Customer Service Terms & Conditions

Terms & Conditions

Our Terms and Conditions was last updated July 13, 2009. Please check back upon each visit to stay current with any changes or revisions of our Terms and Conditions. Any updates will be noted at the end of this page.

Acceptance of Terms and Conditions by visiting the site.

ANY ACCESS TO AND USE OF GOHASTINGS.COM, INCLUDING ANY SERVICES, CONTENT OR INFORMATION ON THE WEB SITE (COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE, THE "SITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AS SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME (THE "TERMS"). BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. THESE TERMS MAY CHANGE FROM TIME TO TIME IN HASTINGS’ SOLE DISCRETION, AND YOUR USE OF THE SITE AFTER SUCH CHANGES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE TERMS AS CHANGED. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

Site Use:
Copyright and Trademark. The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Hastings Entertainment, Inc. (“Hastings”). You may use the Site only for your information and personal use. The Site and its material may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except as expressly provided herein, Hastings does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.

Links to Other Materials. Some linked sites are not under the control of Hastings and Hastings is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Hastings reserves the right to terminate any link or linking program at any time. Hastings provides such links only as a convenience to you. Hastings has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

Territory. Hastings operates this Site from its office within the United States. Hastings makes no representation that content and materials on this site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations. Hastings can not be held liable for content on partner websties

Pricing. On occasion you may notice that the pricing reflected on the web may be different from that of your local store and vice versa. We are committed to make your shopping experience simple however due to a number reason, such as our stores responding to local market activities and/or the web reacting to our market place there could be a difference in the pricing.

Copyright Violations:
Notification of Alleged Copyright Infringement. If you believe that your own copyrighted work is accessible on the Site in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:

  • Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material.
  • Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described above. You must provide us with reasonably sufficient information to locate the alleged infringing material.
  • Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
  • Your name, mailing address, telephone number and email address.

Submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:

Toll Free Phone Number ( Internet Issues ): (877)-HASTINGS (427-8464)
Fax Number: (806) 467-8330

Mail:
Hastings Internet, Inc.
3601 Plains Blvd.
Amarillo, TX 79102

Customer Service ( Internet or Store ): service@goHastings.com

Upon receipt of a proper Notification of Alleged Copyright Infringement as set forth above, we will remove the allegedly infringing Content and notify the alleged infringer. The alleged infringer will also be notified of the DMCA Counter Notification procedure set forth below.

Counter Notification. If you believe your copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

  • Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
  • A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
  • A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent.
  • Your name, address and telephone number.
  • A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your physical or electronic signature.

Submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:

Toll Free Phone Number ( Internet Issues ): (877)-HASTINGS (427-8464)
Fax Number: (806) 467-8330

Mail:
Hastings Internet, Inc.
3601 Plains Blvd.
Amarillo, TX 79102

Customer Service ( Internet or Store ): service@goHastings.com

Within a reasonable time after receiving a valid Counter Notification that complies with these requirements, we will restore the content removed, unless our Designated Agent is informed by the originator of the Notification of Alleged Copyright Infringement that such party has instituted an action in court against you concerning the allegedly infringing material.

Repeat Infringers. In compliance with the DMCA, it is Hastings' policy to terminate users who Hastings deems to be repeat infringers of the copyrights of others. Hastings also reserves the right, in its sole discretion, to limit or terminate the rights of users who violate these Terms, through infringement of the intellectual property rights of others.

Disclaimer of Warranties:
General. HASTINGS MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, or (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. HASTINGS UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE SITE.

No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. HASTINGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.

Limitation of Liability and Remedies:
Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HASTINGS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF HASTINGS KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Indemnification. You agree to defend, indemnify and hold Hastings harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which Hastings may hereafter incur, become responsible for or pay out arising out of your use of the Site or the Content, Hastings’ display, publication, distribution or any other use of the Content you submit, or your breach of any term or provision of these Terms.

General Terms:
Modification. Hastings reserves the right at any time and in Hastings’ sole discretion to change the terms, conditions, and notices under which the Site is offered. Hastings may revise the Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages at the Site. Hastings also reserves the right at any time and in our sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Hastings shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Jurisdiction. The Terms shall be governed by and interpreted according to the laws of the State of Texas, without regard to conflicts of law principles. Hastings and you agree that all disputes and litigation regarding the Terms, the Site, and matters connected with its performance or relating to the use of the Site shall be subject to, and they each consent to jurisdiction and venue in, the state and federal courts in Potter Texas. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.

Equitable Relief. You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause Hastings irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, Hastings shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.