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Terms & Conditions
INTRODUCTION
This Agreement contains the complete terms and conditions that apply between Draco Broadcast and you in joining, buying, and all other activities you will make in our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
USE OF THE SITE & PROHIBITIONS
The Site allows you to view products and shop online. However, you are prohibited to use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools.
PAYMENTS AND PROCESSING OF INVOICES
Draco Broadcast has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Draco Broadcast prior to the latter’s acceptance of an order. Unless credit terms have been agreed upon, payment for the products shall be made by credit card, PayPal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately. Draco Broadcast has all the discretion to cancel or deny orders. Draco Broadcast is not responsible for pricing, typographical, or other errors in any offer by Draco Broadcast and reserves the right to cancel any orders arising from such errors.
REFUND POLICY
We do not have to provide a refund, so please choose carefully. If you choose to return an item or items within the first 30 days—whether or not there is a problem with the item(s)— a full refund will be given, minus a restocking fee, which will be 15%, or $10.00, whichever is greater.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. In cases of mispriced items in our catalogs in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISITS TO, AND SHOPPING IN, OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
ACKNOWLEDGMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, belong to Draco Broadcast, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, products, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUD
Fraudulent activities are highly monitored in our site and if fraud is detected Draco Broadcast shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY, WARRANTY DISCLAIMER, AND LIMITATIONS OF LIABILITY
LIMITED WARRANTY
Draco Broadcast warrants that hardware products will be free from defects in material and workmanship for a period of one year from the date of purchase. However, this warranty does not cover light stands which are included as zero-dollar items in a multi-light kit. This warranty also does not cover any light which has been opened up by anyone (regardless of what degrees or training the person has) who is not an authorized Dracast service technician.
SCOPE OF LIMITED WARRANTY
This Limited Warranty applies to Draco Broadcast-branded products purchased directly from Draco Broadcast, or through an authorized reseller or distributor. Used products or items sold through non-authorized channels are not covered under warranty. If there is any doubt as to the status of a reseller, please contact Draco Broadcast for clarification. The Limited Warranty period starts on the date of purchase from Draco Broadcast or its authorized reseller or distributor. Customers may be required to provide a proof of purchase as a condition of receiving warranty service.
WARRANTY PROCEDURES AND REMEDIES
During the applicable warranty period, if a customer is unable to resolve a product problem and Draco Broadcast Technical Support determines the product is defective, a Return Material Authorization (RMA) will be issued. The Draco Broadcast warranty covers service processing, parts and materials, as well as labor. Please be aware that this warranty only covers domestic shipping during the first 30 days, International shipping is not included and will need to be paid by the customer. If it has been more than 30 days from the date of purchase, shipping in to our repair facility will need to be paid by the customer, and the customer will be invoiced for return shipping once services are completed. If the product is not under warranty, the customer may have Draco Broadcast repair the unit on a fee basis or return it. No services are handled at the customer’s location under this Limited Warranty.
Following receipt of an RMA number, the customer shall return the product to Draco Broadcast, freight prepaid. Upon verification of warranty, Draco Broadcast will, at its option, repair or replace the product and return it to the customer after collecting payment for the return shipping. Repaired items will have a 90 day warranty from the date of service, or the remainder of the regular warranty (if any), whichever is longer.
WARRANTY EXCLUSIONS
No warranty will apply if the Hardware (1) has been altered, except by Draco Broadcast; (2) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Draco Broadcast in the applicable product documentation; (3) has been used in violation of the license granted by Draco Broadcast; or (4) has been subjected to unreasonable physical, thermal or electrical stress, misuse, negligence, accident, or improper operation by the user. The Limited Warranty does not extend to any damages, malfunctions, or non-conformities caused by (1) normal wear due to product use; or (2) use of non-Draco Broadcast furnished equipment or software with products.
MISSING ITEMS FROM ORDER
Draco Broadcast is not responsible for missing items from packages which are not opened and inspected within the first 30 days. In order to be able to request replacement items, missing from an order, you must contact Draco Broadcast within 30 days of receiving your order (or 30 days from the purchase date if no tracking information is available). Items which are discovered to be missing from an order after the first 30 days can be purchased at a discount during the one-year warranty period, after which time, the full purchase price must be paid for any replacements.
DISCLAIMER
EXCEPT AS EXPRESSLY SET FORTH ABOVE, DRACO BROADCAST MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, OR WARRANTIES OR OBLIGATIONS ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHER, DRACO BROADCAST DOES NOT WARRANT THAT ITS SOFTWARE IS ERROR FREE OR THAT END USERS WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTION.
LIMITATION OF LIABILITY
YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE PRODUCT IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT.
IN NO EVENT WILL DRACO BROADCAST OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF DRACO BROADCAST OR ITS AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE TOTAL CUMULATIVE LIABILITY TO AN OEM MANUFACTUER OR END USER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You must understand and agree that your use of this site is at your own risk.
CONFIDENTIALITY
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Draco Broadcast. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-WAIVER
Failure of Draco Broadcast to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
MISCELLANEOUS
The laws of the State of California, USA, govern this Limited Warranty. It gives you specific legal rights, and you may also have other rights that vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions in this limited warranty statement may not apply to you.
For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by this Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of California, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
To the extent there is a conflict between this Limited Warranty and an agreement between Draco Broadcast and a distributor, reseller, or end user, the terms of the agreement will prevail. If any provision of this Limited Warranty is determined to be unenforceable or invalid by court decision, the policy will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law.
Draco Broadcast is not responsible for any warranty, support or maintenance commitments made by its distributors, resellers, or other parties. Draco Broadcast reserves the right to amend or change this policy at its sole discretion at any time.