Terms & Conditions

Last Modified: 30 September 2020

These “Terms” record the Terms and Conditions agreement between you (“you”, “your”) and Obscure Video & DVD, USA  (“we”, “us”, “our”), regarding your use of and access to the website located at http://www.obscurevideos.com or any portions thereof (collectively, the “Website”), our customer service (including refunds) and any resources, features, functionality, or services made available through the Website (collectively, the “Service”).
Acceptance
REGARDLESS OF WHETHER YOU ARE OR ARE NOT A REGISTERED USER OF OBSCURE VIDEO & DVD, BY USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY LOCATED AT: http://obscurevideos.com/index.php?route=information/information&information_id=3. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, DO NOT USE THIS WEBSITE.

Obscure Video & DVD reserves the right to change, add, or delete any portions of these Terms from time to time, without liability or any notice to you. All changes are effective immediately when we post them. Your continued use of the Website constitutes your acceptance of agreement with any and all such changes. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and to review such changes. At its sole discretion, Obscure Video & DVD also may offer other services or features governed by different terms and conditions.

Accessing Website
Obscure Video & DVD reserves the right at any time and in its sole discretion to modify, refuse (to anyone for any reason) or discontinue, temporarily or permanently, the Website, the App or the Service (or any part thereof) with or without any notice. You agree that Obscure Video & DVD shall not be liable to you or to any third party for any claim or loss related to you and arising out of such modification, suspension, or discontinuance of the Service.

Users
You understand and agree that the Service may include certain communications from Obscure Video & DVD. When you sign in for the first time, your preferences will be set by You, selecting which interactions you wish to receive or opt-out of. However, you will be able to edit these preferences at any time under “Settings”.

Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and should not be shared by you with anyone else. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You may not have multiple accounts on Obscure Video & DVD. Users may create one (1) account for the same single user.

Each user represents, warrants and agrees that any information posted or displayed to the Website shall:
be true, accurate, complete and lawful;

<> not be false, misleading or deceptive;
<> not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
<> not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
<> not violate any of Obscure Video & DVD’s policies or any other terms.

Each user represents, warrants and agrees that you shall:
<> carry on your activities on the Website in compliance with any applicable laws and regulations;
<> carry on your activities in accordance with these Terms and any applicable additional agreements;
<> not use the Service to defraud any person or entity (including without limitation return of stolen items, use of stolen credit/debit cards);
<> not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
<> not engage in spamming or phishing;
<> not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
<> not attempt to copy, reproduce, exploit, expropriate, license, sell, rent, lease, assign, distribute, transmit, or otherwise commercially exploit the Service or make the Service available to any third party on any proprietary directories, databases and listings;
<> not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
<> not involve any scheme to undermine the integrity of the data, systems or networks used by Obscure Video & DVD and/or the Service or gain unauthorized access to such data, systems or networks;
<> not engage in any activities that would otherwise create any liability for Obscure Video & DVD or our affiliates.
<> not modify, make derivative works of, disassemble, decrypt, reverse compile, reverse engineer, modify, or attempt to derive the source code of any part of the Obscure Video & DVD Website.

Age Verification
By registering as a user, you certify that you are 18 years of age or older. Anyone under the age of 18 may not become a Obscure Video & DVD user, and parents or legal guardians may not agree to these Terms on their behalf. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally-identifiable information or for the use of the Service, by registering as a user, you hereby represent that your registration as a user, the provision of your personally-identifiable information to us, and our use of such personally-identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

User Communication
Obscure Video & DVD has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in Obscure Video & DVD’s sole discretion. By using the Website, or the Service or communicating with Obscure Video & DVD or others by means of your access to the Website, you consent to receiving communications from Obscure Video & DVD, including but not limited to, emails, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Website, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates these Terms.

Privacy
By using the Website, or Service or becoming a registered user, you agree to be subject to the terms and conditions set forth in our Privacy Policy. All information we collect on this Website or through our Services are subject to the Privacy Policy.

Ownership
The Website, the content and all intellectual property rights included in or associated with the Website, including, but not limited to patents, copyrights, trademarks, service marks, logos, (collectively, the “Content”) are either owned by Obscure Video & DVD or owned by others and licensed to us. All rights, title and interest in and to the Website and such Content remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website, or in the Content. You agree not to access the Service by any means other than through the interface Obscure Video & DVD provides via the Website for use in accessing the Service. Unless specifically set forth herein, your use of the Website, or Service does not grant you any right, license or permission of any kind to reproduce, distribute, modify, create derivative works of, publicly display, republish, store, download, or otherwise use Obscure Video & DVD intellectual property.

The Content is provided for general information only. It is not intended to amount to advice on which you should rely, and any reliance you place on such information is strictly at your own risk. Obscure Video & DVD disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of the Content. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete, useful or up to date.

User Feedback and Content Submissions
Obscure Video & DVD welcomes your feedback, but if you send us or post or embed on the Website, or via any part of the Service, (a) any feedback, messages or comments; (b) your creative or original concepts or ideas; (c) any content, data, text, photographs, graphics or other materials; or (d) any confidential, proprietary or other information (each, a “Submission”), you represent and warrant to Obscure Video & DVD that you own the Submission and have the right to grant Obscure Video & DVD the license set out below.

You agree that in using all or part of a Submission, Obscure Video & DVD shall not be required to compensate you for any such license or Submission in addition to the provided possibility to utilize the Service, that any such Submission shall not be considered confidential, proprietary, or non-public once submitted to Obscure Video & DVD, and that Obscure Video & DVD alone is free to decide whether or not to post or use all or any part of the Submission. In the event that all or part of a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to Obscure Video & DVD via the Website, or otherwise, you: (a) agree not to make any Submission that violates these Terms in any way; (b) automatically grant Obscure Video & DVD a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of any use by us or any of our licensees of any Submission; and (e) agree that you, not Obscure Video & DVD, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these Terms.

Obscure Video & DVD reserves the right to remove any Content at any time with or without any notice. Inappropriate content is not permitted on the Website. Inappropriate content includes, but is not limited to: Submission related to firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products; adult or pornographic material; offensive or obscene material; Submission that promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Submission that will likely deceive any person; Submission that impersonate any person or misrepresents your identity or affiliations; or Submission that violates the intellectual property rights or right to privacy of any other person. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Obscure Video & DVD’s employees, officers, partners or customers may result in immediate termination of your accounts.

We are not responsible for viruses, spyware, worms or any other malicious software or code and you must not introduce them to the Website.

This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS OBSCURE VIDEO & DVD AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OBSCURE VIDEO & DVD DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OBSCURE VIDEO & DVD OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website and cannot ensure prompt removal of inappropriate content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding Submissions, transmissions, communications, or content provided by any user or third party.

Termination
Obscure Video & DVD shall have the right to terminate your use of the Website, and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, Obscure Video & DVD shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that Obscure Video & DVD terminates your use rights, Obscure Video & DVD shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and/or liabilities occasioned by any such breach or violation.
All provisions of these Terms will survive termination. Termination of these Terms will not limit any of Obscure Video & DVD’s rights or remedies at law or in equity in case of breach by you (during the term of these Terms) of your obligations under the present Terms.

Linking and Third-Party Content
The Website and Service may contain links to third-party websites or services not under our control or operation. You acknowledge and agree that Obscure Video & DVD shall not be responsible for any third-party websites or services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Obscure Video & DVD or users may provide any such links only as a convenience and you access and use them entirely at your own risk and subject to such third party’s terms and conditions. Obscure Video & DVD does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website may contain news, advertisements, content, image and information published by various third-party providers. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to our site in any website that is not owned by you. The website in which you are linking must comply in all respects with our content standards from time to time.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without any notice at any time.

Copyright Infringement
Since we respect artist and content owner rights, it is Obscure Video & DVD’s policy to consider notices of alleged infringements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on Obscure Video & DVD, please notify Obscure Video & DVD’s copyright agent at kevincoon1111@gmail.com. When filing your report, please provide the following information:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

Identification of the copyrighted work that you claim has been infringed;

Identification of the material that is claimed to be infringing and where it is located on Obscure Video & DVD;

Information reasonably sufficient to permit Obscure Video & DVD to contact you, such as your address, telephone number, and e-mail address;

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 law; and

A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Sales, Custom and Value-added taxes
In an effort to comply with consumer legislation, we strongly encourage our merchants as well as our end customers to maintain good standing with respect to custom and value-added taxes or VAT, where applicable.

Due to separate and applicable tax jurisdictions, the end customers’ purchases may be subject to specific sales, custom or value-added taxes, (and it is your responsibility to pay these, if applicable), and the shipping time and associated cost may increase. When ordering an item via the Website you are the importer of goods and must fully comply with all laws and regulations of the destination country.

Please note that it may not always be possible for a merchant to accept an order (perhaps because you live in a country that restricts imports or imposes high import tariffs or for other reasons) and that an order will only become binding if it is accepted by the merchant. It typically takes 2-3 business days for a merchant to ship your order although the exact delivery times will vary depending on your location.
 
Please note that if there is a change in the rate of any sales tax between your order date and the date any product is supplied to you, we may be required to adjust the rate of sales tax that you pay.

Refund terms

You will be entitled to a full refund if:

# -- More than 75 days since the purchase date have passed and the product has not been delivered. This period may be extended in specific cases. You will be notified about any such extension before your order is accepted.

# -- Product quality is significantly worse than that in the relevant product description, meaning the item is defective, or the information provided in its description on the Website turns out to be substantially incorrect and there is no way you can enjoy the product.

# -- You have not used the product or done anything to it that makes it no longer saleable as new. Please note that you must return each item in the same condition in which you received it. This means that new items must be returned new, unused and complete. Used items must not have any additional signs of use or damage.

# -- You should return the product to the merchant. Do not forget to contact our customer support team to clarify the return address before you return the product; otherwise Obscure Video & DVD reserves the right to reject your refund request. Only after the support team has received a proof of the return shipment can a refund be considered. We aim to respond to all requests within 48 hours upon receiving the same.

The following products cannot be returned unless they were clearly defective:
# -- Products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;

# -- Sealed audio or video recordings if unsealed by you after delivery;
Goods damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.) and/or by misuse or activities other than the intended purpose.

# -- Obscure Video & DVD does not cover the shipment costs of returns.

Refund process
Refunded monies are transferred only to the card or PayPal account you used to make your purchase.

We aim to complete the refund process for valid claims within less than 14 days after receiving the returned defective product/s. Our usual processing time is 2-3 business days.

Warranty Disclaimer
Neither Obscure Video & DVD nor its licensors or suppliers makes any representations or warranties concerning any Content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service.

Products and Services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided from Obscure Video & DVD “AS IS” and without any warranty of any kind, either express or implied. Any written warranty about a specific product by a third-party merchant using Obscure Video & DVD’s platform to sell a particular product extends from the merchant to you directly and binds only the merchant, not Obscure Video & DVD.

YOUR USE OF THE WEBSITE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SAME IS AT YOUR OWN RISK. THE WEBSITE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SAME ARE PROVIDED BY OBSCURE VIDEO & DVD (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER OBSCURE VIDEO & DVD NOR ANY PERSON ASSOCIATED WITH OBSCURE VIDEO & DVD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR CONTENT THEREOF.

For products shipped internationally, please note the following: the manufacturer warranty may not be valid, depending on the manufacturer’s or your jurisdiction; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported your country. When ordering from the Website, you are the importer and must therefore comply with all laws and regulations of your country.

LIMITATION OF LIABILITY
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. HOWEVER TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF STATUTORY DUTY, STRICT LIABILITY, OR OTHERWISE, SHALL OBSCURE VIDEO & DVD (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DAMAGES OF ANY KIND (EVEN IF FORESEEABLE), UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, LOSS OF GOODWILL BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR ANTICIPATED SAVINGS, WORK STOPPAGE, ACCURACY OF RESULTS, LOSS OF DATA, OR COMPUTER FAILURE OR MALFUNCTION. IN NO EVENT SHALL OBSCURE VIDEO & DVD'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (I) 100 U.S. DOLLARS OR (II) THE AMOUNT PAID BY YOU TO OBSCURE VIDEO & DVD IN CONNECTION WITH THE PRODUCT OR SERVICES GIVING RISE TO THE APPLICABLE CLAIM.

Indemnity
To the fullest extent allowed by applicable law, you agree to indemnify and hold Obscure Video & DVD, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms, including any Submissions, any use of the Website or App content, Services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

In the event of such a claim, suit, or action, we will attempt to provide notice of such claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without Obscure Video & DVD’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.

Choice of Law
These Terms and your use of the Service will be governed by and interpreted in accordance with the laws of the State of Idaho and all claims and disputes (including non-contractual claims and disputes) arising out of or in connection with your use of the Service will be determined in accordance with the laws of the State of Idaho, without giving effect to any choice or conflict of law provision or rule. The United Nations Convention on Contracts for the International Sale of Products is hereby excluded from this Agreement.

Other Terms
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that Obscure Video & DVD may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

You and Obscure Video & DVD agree that these Terms and our Privacy Policy are the sole and entire agreement and mutual understanding between you and Obscure Video & DVD, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Obscure Video & DVD, and you do not have any authority of any kind to bind Obscure Video & DVD in any respect whatsoever.

Dispute Resolution - Mandatory, Bilateral Arbitration and Waiver of Class Actions
Please read this carefully. It affects your rights. YOU AND OBSCURE VIDEO & DVD AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICE, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SERVICE, TO THESE TERMS, OR TO THE CONTENT, AND/OR USER SUBMISSION (PUBLIC, PERSONAL AND/OR LIMITED AUDIENCE) ON THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION AS FURTHER DESCRIBED BELOW.

“Disputes” shall include, but are not limited to, any claims or controversies between you and Obscure Video & DVD related in any way to or arising out of in any way from the Service, the Content, or any Submission, including but not limited to claims or controversies concerning any sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Obscure Video & DVD, even if the claim arises after you or Obscure Video & DVD has terminated Service or a user account.

Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Obscure Video & DVD brings against you.

Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Obscure Video & DVD, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Obscure Video & DVD; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.

Dispute Notice
Before initiating an arbitration, you and Obscure Video & DVD each agree to first provide the other party a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute sent to Obscure Video & DVD should be sent to: Obscure Video & DVD, 3747 N 2600 E, Twin Falls, ID 83301 and emailed to kevincoon1111@gmail.com. Obscure Video & DVD will provide a Notice of Dispute to you via the email address associated with your Obscure Video & DVD User Account.

You and Obscure Video & DVD agree to make attempts to resolve the Dispute during the period of 45 days after a Notice of Dispute is given and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Obscure Video & DVD may commence an arbitration proceeding.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. Further, unless both you and Obscure Video & DVD expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Cost of Arbitration
Unless the arbitrator determines the claim is frivolous, (1) Obscure Video & DVD will pay all filing, administration, and arbitrator fees associated with the arbitration, at your request, for claims for which the value of the relief sought is $1,000 U.S. Dollars or less; (2) Obscure Video & DVD will seek attorneys’ fees and costs in arbitration; and (3) you will be entitled to recover reasonable attorney fees. However, if the arbitrator determines that the claim is frivolous, you agree to reimburse Obscure Video & DVD for all of the foregoing fees paid by Obscure Video & DVD on your behalf.

Waiver of Jury Trial
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial. YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND OBSCURE VIDEO & DVD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.

Arbitrator’s Decision
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review, and judgment on the award may be entered in any court of competent jurisdiction.

Contact Information
Please feel free to contact Obscure Video & DVD with any questions or concerns at:
Obscure Video & DVD
3747 N 2600 E
Twin Falls, ID  83301
Email:  kevincoon1111@gmail.com
Telephone:  330-503-9480