Terms and Conditions  

Barn Sweet Barn Dvds LLC rents and allows Customer’s use of the DVD or other product subject hereto, only on the following Terms and Conditions.  By acceptance of said product and use thereof, the Customer agrees with the following Terms and Conditions:

All content on any product provided by Barn Sweet Barn Dvds LLC, in its catalog, in any related materials and/or products delivered to Customer as part of the Barn Sweet Barn Dvds LLC service, included but not limited to DVDs, text, graphics, logos, videos, designs, photographs, images, audio/video work, and any downloads, if any, is the sole property of Barn Sweet Barn Dvds LLC or its suppliers and is protected by United States and International copyright laws.  No content of any product provided by Barn Sweet Barn Dvds LLC  may be reproduced or used without the expressed written permission from Barn Sweet Barn Dvds LLC or the holders of the copyright protection regarding same.  The use of any product provided by Barn Sweet Barn Dvds LLC is solely for Customer’s personal and noncommercial use, and no commercial use, reproduction, or other use is authorized.  Barn Sweet Barn Dvds LLC or its suppliers reserve the right to take any action to prevent or remedy any actual potential or threatened violation of this paragraph, including but not limited to copyright infringement claims, violations including the copying of any product rented to you or the copying or other unauthorized use of any product or any proprietary content.  Barn Sweet Barn Dvds LLC does not promote, foster or condone the copying of any product or any other infringing activity.  The use of any product rented hereunder is solely for Customer’s personal and noncommercial use.

Barn Sweet Barn Dvds LLC does not warrant the accuracy, completeness, safety, or any other aspect of any product or content subject hereto.  The use of the instructions, descriptions, suggestions, procedures, or any other aspect of any product rented hereunder shall be at the sole risk of Customer or user.  The rental hereof does not include any warranty or guaranty that any such information is correct, safe, advisable or appropriate. Customer acknowledges that participation in equine activities involves an inherent and unavoidable risk of injury, property damage or death.  Barn Sweet Barn Dvds LLC does not warrant or guaranty whether or not such inherent and unavoidable risk is increased, decreased, or in any way affected by the content, instructions or suggestions of any content rented hereunder.  Customers are advised to utilize their own discretion, judgment, prudence, and care. Users of the Barn Sweet Barn Dvds LLC website, rented, and all other products and associated materials understand, accept and assume full responsibility and liability for Customers’ actions or inactions.

The renting, purchasing, use, acceptance or other interaction with any product provided by Barn Sweet Barn Dvds LLC shall constitute acceptance and agreement with all of the Terms and Conditions identified hereunder.  Membership to BSB shall separately also constitute full agreement and acceptance of all Terms and Conditions identified herein.

Customer acknowledges that any product rented hereunder must be returned to Barn Sweet Barn Dvds LLC within the rental period identified herein.  Customers authorize Barn Sweet Barn Dvds LLC to charge to their credit card, and otherwise agrees to pay, the greater of replacement cost or retail price of any product not timely returned within the rental period hereunder.  In addition, Customer shall be responsible for any and all costs, replacement cost, expenses, liability, or other amounts incurred by Barn Sweet Barn Dvds LLC due to or related to the failure of Customer to timely return any product rented hereunder.

Customer shall provide for the proper use, handling, packaging, and care of any and all product rented hereunder. Customer shall be responsible for any cost, loss or expense incurred by Barn Sweet Barn Dvds LLC as a result of the failure, refusal or neglect of Customer to provide for same.

In the event that any product received by Customer is received damaged and/or unplayable, then Customer shall immediately notify Barn Sweet Barn Dvds LLC and return the damaged or unplayable product to Barn Sweet Barn Dvds LLC.  Upon receipt of same, Barn Sweet Barn Dvds LLC’s duty and liability shall be to send the same or reasonably comparable product to Customer for Customer’s use under the Terms and Conditions identified herein.  Barn Sweet Barn Dvds LLC LLC shall not be liable for any costs, expense, damage or other amount incurred by Customer as a result of damaged or unplayable product.

The website of Barn Sweet Barn Dvds LLC provides an opportunity for Customers and staff to offer feedback or other comments regarding product provided for hereunder.  Barn Sweet Barn Dvds LLC reserves the right to post or to fail or refuse to post, and to edit any comment for clarity, for the removal of objectionable or unacceptable comments as so deemed by Barn Sweet Barn Dvds LLC, or for any other purpose  Customer waives any and all copyright or other intellectual property rights and remedies to any postings, a paraphrase of any postings, or other derivatives therefrom.  Barn Sweet Barn Dvds LLC reserves the right to post, not to post, to post portions of comments, to paraphrase, or otherwise edit as determined appropriate in the sole discretion of Barn Sweet Barn Dvds LLC LLC.  Said postings will contain the first name and city or other geographical information regarding the Customer, and Customer waives any and all privacy rights related thereto.

Subscription Plans.  Customer may subscribe to the services of Barn Sweet Barn Dvds LLC under the following Terms and Conditions:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

Customer may cancel Customer’s subscription by written notice to Barn Sweet Barn Dvds LLC.  In the event of any such cancellation, it is Customer’ responsibility and liability to return to Barn Sweet Barn Dvds LLC within seven days of said cancellation any and all product belonging to or received from Barn Sweet Barn Dvds LLC.  By subscribing, Customer agrees to the recurring billing and other Terms and Conditions of said subscription.

Barn Sweet Barn Dvds LLC disclaims any and all warranties regarding any product, including but not limited to Warranty of Merchantability, Warranty of Fitness for a Particular Purpose, and all other warranties implied by law.  Customer acknowledges that Barn Sweet Barn Dvds LLC has not complied, edited, reviewed or endorsed any content of any product provided hereunder, and makes no warranty or representation regarding same.  Customer cannot and shall not hold Barn Sweet Barn Dvds LLC responsible or liable for same.

In the event that Barn Sweet Barn Dvds LLC incurs any cost or expense including but not limited to attorney fees and costs in protecting or enforcing its rights and remedies under this Terms and Conditions, then Customer shall be liable for same.

Customer agrees to all the Terms and Conditions identified above. 

Acceptance of Terms & Conditions

These Terms & Conditions govern your use of the Barn Sweet Barn Dvds LLC Web site. By using the Barn Sweet Barn Dvds LLC Web site, you accept and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use the Barn Sweet Barn Dvds LLC Web site.

Changes to Terms & Conditions

Barn Sweet Barn Dvds LLC reserves the right, from time to time, with or without notice to you, to change these Terms & Conditions at its sole discretion. The most current version of these Terms & Conditions can be reviewed by clicking on the "Terms & Conditions" hyperlink located at the bottom of most pages of the Barn Sweet Barn Dvds LLC Web site. The most current version of the Terms & Conditions will supercede all previous versions. Your use of the Barn Sweet Barn Dvds LLC Web site after changes are made means that you agree to be bound by such changes.

Membership and Billing

You can find the specific details regarding your subscription with Barn Sweet Barn Dvds LLC at anytime by clicking on the "My Account" tab, located at the top of the pages of the Barn Sweet Barn Dvds LLC Web site.
  • Free Trials  
    Free trials are only available to new subscribers of the Barn Sweet Barn Dvds LLC service. Previous subscribers or trialists of Barn Sweet Barn Dvds LLC do not qualify for a free trial. Only one free trial may be redeemed per household and a free trial may not be combined with any other offer. You must have Internet access and a valid credit/debit card to redeem a free trial offer. People who break this rule will be charged the monthly subscription, without notice, for any additional trial taken.

    Upon registering for your free trial, your credit card will be authorized for approximately three months of service. No charges, however, will be made against the card unless you do not cancel prior to the end of your free trial period or you do not return movies before the end of the trial.

    The free trial will end once you have rented the maximum allowed movies for the trial period or at the end of the period of your trial, whichever is reached first. The movie limit for your trial period is displayed in the "My Account" section. You may choose to become a full member at any time during the free trial period.

    We will begin billing your credit card for monthly subscription fees for the Barn Sweet Barn Dvds LLC service once you have rented the next movie after your maximum allowed or your trial period has ended, whichever is reached first, unless you cancel prior to the end of your free trial and return the movies before the end of the trial. We will continue to bill your credit card on a monthly basis for the Barn Sweet Barn Dvds LLC service until you cancel.

    You must cancel your account and return all movies before the end of your free trial period to avoid charges to your credit card. For instructions on how to do this, see the section on 'cancellation' below.

    Barn Sweet Barn Dvds LLC reserves the right to change the free trial offer without notice.
     
  • Billing
    As a subscriber to Barn Sweet Barn Dvds LLC, you agree that we are permitted to charge your credit card a monthly subscription fee and any other charges you may incur in connection with your use of Barn Sweet Barn Dvds LLC. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter, unless you cancel your membership or we terminate it. The maximum number of rentals for a subscription period is shown in the package information section and also in the "My Account" section. 

    All fees and charges are non-refundable. 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 by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your credit card information by clicking on the "My Account" button, available at the top of most pages of the Barn Sweet Barn Dvds LLC Web site. If you have not cancelled your subscription and your credit card expires we reserve the right to automatically change the expiration date on your credit card.
     
  • Annual Membership  
    A discounted annual membership is available for each subscription package. The fee is charged for one year's subscription in advance. We do not provide refunds or credits for any partial annual subscription period.
     
  • Automatic Renewals  
    Your Barn Sweet Barn Dvds LLC subscription will be automatically renewed each month. For your convenience, we will charge the regular subscription fee to the credit card you provide to us during registration (or to a different credit card if you change your account information). Your membership will automatically renew for successive periods' subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of subscription fees to your credit card.
     
  • Expired or Invalid Credit Cards  
    The terms we agree with you are dependent on a valid credit card being available for charging each month. Should your credit card expire, or reach its credit limit, we will send you a reminder to that effect.

    If you do not update your card details and continue to keep your rented discs you will be charged at the rate of $1.50 per day for each disc not returned. This is to allow us to continue to provide a high level of service to other members.

    If you have any difficulties with your credit limit, then we advise you to freeze your account (discs must be returned before freezing takes effect) and unfreeze when funds become available.

    In all circumstances you must return the discs to us when you fail to make payment, to avoid unnecessary charges and potential legal action.
     
  • Delivery and Return of Movies  
    We currently use the United States Postal Service (U.S.P.S.), First class postage prepaid, to deliver and return the movies you order. Actual delivery times may vary for you depending on (I) our stock availability, (II) your delivery address, (III) when you make your selection and (IV) circumstances impacting delivery by the U.S.P.S. Any delays in the U.S.P.S. delivery times are outside the control of Barn Sweet Barn Dvds LLC. Barn Sweet Barn Dvds LLC, therefore, is not responsible for U.S.P.S. postal delays or misdirected mail. It is your responsibility to ensure that your address has been entered correctly, including your zip code. If you change address, you must update your address details in My Account to ensure that no movies are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any movies posted to the wrong address. You may wish to use our Freeze facility during your move.

    You agree to treat the movies and their associated packaging with the utmost care at all times. You agree that you may need to compensate Barn Sweet Barn Dvds LLC for any movie lost or returned in an unacceptable condition (beyond reasonable wear and tear) - and that you allow Barn Sweet Barn Dvds LLC to charge such compensation to your credit card. We will notify you of any such charges. Should a member withhold payment and fail to return movies when requested, then Barn Sweet Barn Dvds LLC will pursue the member for the cost of these movies and all associated legal and recovery expenses.
     
  • Movies Lost or Delayed in the Mail  
    If a movie is delayed or lost in the post this should be reported using the "Report a Problem" link. If the movie has been lost in return, a form declaring mail delivery loss will be sent to you for completion. A receipt of mailing should be attached if this was obtained from a Post Office when the movie was returned. If you have been affected by a postal delay or loss we recommend that you obtain a receipt of mailing for any further movies returned by you. A receipt of mailing must be attached to the form declaring mail delivery loss for second or subsequent losses. For any movie reported missing, the form declaring mail delivery loss must be returned within 7 days, otherwise you will be charged the full recommended retail price of the movie. Any fraudulent declarations will result in termination of your account and immediate and full prosecution.
     
  • Cancellation  
    As noted above, you may cancel your subscription to Barn Sweet Barn Dvds LLC at anytime. It is essential to cancel your membership no later than the day before your next payment date, so that you are not charged for the next month's membership, and before returning your last movie so that we do not send another.

    It is also essential to cancel via the web site to ensure that your payments are ceased in the proper manner. Please note the onus is on you to cancel.

    To cancel, click the "My Account" tab and follow the instructions under the heading "Cancel My Membership." We do not provide refunds or credits for any partial monthly or annual subscription periods. Upon cancellation, you must return any outstanding movies to Barn Sweet Barn Dvds LLC prior to your next payment date, getting a receipt of mailing as proof of return. If the movies are returned after your next payment date you will be charged for the next month's subscription  (We allow 2 days to compensate for any postal delay). Failure to return such movies will result in your credit card being billed for such items. If we have sent a movie to you that you have not received, you must notify Barn Sweet Barn Dvds LLC of this within 7 days of it being dispatched and before cancelling, otherwise you will be billed for the item.

Account Access

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, Barn Sweet Barn Dvds LLC will place a 'cookie' (a small text file) on any computer you use to access the Barn Sweet Barn Dvds LLC Web site. When you revisit the Barn Sweet Barn Dvds LLC web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.  

Disclaimers of Warranties and Limitations on Liability

The Barn Sweet Barn Dvds LLC Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Barn Sweet Barn Dvds LLC Web site or its contents. We assume no liability or responsibility for any errors or omissions in the content of the Barn Sweet Barn Dvds LLC Web site, any failures, delays, or interruptions in the shipment of movies, delivery of any content contained on the Barn Sweet Barn Dvds LLC Web site, any losses or damages arising from the use of the content provided on the Barn Sweet Barn Dvds LLC Web site, or any conduct by users of the Barn Sweet Barn Dvds LLC web site. We reserve the right to deliver movies at our sole 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 Barn Sweet Barn Dvds LLC, its 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 this information. 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.

Intellectual Property

You may use any Barn Sweet Barn Dvds LLC movies for your personal use (and that of your family and friends) only at the address shown on your account. Commercial exploitation or copying of our movies is not permitted.
  • Copyright
    All content included on the Barn Sweet Barn Dvds LLC Web site, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Barn Sweet Barn Dvds LLC or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Barn Sweet Barn Dvds LLC and protected by U.S. and international copyright laws. They should not be reproduced or used without express written permission from Barn Sweet Barn Dvds LLC.

  • Commercial Exploitation
    You may not sell, lease, lend, license, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any of Barn Sweet Barn Dvds LLC movies in any way, at any time.

  • Movie duplication
    You agree not to make any unauthorized copies of any Barn Sweet Barn Dvds LLC movies.

Entertainment and Web Site Content

We distribute movie, television, and other audio-visual entertainment. In addition, the Barn Sweet Barn Dvds LLC Web site allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Barn Sweet Barn Dvds LLC Web site are those of the respective authors or producers and not of Barn Sweet Barn Dvds LLC or its directors, officers, or employees. Under no circumstances shall Barn Sweet Barn Dvds LLC or its directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Barn Sweet Barn Dvds LLC Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Barn Sweet Barn Dvds LLC Web site.

We permit you to post reviews on the Barn Sweet Barn Dvds LLC Web site in accordance with the procedures established on the Barn Sweet Barn Dvds LLC Web site and provided that the content is not illegal, obscene, libellous, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the Barn Sweet Barn Dvds LLC Web site; however, we reserve the right to remove or edit such content at anytime without notice.

Use of Information Submitted

Barn Sweet Barn Dvds LLC is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Barn Sweet Barn Dvds LLC Web site 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 Barn Sweet Barn Dvds LLC Web site or other Web sites. Furthermore, by posting any information on our site, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.

Your Conduct on the Barn Sweet Barn Dvds LLC Web Site

By accessing the Barn Sweet Barn Dvds LLC Web site, you agree not to upload, post, email 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 Barn Sweet Barn Dvds LLC Web site. You also agree not to interfere with the servers or networks connected to the Barn Sweet Barn Dvds LLC Web site or to violate any of the procedures, policies or regulations of networks connected to the Barn Sweet Barn Dvds LLC Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Barn Sweet Barn Dvds LLC Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the Barn Sweet Barn Dvds LLC Web site for any unlawful purpose.

Limitations on Use

You must be 18 years of age or older to use the Barn Sweet Barn Dvds LLC service. Unless otherwise specified, the content on the Barn Sweet Barn Dvds LLC Web site is for your personal and non-commercial use and we grant you a limited license to access the Barn Sweet Barn Dvds LLC Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Barn Sweet Barn Dvds LLC Web site without our express written consent. Any unauthorized use of the Barn Sweet Barn Dvds LLC Web site or its contents will terminate the limited license granted by us.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms, including, in particular the section headed 'Commercial Exploitation'. In the event that we do so we will give you 7 days to return our movies and failure to return these movies will incur charges, as described under 'Cancellation' above.


Terms and Conditions last updated 11 January 2008.
 
© 2007-2008 Barn Sweet Barn LLC