CONTENT Proprietary Rights User acknowledges that the Aabatis.com Site contains Content, including Digital Content, as that term is defined in Section XII below, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. PRICES Prices for an item on the Aabatis.com Site may differ from the price shown in a User's shopping cart - it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Aabatis.com Site. If the price for the item is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Aabatis.com, Aabatis.com may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. RISK OF LOSS The risk of loss and title for all items purchased via the Aabatis.com Site pass to the User upon delivery of the item to the carrier. PRODUCT DESCRIPTION The items offered for sale on Aabatis.com contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. Aabatis.com does not represent or warrant that the descriptions of such items are accurate or complete. AGE OF USERS Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Aabatis.com websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Aabatis.com websites, we will remove that information as soon as possible. TERMINATION OF USAGE Aabatis.com may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Aabatis.com Site including any account thereon, without notice, for any reason in Aabatis.com's sole discretion, including without limitation violation of the Terms of Use, Aabatis.com's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Aabatis.com or another User. DIGITAL CONTENT Aabatis.com offers Users the ability to purchase digital media as determined by Aabatis.com Site. Aabatis.com grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Digital Content in accordance with these Terms of Use. Aabatis.com reserves the right to modify or discontinue the offering of any Digital Media at any time. You may not (i) modify, alter, duplicate, reproduce, copy, distribute copies of, disassemble, reverse engineer, emulate, decompile, or tamper with the Aabatis.com Digital Content; (ii) create derivative works from or of the Digital Content; (iii) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Digital Content available to any third party. INTERACTIVE COMMUNITY Aabatis.com Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section XIII, Interactive Community, applies to the activities of persons who are using interactive services on the Site ("Interactive Community Users"). Interactive Community services may be used only for lawful purposes in accordance with these Terms of Use. If you are using any Aabatis.com Interactive Community services, and post, publish or communicate any information, photographs, videos, graphics, music, sounds, and other material on through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users ("User Created Content"). User is prohibited from posting on or transmitting through the Aabatis.com Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Aabatis.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Aabatis.com reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason. The Aabatis.com online interactive community is not designed for use by Minors. No children under the age of 18 are permitted to register or create user profiles. Interactive Community Users may upload to or otherwise submit to Aabatis.com for distribution on the Aabatis.com Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Aabatis.com to distribute over the Internet. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Aabatis.com assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. DISCLAIMERS AND LIMITATION OF LIABILITY Aabatis.com is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any Digital Content and User Created Content or the accuracy and reliability of the Content, including Digital Content and User Created Content, posted on Aabatis.com Site. Content, including Digital Content and User Created Content, does not necessarily reflect the opinions or policies of Aabatis.com. Inclusion of any linked website on the Aabatis.com Services does not imply approval or endorsement of the linked website by Aabatis.com. When you access these third party sites, you do so at your own risk. Under no circumstances shall Aabatis.com or any Aabatis.com Provider be liable for any damages that result from the use of or inability to use the Aabatis.com Site, including but not limited to reliance by a User on any information obtained from the Aabatis.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Aabatis.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including Digital Content and User Created Content. Neither Aabatis.com nor any Aabatis.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Aabatis.com Site or the purchase or download of any Content, including Digital Content, even if Aabatis.com have been advised of the possibility of such damages. ABUSE, FRAUD AND PIRACY Fraudulent or abusive practices such as repeatedly falsely reporting DVDs as damaged or not received, may result not only in cancellation of future orders, but also in actions by Aabatis.com for recovery of civil damages as well as referral for criminal prosecution. DVDs provided by Aabatis.com are for personal, non-commercial use only. Aabatis.com does not condone unauthorized copying, distribution or other infringement of protected intellectual property of Aabatis.com or of third parties. DISPUTE RESOLUTION Any claim or controversy at law or equity that arises out of the Terms of Use, the Aabatis.com Site or any Aabatis.com Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. You are solely responsible for your interactions with other Users. Aabatis.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users. PAYMENT METHODS Aabatis.com offers safe and secure for all our customers. We also accept personal checks and money orders as methods of payment. All checks must be cleared before Aabatis.com can begin shipping your order. SALES TAX There is no sales tax. For California residents, we will pay your sales tax. SHIPPING & DELIVERY All orders are shipped within 48 hours from the time the order is received and fund is made available. By default, we use USPS for shipping. Estimated delivery time, once we ship your order, is 3-5 business days for US continents and 7-10 business days for Overseas (Asia and Europe)." Expedite" delivery service is guaranteed to be delivered to you in 3 business days or sooner. RETURN POLICY Aabatis.com will accept returns of new, unopened items that are damaged, defective or not the correct item. Aabatis.com will replace/ exchange the DVD with the correct /same title. There are no returns on opened products. Please make sure you read the item description before you buy. DIGITAL MILLENNIUM COPYRIGHT ACT. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Aabatis.com with a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to allow Aabatis.com to locate the material on the Aabatis.com Site; (d) your name, address, telephone number and e-mail address; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (g) a scan of your Government issued ID card or passport. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Aabatis.com regarding User's relationship with Aabatis.com and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation." |