Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR
USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS
AND CONDITIONS.
Products, Content and Specifications. All features, content, specifications, products
and prices of products and services described or depicted on www.redbell.com, is
subject to change at any time without notice. Certain weights, measures and similar
descriptions are approximate and are provided for convenience purposes only. Redbell
Retail, which operates this Web Site, makes all reasonable efforts to accurately
display the attributes of our products, including the applicable colors; however,
the actual color you see will depend on your computer system, and we cannot guarantee
that your computer will accurately display such colors. The inclusion of any products
or services on this Web Site at a particular time does not imply or warrant that
these products or services will be available at any time. It is your responsibility
to ascertain and obey all applicable local, state, laws (including minimum age requirements)
in regard to the possession, use and sale of any item purchased from this Web Site.
By placing an order, you represent that the products ordered will be used only in
a lawful manner. All videocassettes, DVDs and similar products sold are for private,
home use (where no admission fee is charged), non-public performance and may not
be duplicated.
Shipping Limitations. When an order is placed, it will be shipped to an address
designated by the purchaser as long as that shipping address is compliant with the
shipping restrictions contained on this Web Site. All purchases from this Web Site
are made pursuant to a shipment contract. As a result, risk of loss and title for
items purchased from this Web Site pass to you upon delivery of the items to the
carrier. You are responsible for filing any claims with carriers for damaged and/or
lost shipments.
Accuracy of Information. We attempt to ensure that information on this Web Site
is complete, accurate and current. Despite our efforts, the information on this
Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation
as to the completeness, accuracy or correctness of any information on this Web Site.
For example, products included on this Web Site may be unavailable, may have different
attributes than those listed, or may actually carry a different price than that
stated on this Web Site. In addition, we may make changes in information about price
and availability without notice. While it is our practice to confirm orders by email,
the receipt of an email order confirmation does not constitute our acceptance of
an order or our confirmation of an offer to sell a product or service. We reserve
the right, without prior notice, to limit the order quantity on any product or service
and/or to refuse service to any customer. We also may require verification of information
prior to the acceptance and/or shipment of any order.
Use of this Web Site. The design of this Web Site and all text, graphics, information,
content, and other material displayed on or that can be downloaded from this Web
Site are protected by copyright, trademark and other laws and may not be used except
as permitted in these Terms and Conditions or with prior written permission of the
owner of such material. You may not modify the information or materials displayed
on or that can be downloaded from this Web Site in any way or reproduce or publicly
display, perform, or distribute or otherwise use any such information or materials
for any public or commercial purpose. Any unauthorized use of any such information
or materials may violate copyright laws, trademark laws, laws of privacy and publicity,
and other laws and regulations.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed
on this Web Site are registered and unregistered trademarks, trade names and service
marks of Redbell or its affiliates. Other trademarks, trade names and service marks
used or displayed on this Web Site are the registered and unregistered trademarks,
trade names and service marks of their respective owners. Nothing contained on this
Web Site grants or should be construed as granting, by implication, estoppels, or
otherwise, any license or right to use any trademarks, trade names, service marks
or logos displayed on this Web Site without the written permission of Redbell.
Linking to this Web Site. Creating or maintaining any link from another Web site
to any page on this Web Site without our prior written permission is prohibited.
Running or displaying this Web Site or any information or material displayed on
this Web Site in frames or through similar means on another Web site without our
prior written permission is prohibited. Any permitted links to this Web Site must
comply will all applicable laws, rule and regulations.
Third Party Links. From time to time, this Web Site may contain links to Web sites
that are not owned, operated or controlled by Redbell or their respective affiliates.
All such links are provided solely as a convenience to you. If you use these links,
you will leave this Web Site. Neither we nor any of our respective affiliates are
responsible for any content, materials or other information located on or accessible
from any other Web site. Neither we nor any of our respective affiliates endorse,
guarantee, or make any representations or warranties regarding any other Web sites,
or any content, materials or other information located or accessible from any other
Web sites, or the results that you may obtain from using any other Web sites. If
you decide to access any other Web sites linked to or from this Web Site, you do
so entirely at your own risk.
Inappropriate Material. You are prohibited from posting or transmitting any unlawful,
threatening, defamatory, libelous, obscene, pornographic or profane material or
any material that could constitute or encourage conduct that would be considered
a criminal offense or give rise to civil liability, or otherwise violate any law.
In addition to any remedies that we may have at law or in equity, if we determine,
in our sole discretion, that you have violated or are likely to violate the foregoing
prohibitions, we may take any action we deem necessary to cure or prevent the violation,
including without limitation, the immediate removal of the related materials from
this Web Site. We will fully cooperate with any law enforcement authorities or court
order or subpoena requesting or directing us to disclose the identity of anyone
posting such materials.
User Information. Other than personally identifiable information, which is subject
to this Web Site's Privacy Policy, any material, information, suggestions, ideas,
concepts, know-how, techniques, questions, comments or other communication you transmit
or post to this Web Site in any manner ("User Communications") is and will be considered
non-confidential and non-proprietary. We and our respective affiliates and our or
their designees may use any or all User Communications for any purpose whatsoever,
including, without limitation, reproduction, transmission, disclosure, publication,
broadcast, development, manufacturing and/or marketing in any manner whatsoever
for any or all commercial or non-commercial purposes. We may, but are not obligated
to, monitor or review any User Communications. We will have no obligation to use,
return, review, or respond to any User Communications. We will have no liability
related to the content of any such User Communications, whether or not arising under
the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right
to remove any or all User Communications that includes any material we deem inappropriate
or unacceptable.
DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND
SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES
OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER REDBELL NOR ANY OF THEIR RESPECTIVE
AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR
SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES
PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER REDBELL NOR
ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE
SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES
DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY
TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND
SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED
WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH
THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY
DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE .CLAIMS THAT ARE DUE TO NORMAL
WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION.
LIMITATIONS OF LIABILITY. REDBELL does not assume any responsibility, or will be
liable, for any damages to, or any viruses that may infect, your computer, telecommunication
equipment, or other property caused by or arising from your access to, use of, or
browsing this Web Site, or your downloading of any information or materials from
this Web Site. IN NO EVENT WILL REDBELL OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY
INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST
DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE
RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS,
INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY
TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE
PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE
THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER
OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY,
OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE
RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
Revisions to these Terms and Conditions. These Terms and Conditions may be revised
at any time and from time to time by updating this posting. You should visit this
page from time to time to review the then current Terms and Conditions because they
are binding on you. Certain provisions of these Terms and Conditions may be superseded
by legal notices or terms located on particular pages of this Web Site.
Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement
between you and REDBELL to the extent necessary to resolve any inconsistency or
ambiguity between them. These Terms and Conditions will be governed by and construed
in accordance with the laws of the State of New Delhi, without giving effect to
any principles of conflicts of laws. Any action seeking legal or equitable relief
arising out of or relating to this Web Site will be brought only in the courts of
the State of New Delhi. A printed version of these Terms and Conditions will be
admissible in judicial and administrative proceedings based upon or relating to
these Terms and Conditions to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed
form.
Termination. You or we may suspend or terminate your account or your use of this
Web Site at any time, for any reason or for no reason. You are personally liable
for any orders placed or charges incurred through your account prior to termination.
We reserve the right to change, suspend, or discontinue all or any aspect of this
Web Site at any time without notice.
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions
or if you have any questions or comments, we invite you to contact us.