Balance and Gift Card Terms
The following are the terms and conditions applicable to your videorista.com Balance and videorista.com Gift Cards.
Last Updated: December 12, 2019
1. Gift Cards; videorista.com Balance; Redemption.
Videorista.com Digital Gift Cards allow every user to increase their balance that is automatically added to your videorista.com account. Your videorista.com Balance displays the total remaining balance of all Gift Cards that have been applied to your videorista.com account but not yet applied to a purchase. We may refer to your videorista.com Balance as your videorista Balance, Gift Card balance. To view your videorista.com Balance, visit Your Account on videorista.com. Purchases are deducted from your videorista.com Balance. Any unused videorista.com Balance will remain associated with your videorista.com account. If a purchase exceeds your videorista.com Balance, the remaining amount must be paid with another payment method.
Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by videorista.com. Eligible goods and services are subject to change in our sole discretion. Redemption of Gift Cards at any affiliated property is subject to change in our sole discretion.
Your videorista.com Balance cannot be used to purchase other Gift Cards, prepaid open loop cards, or certain third-party gift cards. Gift Cards cannot be reloaded; resold; used for payment outside of www.videorista.com or its affiliated properties; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes, including to facilitate the resale or shipment of goods from videorista.com; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by our videorista.com terms and conditions.
No portion of your videorista.com Balance may be transferred to another videorista.com account.
3. Risk of Loss.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Gift Cards must be obtained from videorista or an authorized third party, and you are responsible for safeguarding your videorista.com Balance or Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your videorista.com Balance or any Gift Card is used without your permission.
4. Use of videorista.com Balance or any Gift Card in Violation of these Terms and Conditions.
By using a Gift Card you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to videorista.com, its affiliates, or its customers. We reserve the right, without notice to you, to void Gift Cards (including as a component of your videorista.com Balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to a videorista.com account (or your videorista.com Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
5. Limitation of Liability.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR videorista.com BALANCE , INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
Any dispute or claim relating in any way to Gift Cards or your videorista.com Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if you’r claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.
7. General Terms.
The videorista.com Conditions of Use apply. No fees apply to Gift Cards. We reserve the right to require additional verification of your identity, Gift Card or account ownership, or provision of an additional payment instrument, before you are able to apply a Gift Card to your account or your videorista.com Balance to a purchase. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
8. videorista.com Balance Expiration.
The portion of your videorista.com Balance made up of Gift Cards issued after January 1st, 2018 does not expire and may be applied to your videorista.com account and applied to eligible purchases despite any stated expiration date.