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DVD Rentals Terms And Conditions
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This website (Site) is provided to you by Effex Media, LLC. Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Effex Media, LLC Site, you agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. Effex Media, LLC may at its sole discretion modify these Terms and Conditions of Use at any time and such modifications will become effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance and agreement of these modified Terms and Conditions of Use.
Monthly Membership Fee. Your monthly billing cycle begins on the day you sign up and renews every month thereafter. If your membership ends on the last day of the month, your monthly billing date will be the 1st of each month. The monthly membership fee includes all shipping and handling charges. Any applicable sales tax will be calculated based on the state and local tax rates for your shipping address and will be added to your monthly membership fee. We will continue to bill your credit card monthly until you cancel the service.
General Membership Terms. Members must be at least eighteen (18) years old and have a valid credit card. Processing and shipping times may limit the number of DVDs you can rent each month. Effex Media, LLC may suspend, terminate, or restrict use of a member account for any reason whatsoever, including but not limited to, delivery reliability, lost DVDs, fraud, or any violation of these Terms and Conditions of Use. Effex Media, LLC reserves the sole right to change these Terms and Conditions of Use at anytime without further notice to Members. This service is available only within the United States. Members expressly agree not to make any copies whatsoever of any DVDs provided by and received from Effex Media, LLC.
Membership Upgrades. Our system is designed to provide upgrades to your membership level on the next available billing cycle date. When you upgrade your membership, your payment method is immediately billed for the new level and extends your membership by one (1) month. The new membership plan will begin on the day which would have been the anniversary date of the prior membership plan.
Lost or Missing DVDs. Occasionally DVDs are lost in transit. When you report a missing DVD, Effex Media, LLC will mark the title as missing so that you will be sent the next available title in your Rental Queue. However, Effex Media reserves the sole right to cancel the membership of a subscriber indefinitely if it becomes apparent that the postal service in the subscriber's area is too unreliable.
Cancellation. You may cancel your service at any time by calling Customer Service toll free at (866) 833-3339. Customer Service Associates are available from 7 a.m. to 7 p.m. (ET), Monday through Friday. Following your cancellation, for each DVD lost or not returned to Effex Media, LLC after seven (7) days, a non-refundable $21.95 fee plus applicable tax will be charged to your credit card. It is your responsibility to monitor use of this program to ensure you utilize it effectively. There are no refunds or credits whatsoever for partial periods or unused rentals.
Warranties and Limitation of Liability. This service provided by Effex Media, LLC, its Site and its contents are provided to its Members on an "as is" basis and Effex Media, LLC makes no representations or warranties of any kind whatsoever with respect to the Site, its contents or its service. Effex Media, LLC assumes no liability or responsibility whatsoever for any errors or omissions in the content of the Site, any failures, delays, or interruptions in the shipment of DVDs, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, or any conduct by users of the service provided by Effex Media, LLC or its Site. Effex Media, LLC disclaims all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Effex Media, LLC does not represent or warrant that the information accessible via its Site is accurate, complete and/or current. In no event shall Effex Media, LLC, its owners, directors, officers, or employees be liable in any way (jointly or severally) to Members 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/or on any theory of liability, arising out of or in connection with the use or performance of the Effex Media, LLC Site, its contents or its service.
Intellectual Property- Copyright. All content included on the Effex Media, LLC Site and delivered to Members as part of the service, including DVDs, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Effex Media, LLC, or its suppliers and is protected by United States and International Copyright Laws. The compilation of all content on this site is the exclusive property of Effex Media, LLC, and protected by U.S. and International Copyright Laws. Content shall not be reproduced or used without express written consent of Effex Media, LLC, or its suppliers. Effex Media, LLC reserves the express right to terminate any Member's membership hereunder if Effex Media, LLC, in its sole and absolute discretion, believes that a Member is in violation of this paragraph, such violations include but are not limited to, the unauthorized copying of DVDs rented to Members by Effex Media, LLC or the copying or other unauthorized use of our proprietary content.
Jurisdiction and Disputes. Effex Media, LLC and its Member(s) expressly agree that the United States District Court in Trenton, New Jersey and/or the New Jersey Superior Court - Mercer County, shall have exclusive jurisdiction over any dispute between Effex Media, LLC and its Member(s) relating in any way to the Effex Media, LLC service or Site or these Terms and Conditions of Use. Effex Media, LLC and its Member(s) explicitly, expressly and irrevocably consent to personal jurisdiction and venue in these New Jersey courts. In the event of any lawsuit or proceeding arising from or under these Terms and Conditions of Use, the prevailing party shall be entitled to recover an award of its reasonable attorney’s fees and costs.
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