Terms and Conditions

This website ("Site") is provided to you by Casa Video Inc. Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you ("you") agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. Casa Video may at its sole discretion modify these Terms and Conditions of Use at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions of Use.

PRICE AND AVAILABILITY

The products and services offered or referred to on this Site are subject to availability. The prices stated for such products and services are subject to change without notice.

RELIANCE ON INFORMATION

This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Casa Video's sole discretion.

CHANGES TO THE SITE

Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site.

CHANGES TO TERMS AND CONDITIONS

Casa Video may at any time, and at its sole discretion, modify these Terms and Conditions of Use, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site.

YOUR OBLIGATIONS

In providing registration and transactional information to Casa Video you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If Casa Video has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Casa Video has the right to suspend or terminate your account and refuse any and all current or future use of the account.

In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of this Site or (g) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address)

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.

To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.

To the extent that any of the following activities materially interfere with this Site or the network and systems of a Casa Video service provider ("Service"), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or Service; (f) use this Site or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, Service, or another entity, or obtain or bypass others passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.

USER REVIEWS, FEEDBACK, SUBMISSIONS

You may submit ratings, reviews, tips, comments, feedback, postcards, suggestions, ideas, and other materials to casavideo.com (collectively, the "Content"). Casa Video does not endorse, and takes no responsibility and assumes no liability for, any Content posted by you or any third party. Casa Video reserves the right (but not the obligation) to remove, restrict, or edit such Content, but does not regularly review posted Content.

By posting Content, you grant Casa Video Inc. a nonexclusive, perpetual, irrevocable, royalty-free right to use, display, adapt, modify, copy, reproduce, distribute, publish, translate, promote, and create derivative works from, the Content, anywhere in the world, in any form, in any media, and for any purpose, and to sublicense any or all of the foregoing rights to others. Further, you represent and warrant that you own or otherwise control all rights to the Content and that use or public posting of the Content will not infringe upon or otherwise violate the rights of any third party, including, without limitation, any copyright, trademark, or other intellectual property right, right of privacy, or any other rights of any nature. Your Content may not cause injury to any person or entity. Furthermore, no Comment submission may contain libelous or otherwise unlawful, abusive or obscene material. Content may not contain software viruses, political campaign material, commercial solicitations, chain letters, mass mailings or any form of "spam." The member submitting the Comment is solely responsible for any losses, costs, expenses and damages that result from any violations of casa video's policies regarding Content.

Content submitted to casavideo.com (including your name) will not be confidential and may be published or disclosed in Casa Videos sole discretion, without any compensation to you. Casa Video may, but is not obligated to, respond to any Content.

Content posted on casavideo.com may, at Casa Video's sole discretion, be monitored, edited or removed with or without notice. However, Casa Video does not, and is not obligated to, regularly review posted Content. By submitting Content, you grant Casa Video the right to use your submitted name in connection with your Content. You agree not to use a false email address, impersonate any person or entity, or otherwise misrepresent your identity or the origin of any Content you may submit. You alone shall be fully responsible for any content contained within your Comment submissions, and you agree to indemnify Casa Video and its affiliates for any and all claims resulting from Content you submit. Casa Video accepts no responsibility or liability for any Content submitted by you or any third party.

MANAGING YOUR PASSWORD AND YOUR ACCOUNT

You are solely responsible for managing your password and for keeping your password confidential. No one from Casa Video will be authorized to provide your password. If you have forgotten your password, go to the Sign In link at the top of the screen, then click on "Forgot your password." Follow the instructions, and a link to change your password will be emailed to you. You are also solely responsible for restricting access to any computer you use to access your casavideo.com account or your casavideo ONLINE membership. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.

DISCLAIMER OF WARRANTIES

THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. CASA VIDEO INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE., NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, BLOCKBUSTER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CASA VIDEO OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT CASA VIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.

INDEMNIFICATION

You agree to indemnify and hold harmless Casa Video and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.

TERMINATION

Casa Video may at any time and at its sole discretion terminate your right to use this Site.

Multiple Discs.

In most instances, each disc you request counts as a Casa Video Online Rental , even if you are requesting a set, series or title with multiple discs (for example, if you select a title that offers both the movie itself and a bonus disc, if you request both discs, each disc counts as a Casa Video Online Rental, and will be shipped separately and should be returned separately). You always have the option to only select one disc in those instances. However, if the movie itself requires multiple discs due to its length, in those instances the movie counts as one Casa Video Online Rental regardless of the number of discs. This information will be available as part of the description of the movie and will be noted when you place your selection.

Delivery and Return of Rented DVDs.

Delivery of your Casa Video Online Rentals will be via U.S. Postal Service ("USPS"). Members have the option to return Casa Video Online Rentals via USPS or at our Casa Video store.

Postage is prepaid each way. The time it takes for a Casa Video Online Rental to be delivered or returned via USPS depends on several factors, including circumstances generally affecting service times of the USPS (for example, holidays and heavy mail usage times such as Christmas). Casa Video makes no guarantees with respect to DVD delivery times. Email notifications will alert you when your selections have been mailed and when your returned items have been received.

Consent to Electronic Communications.

You consent to receive communications from Casa Video about your Casa Video Online membership electronically, either by e-mail or by notices posted on this site, as determined by Casa Video in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by Casa Video in writing is satisfied by such electronic communication. You agree that Casa Video Online may send you e-mails which include notices about your account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of your relationship with Casa Video Online.

A separate in-store membership is required for in-store rentals. In-store rentals are subject to store rental terms and conditions, including due dates and charges which may apply to rentals not returned by the due date. Subscribers should see the store's complete in-store rental terms and conditions. Free and discounted in-store rentals must be returned to the store where they were originally rented. Subscribers should see their store receipt for due dates.

Pending Charges for Payment Cards.

If your Payment Method is a credit or charge card (the Payment Card), you also authorize Casa Video to place a pending charge to your Payment Card when you sign up for membership, and prior to each subsequent periodic charge. Pending charges are used to verify your billing address and the validity of your Payment Card, are temporary (typically 3 to 7 days in length), and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your Payment Card in the amount of $1 per pending charge.

Fees Relating to your Payment Method.

You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.

Applicant authorizes Casa Video to prepare and submit credit card charges to recover losses due to:

A)Any failure by customer to return rented dvd's, games, or video tapes.

B)Any other unpaid charge.

Applicant understands that Casa Video may pursue remedies other than preparing and submitting credit card charges, if the need arises under A and B.

Applicant exonerates Casa Video from all claims or liabilities to all parties, damage or loss of property arising out of or during use of these video/game rentals or purchases.

SHIPPING AND DELIVERY

Orders will ship either by United States Postal Service ("USPS") standard First Class Mail or USPS Priority Mail, depending on the shipping method you select at checkout. Shipping and handling costs are charged per item and are not based on delivery location. If you enter a promotional code for shipping when you check out but elect to use a more expensive shipping option than is covered by the promotional code we will apply the promotional code discount and charge you any remaining balance for shipping and handling costs.

Estimated delivery time once we ship your order is four to five days for items shipped via standard shipping and two to three days for items shipped via Priority shipping.

After you have placed your order, we will send you an email confirming your order with an order summary including the items you purchased and a purchase total. We will send you an email when your order ships and let you know when you can expect delivery. If your order is sent in multiple shipments you will receive a separate notification for each shipment. Orders containing multiple items may be shipped from multiple distribution centers. You may receive more than one package for a single order.

We cannot ship to multiple addresses for the same order. If you want to ship items to multiple addresses you must place a separate order for each shipping address.

Currently, we do not offer package tracking for your order.

If your order is undeliverable it will be returned to us and we will notify you via email address provided at checkout that your order could not be delivered. We will automatically refund the cost of the order including shipping and handling charges to the Retail Payment Method used on the order. Therefore, it is important that you provide us with your current e-mail address at all times.

RETURN POLICY (Sale Items)

We will accept returns of used items in the original shipping condition that are damaged, defective or not the correct item. We will replace the item or refund the cost of the items as well as shipping and handling charges depending on what you request and the availability of the product you are returning. You will be required to pay the cost of returning the item, but we will refund to you an amount equal to the amount of the original shipping and handling charge for your original order, regardless of your actual cost in returning the item. For example, if you ordered an item that cost $20, paid $5 shipping and handling as part of your original order, and then returned the item to us because it was damaged, defective, or not the correct item, we will refund you $30 ($25 for the original cost plus shipping and handling and $5 for the return shipping).

All refunds are made to the Retail Payment Method used for the original purchase. Refunds typically take 72 hours to post to the Retail Payment Method.

RISK OF LOSS

With all items purchased from Casa video Online, there is a risk of loss during shipment. We will deliver all items to our carrier, but this does not guarantee delivery to you. If you do not receive your order, please contact us so that we can send a replacement order.

We reserve the right to not replace orders for customers who have made excessive loss and replacement requests.

CONDITION OF PREVIOUSLY VIEWED PRODUCT

Retail Products sold as "previously viewed" are used products that have been used for rental.

Previously viewed Retail Products:

Will not be shrink wrapped or in new condition

Will contain original studio box art for the title (however, the original studio box art may be for a different format of the title)

Will be inspected for any damage prior to being shipped to you

Will be in a hard DVD case

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