Any reference herein to DVD Overnight shall be deemed to refer to DVD Overnight and/or DVDO, as applicable under the circumstances. By electronically submitting an order via the overstockdvd.com and adultoverstock.com web sites, You agree to be bound by all of DVDO's current terms and conditions related to the purchase of overstockdvd.com and adultoverstock.com products.

2. Proprietary Rights
All web site design, text, graphics, the selection and arrangement thereof, and all software Copyright ©1999-2007, DVD Overnight, Inc. ALL RIGHTS RESERVED. Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data, software, music, sound, video, or other materials that are part of this Website (collectively, the "Content") are protected by copyrights, trademarks, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed by DVD Overnight or by third parties (the "Third Party Providers") who have provided materials to DVD Overnight, and these rights are valid and protected in all forms, media and technologies, existing now or hereinafter developed.

The Content on this Website may be used only as a shopping resource. The Content may not be redistributed to any minor, to any person who may find the Content personally offensive, or to any person who resides in any community or country where such material is specifically prohibited by law. Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

DVD Overnight has not independently authenticated content provided by Third Party Providers in whole or in part. DVD Overnight does not provide, sell, license, or lease any of the Content other than those specifically identified as being provided by DVD Overnight.

3. Your Conduct
You agree to use overstockdvd.com and adultoverstock.com only for lawful purposes. You are prohibited from posting on or transmitting through overstockdvd.com and adultoverstock.com any Content that violates or infringes anyone's intellectual property rights, including re-distributing obscene material, or otherwise deemed by DVD Overnight to be harmful or objectionable, or that intentionally or unintentionally violates any applicable local, state, national or international law, or any regulations having the force of law.

4. Indemnification
You agree to indemnify and hold DVD Overnight, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of the use of the Website.

5. Disclaimers
OVERSTOCKDVD.COM AND ADULTOVERSTOCK.COM ARE PROVIDING THESE SITES AND ITS CONTENTS "AS IS" AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. OVERSTOCKDVD.COM AND ADULTOVERSTOCK.COM DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN ADDITION, DVDOVERNIGHT.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, DVD OVERNIGHT IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF DVD OVERNIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM DVD OVERNIGHT'S WEB SITE. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST DVD OVERNIGHT FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.

YOU AGREE TO HOLD DVD OVERNIGHT HARMLESS FROM, AND YOU COVENANT NOT TO SUE DVD OVERNIGHT FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

6. Site Security
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, or overloading via any form of data stream; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. DVD Overnight will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from DVD Overnight on this Website and other than generally available third party web browsers.

7. Termination of Use
DVDOvernight.com may terminate User access, or suspend any User's access to all or part of dvdovernight.com, without notice, for any conduct that dvdovernight.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licensor, a service provider or dvdovernight.com.

NOTICE: It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted. Each electronic entry carries the computer coding of the internet provider through which the individual User can be traced.

8. Privacy
We realize that making purchases at overstockdvd.com and adultoverstock.com, or any other Website, requires trust on your part. We value your trust, and pledge to you, our customer, that we will work to protect the security and privacy of any personal information you provide to us. This includes your name, address, phone number, email address, and credit-card information, in addition to any other personal information that can be linked to you, personally.

DVD Overnight, Inc. ("DVD Overnight") is the owner and operator of overstockdvd.com and adultoverstock.com ("we") and does not and will not sell or rent your personal information to anyone. You have the right to control your personal information as you see fit. We collect only the personal information you allow us to collect, and then it is used only to help us serve you better.

If you are a registered customer and you want to change or modify any of your personal information, you can do so anytime by going to Your Account AFTER you have proceeded through the Checkout . Log in with your user name and password, then edit whatever personal information you wish.

We never sell or rent your personal information to any third parties under any circumstances. We will share personal customer information only with our agents, representatives and trusted service providers and contractors for the limited purposes of fulfilling customer orders; offering certain products and services in connection with our Website; communicating to customers; providing customer service; enhancing and improving the customer shopping experience; providing a personalized shopping experience and completing credit card transactions.

The security of your personal information is also very important to us. In our efforts to protect your online transactions, we use a technology called Secure Sockets Layer (SSL). If your browser is capable of SSL (and most are), your personal information will be automatically encrypted, or encoded, before it is sent over the Internet.

Ultimately, your personal information is protected by the password you created when you registered for an account at dvdovernight.com (or another password you chose after changing a previous password). Please keep this password confidential. The confidentiality of your password is your responsibility to protect. You may change it anytime by contacting Customer Service. Make sure you provide in detail, your full address, phone number, and previous password in your request.

8. General Information
Users may not use overstockdvd.com and adultoverstock.com to send unsolicited advertising, promotional material, or other forms of solicitation to other Users except in those specified areas that are designated for such a purpose. These Terms constitute the entire agreement between You and DVD Overnight and govern Your use of the Website, superseding any prior agreements between You and DVD Overnight. You also may be subject to additional terms and conditions that may apply when You use other DVD Overnight services, third-party content or third-party software. You must not assign or otherwise transfer neither the Terms nor any right granted hereunder. Any breach of the Terms will result in irreparable harm to DVD Overnight for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, DVD Overnight will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if DVD Overnight seeks such an injunction. Pennsylvania law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and DVD Overnight agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Norristown, Pennsylvania.

These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications.

If you have any questions, please contact Customer Service and we'll get back to you as quickly as possible.