Key Takeaways to Remember
- VHSDNA RESERVES THE RIGHT TO REFUSE ANY ITEM FOR ANY REASON
- TURNAROUND TIME – NOT GUARANTEED
This is defined by the amount of time it takes to get your VHSs back from VHS- DNA. VHSDNA turnaround times are estimates and not guarantees, and they do not include weekends or holidays. So, for example, even if a submitter chooses the 10-business-day turnaround service on the submission form it may take a little longer and that’s based on any number of factors, including but not exclusive to the volume of VHSs already in the queue over at VHSDNA headquarters. The company will certainly do its best to honor all requests, but please note that turnaround times are not guaranteed.
- FIVE-DAY REVIEW
Upon receiving VHSs back from VHSDNA, there’s a five-day review period in which collectors can inspect their orders to check for either cases damaged in transit and/or mechanical errors. The latter is defined by, for example, the wrong VHS number or set name being added to the VHSDNA label.
NOTE: This collector satisfaction period does not apply to the grade your VHS was awarded. That subject can be reviewed at any time.
- VHSDNA WILL NOT grade any item which exhibits the following:
- Restoration is defined as any foreign and permanent addition to an item (examples include ink used to cover flaws, added or re-sealed cellophane etc.) VHSDNA reserves the right to determine what constitutes restoration.
- Reproduction Items
- Incomplete Items
- Hand-made pieces excluding prototypes, pre-production items, and licensed release items.
- Double-Taped items in which the bottom layer of tape has been cut
- Extensive damage which is deemed likely to worsen if sealed in a case
VHSDNA reserves the right to refuse any item for any reason.
It’s important because in order to submit VHSs for grading, collectors need to fully understand the terms and agree to them before signing the agreement.
I. Use of the VHSDNA Site.
The VHSDNA Site is not intended for commercial use. You may view, copy, print, and use content gathered from the VHSDNA Site solely for your personal use, so long as (a) you use the content available on the VHSDNA Site solely for informational and noncommercial purposes, (b) no text, graphics, or other content available on the VHSDNA Site is modified in any way, and (c) no graphics (including, without limitation, logos or copyright notices) contained on the VHSDNA Site are used, copied or distributed separately from the accompany- ing text available on the VHSDNA Site. Other than as expressly provided in this Agreement, your use of the VHSDNA Site does not confer any license or grant any right to use any intellectual property of VHSDNA.
The VHSDNA Site contains links to, and can be accessed from links on, other websites, including, without limitation, authorized VHSDNA dealers and other parties. Such parties are not agents of VHSDNA nor does VHSDNA have any responsibility for or control over the content, availability, operation, or performance of any third-party websites. VHSDNA’s reference to any product, service or other offering of any third party does not necessarily constitute or imply VHS- DNA’s endorsement or recommendation thereof. Any views expressed by third parties on the VHSDNA Site are solely the views of such parties, and VHSDNA assumes no responsibility for the content or accuracy of any statement of any third party.
II. Information Disclosed to VHSDNA or on the VHSDNA Site.
If you send VHSDNA feedback or other information, including, without limitation, ideas, comments, suggestions, or questions regarding any VHSDNA product or service or the content of the VHSDNA Site, such information will be deemed to be non-confidential and VHSDNA will have no obligation of any kind
with respect to such information and will be free to reproduce, use (including, without limitation, for the development, marketing and sale of any product or service or any modification to the VHSDNA Site), disclose and distribute the information to others without limitation or payment of any kind.
By displaying or publishing any content or information on or through the VHSDNA Site, you hereby grant to VHSDNA a perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such content or information. You represent and warrant that you own the content or information that you post on the VHSDNA Site or otherwise have the right to grant the license set forth above, and the posting of your content or information does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content or information you post.
You may not post anyone else’s contact information (including, without limitation, e-mail address, phone number, physical address, IP address, etc.) or other personal or confidential information of another, without that person’s express written consent. You may not take any actions that interfere with the operation of the VHSDNA Site. You agree not to use the VHSDNA Site to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of a person’s privacy, or otherwise violates any other laws. You agree not to post any copyrighted material unless the copyright is owned by you. Although VHSDNA does not and cannot review all postings on the VHSDNA Site and is not responsible for the content of any of the information posted on the VHSDNA Site by third parties, VHSDNA reserves the right to delete any post, thread, image, profile, av- atar or attachment for any or no reason whatsoever.
Information posted to the VHSDNA Site by third parties is solely the opinion and responsibility of the person posting the information. You agree to in- indemnify and hold harmless VHSDNA and VHSDNA’s agents, successors and as signs, with respect to any claim based upon any information posted on or provided through the VHSDNA Site. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. VHSDNA may terminate your use of the VHSDNA Site if you infringe on the copyright rights of others upon receipt of notification by the copyright owner or the copyright owner’s legal agent.
III. Permitted Activities on the VHSDNA Site.
VHSDNA reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect VHS- DNA’s systems and customers, or to ensure the integrity and operation of VHS- DNA’s business and systems, VHSDNA may access and disclose any information it considers necessary or appropriate, including, without limitation, any information you provide to VHSDNA through the VHSDNA Site or otherwise, IP address and traffic information, usage history and posted content. Any personal in-formation you choose to disclose to VHSDNA or post on the VHSDNA Site is at your sole risk, and VHSDNA assumes no responsibility for the information you post, or any third-party posts, on the VHSDNA Site.
VHSDNA reserves the right, but assumes no obligation, to monitor any activity and content associated with the VHSDNA Site. VHSDNA may investigate any reported violation of its policies or complaints and take any action that VHSDNA deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of access to the VHSDNA Site or any features thereof, or removing any materials from the VHSDNA Site. VHSDNA reserves the right and has absolute discretion to remove, screen or edit any content that violates these provisions or is otherwise objectionable. If you suffer damages from VHSDNA’s investigation or actions as a result thereof, you agree that VHSDNA will not be liable to you for such damages for any reason or under any circumstances.
IV. Third-Party Websites.
VHSDNA’s grading and certification services do not guarantee the value of any VHS or the presence of a market for VHS. The VHSDNA census report cannot be relied upon as a tool for assessing the number of any certain VHS that may be available in the market or the value of any VHS. The data in the census report is unreliable for numerous reasons. For example, inexpensive VHS may appear scarce in the cen- sus simply because they are not often submitted for certification, even though they are in fact not scarce. Also, certified VHS may be removed from their case without notification to VHSDNA, which may result in inaccurate data being included in the census.
V. Information VHSDNA May Collect.
To use certain services on the VHSDNA Site, we may require you to give us contact information, which may include, but is not limited to, your name, birthdate, mailing address, phone number, email address, cookies, IP logs, and other information (collectively “Personal Information”). Besides the Personal Information, we may also collect other information regarding your use of the VHSDNA Site. From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt-out of providing this additional information by not entering it or not using the VHSDNA Site, although not
providing it may hinder your ability to use the VHSDNA Site and/or certain services available from VHSDNA or through the VHSDNA Site.
We use the information that we collect to provide and maintain the VHSDNA Site as we deem appropriate in our sole discretion and to provide our services. We may also use the information to contact you regarding VHSDNA’s products and services, and to send information regarding our company or others involved in the VHS certification industry, such as dealers or promotions. You may be invited to receive an email newsletter or other correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with any legal processes and/or law enforcement requests, or in order to conduct any business as we, in our sole discretion, deem reasonable. We may also email (or send via other methods) information regarding updates to the VHSDNA Site and may send a newsletter or other correspondence to you. You will have an opportunity to unsubscribe from any emails or mailings by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Even if you are removed from any such list, if you use services provided by VHSDNA, you may continue to receive email correspondence from us related to such services.
If you provide credit cards or other authorized payment method information to VHSDNA, you authorize VHSDNA, or a credit card processor of VHSDNA’s choosing, to receive appropriate billing information and charge your credit card.
VHSDNA does not wish to collect any Personal Information (or any information at all) from any persons under 14 years old. If you are under 14 years old, you may not use the VHSDNA Site.
VI. Reviewing and Updating Your Information.
If you register for an account on the VHSDNA Site or enroll in the customer loyalty or dealer loyalty program, you may review and update your account information by logging into your account with your username and password.
When you access the VHSDNA Site, we may store some information on your computer’s hard drive. This information will be in the form of a “cookie.” Most web browsers automatically accept cookies, but you can change your browser to prevent cookies. Without accepting a cookie, your use of the VHSDNA Site may be adversely affected.
VIII. Transmission Data Security.
Data that is transported over an open network, such as the Internet or email, may be accessible to others. VHSDNA cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any
Personal Information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. For example, although individual data packets are often encrypted, the names of the sender and recipient are not. A third party may therefore be able to trace an existing bank account or relationship or one that is subsequently created.
Your data may be lost during transmission or may be accessed by unauthorized parties. VHSDNA does not accept any liability for direct or indirect losses that result from the security of your Personal Information or data during its transfer via the Internet, email, or any other means.
VHSDNA MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, THE VHSDNA SITE OR THE CONTENTS OR PROGRAMS AVAILABLE ON OR THROUGH THE VHSDNA SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND/OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. VHSDNA WILL HAVE NO LIABILITY FOR ANY INACCESSIBILITY OF THE VHSDNA SITE, ANY VIRUS, TRAPS OR OTHER HARMFUL CODE DIRECTLY OR INDIRECTLY TRANSMITTED BY OR THROUGH THE VHSDNA SITE, OR ANY DELAY OR FAILURE OF ANY TRANSMISSION, COMMUNICATION OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED VIA THE VHSDNA SITE. IN NO EVENT WILL VHSDNA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF VHSDNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROF ITS. VHSDNA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR SERVICES RECEIVED FROM VHSDNA.
VHSDNA is not responsible for any errors and/or omissions that may be present in direct and/or indirect association with information designated to any VHS including but not limited to, errors and/or omissions, typographical errors, and/or using VHSDNA’s proprietary designation techniques – this could be but is not limited to: seals, watermarks, releases, release years, editions or variants. Further, please be aware that special requests regarding information or special requests on order for multi case encapsulations will not be honored – the information enclosed and on header cards and order of display is the sole discretion of VHSDNA.
VHSDNA is not responsible for any typographical errors and/or omissions including but not limited to liable and/or incorrect information as it pertains to certain VHS titles, releases, editions and/or variants, such as ‘first edition, early, mid and/or late.’
VHSDNA is not responsible for any typos, misspellings and/or grammar errors present in any information presented by VHSDNA.
VHSDNA is not responsible for any damage that may occur during the “Sleeve Touch-Up” add-on. This add-on is at the submitters risk – the fee charged does not include any insurance or guarantee of results, and is done at the SUBMITTERS SOLE RISK and shall bare any decrease in valuation and/or cost of error. VHSDNA has no liability and/or responsibility for damage caused, created and/or uncovered by sticker removal.
Further, all shipping is not insured unless the submitter supplies their own return label which includes insurance. VHSDNA is dedicated to keeping its cost at an affordable rate and as such the submitter is responsible for any damage and/or lost items during shipping both to VHSDNA and once work has been completed and the item is being returned.
The encapsulations by VHSDNA are intended as art pieces and VHSDNA makes no representation and/or warranties that by engaging their service the value of the encapsulated item is increased.
The VHSDNA Site may be unavailable from time to time due to mechanical, telecommunications, software, and third-party vendor failures, and VHSDNA is not responsible for lost data or your inability to access the VHSDNA Site for any reason. VHSDNA makes commercially reasonable efforts to provide accurate information and related materials on the VHSDNA Site, but VHSDNA is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors on the VHSDNA Site. The VHSDNA Site and all information and related materials on the VHSDNA Site are provided “as is.” VHSDNA makes no claims or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability, or operation of the VHSDNA Site or the information and materials it contains.
YOU AND VHSDNA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VHSDNA SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
XI. Applicable Law and Venue.
i. To the fullest extent permitted by applicable law, you and VHSDNA agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH VHSDNA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM VHSDNA.
You and VHSDNA agree to arbitrate any dispute arising from these Terms of Service or your use of the VHSDNA Services, except that you and VHSDNA are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and VHSDNA
agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to VHSDNA shall be sent to: 3203 BANDERA DRIVE, SHERMAN, TEXAS, UNITED STATES, 75092. You and VHSDNA
further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Grayson County, Texas; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Grayson County, Texas have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. The arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Texas and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
Whether the dispute is heard in arbitration or in court, you and VHSDNA will not commence against the other a class action, class arbitration, or other representative action or proceeding.
No agency, partnership, franchise, joint venture or employment relationship is intended or created by this Agreement. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.