Introduction
This Website (the “Site”) is owned and operated by Shout! Factory (“SF”) for your personal entertainment, information, education, and communication. It is important to us that you, and our other visitors, have the best possible time while using our Site, and that when you use this Site you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use (“Terms of Use”) as the legally binding terms to govern your use of this Site.
Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use.
SF may decide to change this Terms of Use policy from time to time in any way, at any time without notice. In that event, any such changes will be posted to this page. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.
Privacy
Your visit to our Site is also governed by our Privacy Policy.
Membership
Part of the Services may include access to the Physical Forever Club, a members-only offering that provides exclusive benefits for an annual price. Details on the Physical Forever Club membership benefits, sign up and cancellation process are found on our page here.
- Fees and Renewal. The membership fee for Physical Forever Club is stated in the page found Taxes may apply on the Physical Forever Club membership fee. If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR PHYSICAL FOREVER CLUB MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Changes to Physical Forever Club terms. We may in our discretion change the terms of Physical Forever Club. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
- Termination by Us. We may terminate your Physical Forever Club membership at our discretion. If we do so, we will give you a prorated refund based on the number of full months or credits remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Physical Forever Club membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
- Limitation of Liability. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE TERMS, OUR TOTAL LIABILITY IN CONNECTION WITH PHYSICAL FOREVER CLUB, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PHYSICAL FOREVER CLUB MEMBERSHIP.
SMS
By signing up for one or more text messaging programs, you expressly consent to receive marketing text messages from Shout Factory and others texting on its behalf at the telephone number(s) that you provide, even if your mobile number is registered on any state or federal Do Not Call list. You also accept and agree to be bound by these SMS Terms and Conditions, and any other applicable terms and agreements related to your use of our Services. You also acknowledge your personal information is subject to our Privacy Policy. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.
PROGRAM DESCRIPTION
Shout Factory and its service providers may use an automatic telephone dialing system or other technology to deliver text messages to you (each a “Text Message”). Shout Factory Text Messages are intended to provide you with marketing and promotional information regarding Shout! Factory products and services, such as events, promotions, discounts, sales, coupons and product launches. Text Messages may also include cart reminder messages. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your responsive text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.
MESSAGE FREQUENCY
The number of Shout Factory Text Messages that you receive may vary depending on the frequency of the messages sent by the program.
COST
Message and data rates may apply to each Text Message you receive from or on behalf of Shout! Factory, as well as each responsive text message you send, as provided in your mobile telephone service rate plan, in addition to any applicable roaming charges. Please contact your mobile telephone carrier for pricing plans and applicable roaming fees. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. You are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
HOW TO OPT-IN
We use a double opt-in process. To opt-in to receive Text Messages from our text messaging program, please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial Text Message (e.g., Y or Yes).
HOW TO OPT-OUT
To stop receiving Text Messages from us, text “STOP” to any Text Message you receive from us. You'll receive a one-time opt-out confirmation Text Message. No further messages will be sent to your mobile device, unless initiated by you.
YOUR MOBILE TELEPHONE NUMBER
You represent that you are the account holder for the mobile telephone number(s) that you provide. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you unsubscribe.
SUPPORTED CARRIERS
Supported carriers may change from time to time, but currently include AT&T, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, Alltel, US Cellular, and Cellular One, among others. The supported wireless carriers are not liable for delayed or undelivered messages.
SUPPORT/HELP
For HELP reply “HELP” to any Text Message you receive from us or email info@shoutfactory.com. Message and data rates will apply and you should check the rates of your mobile carrier. Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. Depending on your mobile carrier, it may not be possible to transmit the Text Message to you successfully; nor is content available on all carriers. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any text messages or other information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service
CHANGES TO SMS SERVICE AND THESE TERMS AND CONDITIONS
We may change any short code or telephone number we use to send Text Messages at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
Shout Factory reserves the right, in its sole discretion, to change, modify, add or remove portions of these SMS Terms and Conditions. Your continued use of SMS following the posting of any changes will mean that you accept and agree to such changes.
TERMINATION OF TEXT MESSAGING
We may suspend or terminate your receipt of Text Messages if we believe you are in breach of these SMS Terms and Conditions. Your receipt of Shout! Factory Text Messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Shout Factory reserves the right to modify or discontinue, temporarily or permanently, all or any part of Text Messages, with or without notice to you.
PRIVACY
Your privacy is important to us. Please review our Privacy Policy in order to learn about our practices with respect to the collection and processing of your information.
Restrictions on Use of Site and Materials
SF grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. The use of this website is at the discretion of SF, and we may terminate your use of this website at any time.
The Site contains material which is derived in whole or in part from material supplied by SF and other sources and is protected by international copyright and trademark laws. No material (including but not limited to the text, images, audio, and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse-engineered, or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of SF’s or such other sources’ copyright, trademark, and other proprietary rights. The use of any such Materials on any other website or networked computer environment is prohibited without SF’s express written consent.
Digital Content
SF offers downloads of digitized versions of audio and video recordings, artwork and information relating to such audio and video recordings, and other content (collectively, “Digital Content”).
Rights Granted. Upon payment for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content only for your personal, non-commercial, entertainment use.
Restrictions. You must comply with all applicable copyright and other laws in your use of the Digital Content. You may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license, or otherwise transfer or use the Digital Content. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction, or distribution rights for the Digital Content.
Submissions/Communications
SF has a company policy that does not allow SF to accept or consider creative ideas, suggestions, or materials other than those SF has specifically requested or have developed internally. It is the intent of this policy to avoid the possibility of misunderstandings when projects developed by SF’s staff might seem to others to be similar to their own creative ideas, suggestions, or materials.
If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts, or other information, or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of SF.
None of the Information shall be subject to any obligation of confidence on the part of SF, and SF shall not be liable for any use or disclosure of any Information. SF shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Returns, Replacement, And Exchanges
Shout! Factory strives for complete customer satisfaction. We accept merchandise returns within 30 days of receipt of unopened 4K UHD, Steelbook, Blu-ray, Vinyl, DVD, CD, and non-media merchandise. Wearables must be in the original packaging, unworn and unwashed and be returned within 30 days of receipt. Please contact Customer Service prior to returning an item, as a return authorization number will be required.
- Returns must be sent to the address provided by the Customer Service representative. Please be sure to include your original order number, full name, email address, physical address, return authorization number, and any other pertinent instructions.
- Refunds will be processed after your return is received. Refunds can take up to 10 business days to come through to your payment provider after we receive your item.
- Shout! Factory will refund the full purchase amount (including applicable sales tax but excluding shipping and handling fees). We regret that we are unable to refund any shipping and handling charges unless the return is a result of our error. The customer is responsible for the shipping charges to return item(s) and it is highly recommended that a service that utilizes delivery confirmation be contracted. Please note that Shout! Factory cannot be held responsible for items lost or damaged while being shipped for return or exchange. For items lost or damaged while being returned, please contact your carrier directly.
- Please note that products purchased from a retail store or online retailer are subject to the returns and exchange policies of that location. When we have the materials, we will occasionally service returns of products purchased from brick and mortar stores and their websites that purchase from Shout and resell to the consumer, e.g., Amazon, Walmart.
- Items cannot be returned for exchange of a different item. Returns will only be authorized for a refund. Refunds can only be made in the original form of payment and only to the original purchaser.
Defective Merchandise
We will normally replace defective merchandise within 30 days of customer receipt. Please contact Customer Service first before returning defective merchandise, and only return it to us upon request. Occasionally, due to player incompatibility issues, a DVD, Blu-ray, or 4K UHD player will not play a DVD, Blu-ray, and/or 4K UHD release correctly. This is a rare occurrence, but it does happen. Before contacting us to claim a disc is defective, please try the product in more than one player. If the disc appears defective in more than one player, please contact us, and Shout will likely mail a replacement disc. If you have purchased a multidisc set and more than one disc appears to be defective, Shout may require return of the set. If you have purchased a multidisc set from a retail store or an online retailer and more than one disc appears to be defective, please return it to that retailer according to their return policy.
Limitation of Liability/Disclaimer
If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.
To the fullest extent permissible pursuant to applicable law, neither SF nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site.
Without limiting the foregoing, everything on the Site is provided to you “as is,” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement.
You specifically acknowledge and agree that SF is not liable for any defamatory, offensive, or illegal conduct of any user.
SF also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any so-called “bulletin board”) or your downloading of any Materials from the Site.