Terms and Conditions
Acceptance of Terms of Use
These Terms of Use govern your use of the a/k/a Tommy Chong Web site and store. By using, visiting, or browsing the a/k/a Tommy Chong Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the a/k/a Tommy Chong Web site.
These Terms of Use are an ongoing contract between you and a/k/a Tommy Chong and apply to your use of the a/k/a Tommy Chong Web site. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
a/k/a Tommy Chong reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms & Conditions" located at the bottom of the pages of the a/k/a Tommy Chong Web site. The most current version on the Terms of Use will supersede all previous versions. Your use of the a/k/a Tommy Chong Web site or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.
Privacy
Any personally identifying information submitted on the a/k/a Tommy Chong Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
About our web site
a/k/a Tommy Chong is an online information and e-commerce website providing its users with access to our store featuring the award winning documentary a/k/a Tommy Chong and assorted apparel and merchandise. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our web site. All merchandise purchased from our on-line store is processed according to the following schedule. Orders placed from 9am-4:30pm EST, Monday through Friday will ship the same business day. Regular shipping via United States Postal Service or overnight shipping through UPS. Orders placed after 4:30pm EST, on weekends or holidays will be shipped on the next business day. International orders may be subject to additional shipping fees. International customers can contact us at service@akatommychong.com for an explanation or clarification of additional charges. Credit cards are charged when the order is received by our shipping department. You will receive an e-mail confirmation that your order has been received and processed. We make no guarantee as to the shipping and delivery of merchandise and may, in our sole and absolute discretion; change our business practice regarding delivery and shipping, without notice. International orders may be subject to border taxes, tariffs, excise taxes and other import fees. These fees originate from the destination country and are not controlled by our website. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes.
Return Policy
We will replace any dvd that does not function properly as a result of a technical problem. We do not accept returns for products damaged during shipping and we cannot accept returns of apparel or clothing items. Damaged dvd's can be returned to the following address: a/k/a Tommy Chong Store, ATTN: Returns, 2692 Madison Road, N-1 Box 401, Cincinnati, Ohio, 45208. We will replace the dvd and ship it out at no charge within 3-5 business days of receipt.
Account Access; Identity Protection
In order to provide you with ease of access to your account, a/k/a Tommy Chong will place a cookie (a small text file) on any computer from which you register with the a/k/a Tommy Chong Web site. When you revisit the a/k/a Tommy Chong web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share you account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the a/k/a Tommy Chong Web site.
If you find that you're a victim of identity theft and it involves your a/k/a Tommy Chong account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. a/k/a Tommy Chong reserves the right to place any account on hold anytime with or without notification to the account holder in order to protect itself and its partners from what it believes to be fraudulent activity. a/k/a Tommy Chong is not obligated to credit or discount a customer for holds placed on the account by either a representative of a/k/a Tommy Chong or by the automated processes of a/k/a Tommy Chong.
Disclaimers of Warranties and Limitations on Liability
a/k/a Tommy Chong assumes no liability or responsibility for any content contained on, or errors or omissions in the content delivered by the dvds, recommendations or advice of Customer Service, any failures, mis-shipments, delays, or interruptions in the shipment of merchandise, any losses or damages arising from the use of the content provided on the dvd itself, TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not represent or guarantee that your use of the a/k/a Tommy Chong Web site will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon a/k/a Tommy Chong, Awesome Documentaries, LLC or its affiliated parties.
In no event shall a/k/a Tommy Chong, Awesome Documentaries, LLC its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, 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 the a/k/a Tommy Chong site, its contents or the a/k/a Tommy Chong on-line store. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our Website, its content or the a/k/a Tommy Chong store, including any DVDs and merchandise associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of purchase. The foregoing limitations will apply even if the above states remedy fails of its essential purpose. 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
Copyright
All content included on the a/k/a Tommy Chong Web site and delivered to users as part of the service, including DVDs, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of a/k/a Tommy Chong, Awesome Documentaries LLC, or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Awesome Documentaries LLC., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Awesome Documentaries, LLC or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the a/k/a Tommy Chong Web site, not to insert any code or product or manipulate the content of the a/k/a Tommy Chong Web site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. a/k/a Tommy Chong does not promote, foster or condone the copying of DVDs or any other infringing activity.
Trademarks
a/k/a Tommy Chong is a registered trademark of Awesome Documentaries, LLC. The a/k/a Tommy Chong Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Awesome Documentaries, LLC. The trademarks, service marks and trade dress of Awesome Documentaries, LLC may not be used or reproduced without prior written approval from Awesome Documentaries, LLC. and may not be used in connection with any product or service that is not affiliated with a/k/a Tommy Chong, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of a/k/a Tommy Chong, or in any manner that disparages or discredits a/k/a Tommy Chong or Awesome Documentaries, LLC. Other trademarks that appear on the a/k/a Tommy Chong Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by a/k/a Tommy Chong. Any images of persons or personalities contained on the a/k/a Tommy Chong Web site are not an indication or endorsement of a/k/a Tommy Chong or Awesome Documentaries, LLC or any particular product or our merchandise unless otherwise indicated.
Entertainment and Web Site Content
We distribute movie, television, and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information on our Web site to you in any manner we choose in our sole and absolute discretion. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the a/k/a Tommy Chong Web site are those of the respective authors or producers and not of Awesome Documentaries, LLC, or its members or employees. Under no circumstances shall Awesome Documentaries, LLC or its members, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the a/k/a Tommy Chong Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the a/k/a Tommy Chong Web site.
Use of Information Submitted
Awesome Documentaries, LLC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to a/k/a Tommy Chong ("Content"), including, without limitation, responses to questionnaires or through postings to the a/k/a Tommy Chong 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 a/k/a Tommy Chong Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.
Please note a/k/a Tommy Chong does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to a/k/a Tommy Chong. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against a/k/a Tommy Chong and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Occasionally we are able to identify personal CDs, DVDs or other items inadvertently submitted to us as part of our return process. In such instances, we will attempt to return the item to the sender. However, it may not always be possible for us to identify and return your personal items. We disclaim any responsibility for and you hereby expressly release us from any liability arising from any re-transmission, including both the shipment and receipt of such items. We encourage you to be careful in returning items to us.
Service Testing
From time to time, we test various aspects of our service, including delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Electronic Communications
By using the a/k/a Tommy Chong web site and on-line store, you consent to receiving electronic communications from a/k/a Tommy Chong. These communications may include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our store, such as featured films or other entertainment information or offerings. These communications are part of your relationship with a/k/a Tommy Chong and you receive them as part of your registration on the web site. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Customer Service
If you need assistance with your account, you may reach Customer Service Monday through Friday between 8:30am and 5pm eastern time or by sending an email to service@akatommychongstore.com. You will find answers for many frequently asked questions and information on reaching a live Customer Service Representative or visiting our FAQ page.
Your Conduct on the a/k/a Tommy Chong Web Site
By accessing the a/k/a Tommy Chong Web site, you agree to use the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail 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 a/k/a Tommy Chong Web site. You also agree not to interfere with the servers or networks connected to the a/k/a Tommy Chong Web site or to violate any of the procedures, policies or regulations of networks connected to the a/k/a Tommy Chong Web site. You also agree not to impersonate any other person while using the a/k/a Tommy Chong Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the a/k/a Tommy Chong Web site for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to use the a/k/a Tommy Chong on-line store. While individuals under the age of 18 may use the website, they may do so only with the involvement of a parent or legal guardian. a/k/a Tommy Chong and Awesome Documentaries, LLC does not intentionally seek to collect information from individuals 13 years of age and younger (see also "Profiles"). Unless otherwise specified, the content on the a/k/a Tommy Chong Web site is for your personal and non-commercial use and we grant you a limited license to access the a/k/a Tommy Chong Web site for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of 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 a/k/a Tommy Chong Web site without our express written consent. a/k/a Tommy Chong and Awesome Documentaries, LLC do not promote, foster or condone the copying of DVDs, digitally delivered content, or any other infringing activity. Any unauthorized use of the a/k/a Tommy Chong Web site or its contents will terminate the limited license granted by us.
Sale of dvds and merchandise
We offer dvds and merchandise for sale through our Web site. Click on the appropriate merchandise link at the left of our store page to view the items that are available for sale. The items available for sale may change from time to time and are subject to continued availability.
To make a purchase, just click the image of the item you wish to buy, then click “add to cart” at the bottom of the detail page and follow the check out instructions. Your purchase will be processed and will be shipped to the address you set up in when you register with our site. Applicable taxes and shipping charges will be added to the purchase price. The items will be shipped as described above in the “about our website” section.
We guarantee the quality and playability of every DVD you purchase from us. We also guarantee that your purchase will arrive with its original cover art and case in good condition. If your purchase arrives damaged or if you find upon receipt that the disc is unplayable in your DVD player, return it to us and we will replace it for free.
Right to Terminate
We reserve the right to terminate or restrict your use of our on-line store, without notice, for any or no reason whatsoever.
Links
Some of the hyperlinks on the a/k/a Tommy Chong Web site may lead to other Web sites that are not controlled by, or affiliated with a/k/a Tommy Chong or Awesome Documentaries, LLC. In addition, other Web sites may link to the a/k/a Tommy Chong Web site. a/k/a Tommy Chong and Awesome Documentaries, LLC has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.
Claims of Copyright Infringement
It is the policy of a/k/a Tommy Chong and Awesome Documentaries, LLC to respect the intellectual property rights of others. Awesome Documentaries, LLC does not promote, foster or condone the copying of DVDs or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the a/k/a Tommy Chong Web site, or know of someone who is making unauthorized use of the content of the a/k/a Tommy Chong Web site, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest ;
(ii) Identification of the copyrighted work claimed to have been infringed ;
(iii) Identification of the material on the a/k/a Tommy Chong Web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address ;
(v) A statement that you have 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;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed
Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above.
Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our website or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following :
i) Your physical signature.
(ii) Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us within ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it.
Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address :
Awesome Documentaries, LLC
Attn: Copyright Dept.
P.O. Box 8189
Cincinnati, OH 45208
Or fax to :
513-979-5392, Subject: Copyright Infringement Notification
Disputes; Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the states of Ohio and Kentucky, without regard to conflicts of laws provisions. You and Awesome Documentaries, LLC agree that the United States District Court for the State of Ohio and/or the Ohio Superior Court for the County of Hamilton shall have exclusive jurisdiction over any dispute between you and a/k/a Tommy Chong and Awesome Documentaries, LLC relating in any way to the a/k/a Tommy Chong Web site or these Terms of Use. You and Awesome Documentaries, LLC expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, nonrepresentative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.
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