE LIABLE FOR ANY AMOUNT GREATER THAN
THE RETAIL PRICE OF THE VUDU EQUIPMENT. VUDU SHALL NOT BE
LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING LOST PROFITS) FOR BREACH OF ANY EXPRESS OR IMPLIED
WARRANTY ON THE VUDU EQUIPMENT0.
Some States do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
This warranty gives you specific legal rights and you may also have other rights
which vary from State to State.
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