Our Policies
Before placing any orders you are highly encouraged to do your research on any product you intend to purchase from us. All our products are hand built to each customer at the time their order is placed - or soon afterward if in a que. If you have any questions that you don't find an answer to in the descriptions and website please call us direct and we will attempt to answer them for you.
Please read the following set of policies we have and know that if you make a purchase from Digital Movie Boards llc we automatically assume that you have read this entire page and have agreed to our policies.
Ordering
All orders are pre-paid in full before starting any build.
Cancellations and refunds
Digital Movie Boards llc does not accept cancellations of any orders either before the item ships or while it is still in the build process. Please be absolutely clear and understanding of this. Once you place your order it cannot be cancelled or refunded. It is understood that you have done your research and asked all questions prior to placing your order.
"Your item does not work with my ..." or "I didn't know that"
Every purchaser must do his part to fully research the product and how he will utilize it in his home. Please call us and ask any and all questions and we will try our best to answer them for you. Keep in mind that there are literally millions of possibilities of how one can connect and use our products and we have no way of knowing each and every one of those possibilities. It is completely up to each user to research the product before the purchase is made.
Warranty
All our digital movie boards and DMP-02 media players have a 6 month warranty against any manufactures defects. The user will ship back the part and we will replace it. Shipping the part back to us is the responsibility of the user along with the cost.
Shipping
All movie board orders are shipped out on a pallet via LTL Trucks. Pricing is determined solely by the shipping company, as well as shipping times. Any delays are also determined by several factors outside of Digital Movie Boards llc control and delivery scheduled times can be impacted. All movie boards come with transportation insurance in case of damage. If any damage is visible upon receiving your movie boards WHILE STILL ON THE TRUCK you must deny delivery and call us immediately while the driver is still there. We can then begin the insurance claim. You will need at least 2 people to remove the pallet from the delivery truck. DO NOT ASK FOR A LIFT GATE. The delivery companies charge for a liftgate use and if you ask for a liftgate you will be charged the rate used by the delivery company.
Insurance Claims
All movie boards that are damaged during shipping will be covered by insurance only if the rules for filing a claim are followed exactly. The shipping company handles the insurance claims. Digital Movie Boards has no part in the insurance claims. The rules are that the user must inspect pallet for any exterior damage and take pictures of the damage. The user is also encouraged to take pictures of the pallet on the truck and off the truck even if no apparent damage is visible. We will need to see, in pictures, how the pallet arrived as well as the condition of items on pallet.
The main rule of thumb is to take a lot of pictures. Claim times can take up to 3 months or longer. The user also agrees to let the process take it's course no matter how long. NOTE: the user agrees to NOT FILE ANY CLAIMS AGAINST DIGITAL MOVIE BOARDS for damages. Digital Movie Boards is not liable for any transport damages and the purchaser must agree to this.
Credit Card Chargebacks
The user agrees to not file any chargeback claims with their banks for any reason. As stated above shipping claims, insurance claims, resolution times, etc are not controlled in any way by Digital Movie Boards llc and we will make every attempt to work with the buyer and claimant to resolve any issues. Please understand this very carefully: by purchasing any of our products the buyer agrees to not make any chargeback claims with their banks against Digital Movie Boards llc. If you do not agree with this then do not purchase our products.
Build Times
We have many builds happening concurrently at any time. All fully paid orders are placed in a build que and will begin the build process when it is their turn. We cannot guarantee any build times but we do run about 4 - 6 weeks on average.
Software Updates and Upgrades
Starting with our new DMB OS software we expect to provide free software bug fixes. These fixes may include not only over-the-air updates but could include having to send us back your media player for the updates. Software updates will be looked into as we receive feedback from users. There is no set time frame on when and how we release software updates. We do plan on releasing software updates on a "performance impacting" issue first. Software upgrades are not the same as software updates. A software upgrade is upgrading your software from one type, ie Lite to another software, ie Pro. These software upgrades are not free. They are optional upgrades should the user want to jump from one software to another.
Software Plug-ins
Our new DMB OS "PRO" software is capable of receiving plug-ins that will add new features to your software. We plan on releasing several plug-ins over the course of the software lifetime. Some plug-ins may be free, while others will have a price attached to them. The time frame on releasing any plug-ins, features, updates, etc is on a "it's ready when it's ready" time line.
Being told by a DMB employee when a feature will be released does not constitute a concrete release date.
Software Product License Agreement
This Software Product License Agreement (“Agreement”) applies to your use of all software products (“Software”) on authorized Digital Movie Board products and systems. This includes your use of DMB OS "Pro" and "Lite" apps. BY PURCHASING, DOWNLOADING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement, do not purchase, download or use the Software. Please read this entire Agreement, which governs your use of the Software.
YOUR USE OF THE SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE DIGITAL MOVIE BOARDS LLC TERMS OF SERVICE AND USER AGREEMENT, THE SYSTEM SOFTWARE LICENSE AGREEMENT FOR YOUR DMP-02 Media Player system, AND THE DIGITAL MOVIE BOARDS PRIVACY POLICY.
This Agreement is between DIGITAL MOVIE BOARDS LLC (“DMB LLC”) and you. The Software publisher may be DMB or another company. If DMB is the Software publisher, this Agreement governs your use of the Software. If the Software publisher is another company, this Agreement governs your use of the Software and that other company may have an additional agreement that also governs your use of the Software. If there is a conflict between the terms of this Agreement and the terms of that other company’s agreement, the terms of this Agreement will prevail.
1. GRANT OF LICENSE. The Software is licensed to you, not sold. DMB LLC grants to you a limited, non-exclusive license to use the Software for personal use on your DIGITAL MOVIE BOARDS and DMP-02 MEDIA PLAYERS. The license grants set forth in this section are only effective as of the authorized release date of the Software. Any rights in the Software not explicitly granted to you in this license are reserved by DMB LLC, including rights to all intellectual property contained in the Software. This license does not include the right to, and as a condition of this Agreement, you agree not to (a) rent, lease or sublicense the Software or make it available on a network to other users without the express prior written consent of DMB LLC; (b) modify, adapt, translate, reverse engineer, decompile or disassemble the Software; (c) create derivative works from the Software; (d) create or make available unauthorized mods; or (e) copy, publicly perform or broadcast the Software without the express prior written consent of DMB LLC.
2. UPDATES AND ONLINE SERVER SUPPORT. This Agreement will apply to all Software updates, including all downloadable content for the Software. DMB LLC may, by automatic update or otherwise, modify the Software at any time for any reason. If the Software uses online servers, DMB LLC makes no commitment to continue to make those servers available and may terminate online features at any time.
3. INTERNET CONNECTION. Some Software features may require an internet connection, which you must provide at your expense. You are responsible for all costs and fees charged by your internet service provider related to the download and use of the Software.
4. WARRANTY/DISCLAIMER/LIABILITY LIMITATIONS. EXCEPT AS PROVIDED HEREIN, THE SOFTWARE AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, DMB LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DMB LLC DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY OTHER PRODUCT, OR THAT THE SOFTWARE WILL WORK PROPERLY ON ALL DEVICES. DMB LLC MAY, AT ITS SOLE DISCRETION, DISCONTINUE SUPPORTING THE SOFTWARE AT ANY TIME, AND DMB LLC HAS NO LIABILITY FOR SUCH DISCONTINUANCE. DMB LLC WILL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS, LOSS OF DATA OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT DMB LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL DMB LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THE SOFTWARE. IF THE SOFTWARE IS PURCHASED AS PHYSICAL MEDIA (E.G., MEMORY CARD), DMB LLC WARRANTS TO THE ORIGINAL PURCHASER OF THE PHYSICAL MEDIA THAT THE SOFTWARE IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF 90 DAYS FROM THE ORIGINAL DATE OF PURCHASE. DMB LLC AGREES FOR A PERIOD OF 90 DAYS TO EITHER REPAIR OR REPLACE, AT ITS OPTION, THE SOFTWARE. PLEASE CONTACT DMB LLC CUSTOMER SUPPORT TO RECEIVE INSTRUCTIONS TO OBTAIN THE REPAIR OR REPLACEMENT. THIS WARRANTY SHALL NOT BE APPLICABLE AND SHALL BE VOID IF THE DEFECT IN THE SOFTWARE HAS ARISEN THROUGH ABUSE, UNREASONABLE USE, MISTREATMENT OR NEGLECT. SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN LIMITATIONS OF LIABILITIES OR WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
5. MISCELLANEOUS. This Agreement shall be construed and interpreted in accordance with the laws of the State of Texas applying to contracts fully executed and performed within the State of Texas. If the binding arbitration terms of Section 6 do not apply or are not enforceable on any Dispute, both parties submit to personal jurisdiction in Texas and further agree that such Dispute shall be brought in a court within Bexar County, Texas. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. This Agreement constitutes the entire agreement between the parties related to the subject matter hereof and supersedes all prior agreements, representations, warranties or understandings between you and DMB LLC (whether negligently or innocently made), and all prior or contemporaneous negotiations and commitments of the parties, all of which are merged herein.
6. BINDING INDIVIDUAL ARBITRATION FOR CERTAIN RESIDENTS.
The following terms in this Section 6, to the fullest extent permitted under law, only apply to you if you are a resident of the United States or a country in North, Central or South America.
The term "Dispute" means any dispute, claim, or controversy between you and DMB LLC or any of its current or former affiliates, including parents and subsidiaries, and any predecessor or successor entity to any of the foregoing regarding the Software, or the advertising, marketing, licensing or use of the Software, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 6 (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" has the broadest possible meaning that will be enforced.
If you have a Dispute (other than one described as excluded from arbitration below) with any DMB Entity or a DMB Entity's officers, directors, employees and agents ("Adverse DMB Entity") that cannot be resolved through negotiation as required below, you and the Adverse DMB Entity must seek resolution of the Dispute only through arbitration of that Dispute according to Section 6’s terms, and not litigate that Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
YOU AND THE DMB ENTITY AGREE THAT ANY CLAIM FILED BY YOU IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 6.
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 6, YOU MUST NOTIFY DMB LLC IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST PURCHASE OR DOWNLOAD THE SOFTWARE (WHICHEVER IS EARLIER). YOUR WRITTEN NOTIFICATION MUST BE MAILED TO DIGITAL MOVIE BOARDS LLC, 4228 Centergate, San Antonio, TX 78217, ATTN: LEGAL DEPARTMENT - WAIVER, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR SIGN IN ID IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY DMB LLC ENTITY THROUGH ARBITRATION.
IF YOU HAVE A DISPUTE WITH ANY DMB LLC ENTITY, YOU MUST SEND WRITTEN NOTICE TO DIGITAL MOVIE BOARDS LLC, 4228 Centergate, San Antonio, TX 78217, ATTN: LEGAL DEPARTMENT – DISPUTE RESOLUTION, TO GIVE THE ADVERSE DMB ENTITY AN OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.
You agree to negotiate resolution of the Dispute in good faith for no fewer than 60 days after you provide notice of the Dispute. If the Adverse DMB Entity does not resolve your Dispute within 60 days from its receipt of notice of the Dispute, you or the Adverse DMB Entity may pursue your claim in arbitration pursuant to the terms in this Section 6.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE ADVERSE DMB ENTITY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s award will be binding and final and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
You or the Adverse DMB Entity will initiate arbitration in BEXAR County, Texas.
If any clause within this Section 6 (other than the Class Action Waiver clause above) is illegal or unenforceable, that clause will be severed from this Section 6, and the remainder of this Section 6 will be given full effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 6 will be unenforceable, and the Dispute will be decided by a court.
7. QUESTIONS, COMPLAINTS OR CLAIMS. You may submit any questions, complaints or claims with respect to the Software to Customer Support.
8. USE OF UNAUTHORIZED PRODUCTS. The use of software, peripherals or other products not authorized by DMB LLC may damage your Digital Movie Board and/or DMP-02 system and invalidate your DMB system warranty. Only official or licensed software and peripherals should be used with your Digital Movie Board, DMP-02 Media Player, and all DMB LLC products.
Last Updated: 2024-01