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Terms and Conditions
Acceptance of Terms & Conditions These Terms & Conditions govern your use of the
FILM2GO Web site. By using the FILM2GO Web site, you accept and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use the
FILM2GO Web site.
Changes to Terms & Conditions FILM2GO
reserves the right, from time to time, with or without notice to you, to change these Terms & Conditions at its sole discretion. The most current version of these Terms & Conditions can be reviewed by clicking on the "Terms & Conditions" hyperlink located at the bottom of most pages of the
FILM2GO Web site. The most current version of the Terms & Conditions will supercede all previous versions. Your use of the
FILM2GO Web site after changes are made means that you agree to be bound by such changes.
Membership and Billing You can find the specific details regarding your subscription with
FILM2GO at anytime by clicking on the "My Account" tab, located at the top of the pages of the
FILM2GO Web site.
- Billing
As a subscriber to FILM2GO, you agree that we are permitted to charge your credit card a monthly subscription fee and any other charges you may incur in connection with your use of FILM2GO. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter, unless you cancel your membership or we terminate it. The maximum number of rentals for a subscription period is shown in the package information section and also in the "My Account" section.
All fees and charges are non-refundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your credit card information by clicking on the "My Account" button, available at the top of most pages of the FILM2GO Web site. If you have not cancelled your subscription and your credit card expires we reserve the right to automatically change the expiration date on your credit card.
- Annual Membership
A discounted annual membership is available for each
subscription package. The fee is charged for one year's subscription in
advance. We do not provide refunds or credits for any partial annual subscription
period.
- Automatic Renewals
Your FILM2GO subscription will be automatically renewed
each month. For your convenience, we will charge the
regular subscription fee to the credit card you provide to us during registration (or to a different credit card if you change your account information). Your membership will automatically renew for successive
periods' subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate
it. You must cancel your membership before it renews in order to avoid billing of subscription fees to your credit card. - Expired or Invalid Credit Cards
The terms we agree with you are dependent on a valid
credit card being available for charging each month. Should your credit card
expire, or reach its credit limit, we will send you a reminder to that effect.
If you do not update your card details and continue to keep your rented discs the monthly subscription amount will be charged to your account balance until you request the removal of the FILMbox™. At removal all previously charged amounts become due and payable. You will have several options to settle the outstanding balance with us.
If you have any difficulties with your credit limit, then we advise you to
freeze your account (discs must be returned before freezing takes effect) and
unfreeze when funds become available.
In all circumstances you must return the discs to us when you fail to make
payment, to avoid unnecessary charges and potential legal action.
- Installation and Use of FILMbox™
Upon subscription each member is entitled to have a FILMbox™ installed at the specified address in the sign up process. FILM2GO will assume that you, the subscriber, have taken due permission from the Landlord of the specified address to have our FILMbox™ installed. Your FILMbox™ is used by you and our deliverymen for the duration of your membership with FILM2GO. Upon installation of your FILMbox™ you will be given an access key to keep until the termination of your membership with FILM2GO. You are responsible for the safe-keeping of your FILMbox™ access key and ensuring that it does not get into the wrong hands at any given time. Should you loose your FILMbox™ access key you should immediately let us know by using the "Report a Problem" link in your account. You agree that you may need to compensate FILM2GO for any costs related to replacing the lost key and/or your FILMbox™ and that you allow FILM2GO to charge such compensation to your credit card. We will notify you of any such charges. You agree to use your FILMbox™ for the sole purpose of using the FILM2GO service. During the duration of your membership with FILM2GO you agree to take full responsibility for ensuring that your FILMbox™ is properly locked at all times except when you are collecting and/or dropping your rented items in your FILMbox™. In the event of vandalism or theft of your FILMbox™ and/or its contents you agree to report the case to us immediately. Any fraudulent declarations will result in termination of your account and immediate and full prosecution.
- Delivery and Return of Movies
We currently use our own delivery service that is owned and operated by FILM2GO, to deliver and collect the movies you order. Actual delivery times may vary for you depending on (I) our stock availability, (II) your delivery address, (III) when you make your selection and (IV) other circumstances impacting delivery. It is your responsibility to ensure that all compulsory fields of your address have been entered correctly. If your change address, you must update your address details in My Account to ensure that no movies are delivered to the wrong address. Please ensure this is done before you move as you will be liable for any movies delivered to the wrong address. You may wish to use our Freeze facility during your move.
- Movies Lost or Damaged
If a movie is damaged or lost this should be reported using the "Report a Problem" link. You agree to treat the movies and their associated packaging with the utmost care at all times. You agree that you may need to compensate FILM2GO for any movie lost or returned in an unacceptable condition (beyond reasonable wear and tear) - and that you allow FILM2GO to charge such compensation to your credit card. We will notify you of any such charges. Should a member withhold payment and fail to return movies when requested, then FILM2GO will pursue the member for the cost of these movies and all associated legal and recovery expenses.
- Cancellation
As noted above, you may cancel your subscription to FILM2GO at anytime. It is essential to cancel your membership no later than the day before your next payment date, so that you are not charged for the next month's membership.
It is also essential to cancel via the web site to ensure that your payments are ceased in the proper manner. Please note the onus is on you to cancel.
To cancel, click the "My Account" tab and follow the instructions under the heading "Cancel My Membership." We do not provide refunds or credits for any partial monthly or annual subscription periods. Upon cancellation, all your outstanding movies must be returned to FILM2GO prior to your next payment date. If the movies are returned after your next payment date you will be charged for the next month's subscription. Failure to return such movies will result in your credit card being billed for such items. If we have delivered a movie to you that you have not received, you must notify FILM2GO of this within 7 days of it being dispatched and before cancelling, otherwise you will be billed for the item.
Account Access You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, FILM2GO will place a 'cookie' (a small text file) on any computer you use to access the FILM2GO Web site. When you revisit the FILM2GO web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
Disclaimers of Warranties and Limitations on Liability The FILM2GO Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the FILM2GO Web site or its contents. We assume no liability or responsibility for any errors or omissions in the content of the FILM2GO Web site, any failures, delays, or interruptions in the shipment of movies, delivery of any content contained on the FILM2GO Web site, any losses or damages arising from the use of the content provided on the FILM2GO Web site, or any conduct by users of the FILM2GO web site. We reserve the right to deliver movies at our sole discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall FILM2GO, its directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Intellectual Property
You may use any FILM2GO movies for your personal use (and that of your family and friends) only at the address shown on your account. Commercial exploitation or copying of our movies is not permitted.
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Copyright
All content included on the FILM2GO Web site, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of FILM2GO or its suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of FILM2GO and protected by international copyright laws. They should not be reproduced or used without express written permission from FILM2GO.
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Commercial Exploitation
You may not sell, lease, lend, license, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any of FILM2GO movies in any way, at any time.
- Movie duplication
You agree not to make any unauthorized copies of any FILM2GO movies.
Entertainment and Web Site Content We distribute movie, television, and other audio-visual entertainment. In addition, the FILM2GO Web site allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the FILM2GO Web site are those of the respective authors or producers and not of FILM2GO or its directors, officers, or employees. Under no circumstances shall FILM2GO or its directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the FILM2GO Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the FILM2GO Web site.
We permit you to post reviews on the FILM2GO Web site in accordance with the procedures established on the FILM2GO Web site and provided that the content is not illegal, obscene, libellous, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the FILM2GO Web site; however, we reserve the right to remove or edit such content at anytime without notice.
Use of Information Submitted FILM2GO is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the FILM2GO Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the FILM2GO Web site or other Web sites. Furthermore, by posting any information on our site, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.
Your Conduct on the FILM2GO Web Site By accessing the FILM2GO Web site, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the FILM2GO Web site. You also agree not to interfere with the servers or networks connected to the FILM2GO Web site or to violate any of the procedures, policies or regulations of networks connected to the FILM2GO Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the FILM2GO Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the FILM2GO Web site for any unlawful purpose.
Limitations on Use You must be 18 years of age or older to use the FILM2GO service. Unless otherwise specified, the content on the FILM2GO Web site is for your personal and non-commercial use and we grant you a limited license to access the FILM2GO Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the FILM2GO Web site without our express written consent. Any unauthorized use of the FILM2GO Web site or its contents will terminate the limited license granted by us.
Right to Terminate We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms, including, in particular the section headed 'Commercial Exploitation'. In the event that we do so we will give you 7 days to return our movies and failure to return these movies will incur charges, as described under 'Cancellation' above.
Terms and Conditions last updated 2nd December 2007.
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