TERMS AND CONDITIONS OF THE CleanFlicks Media, Inc. ONLINE DVD RENTAL AGREEMENT
This is a legal agreement between the consumer ("you") and CleanFlicks Media, Inc. (the "Company"). By purchasing or renting DVDs through the CleanFlicks website, you are agreeing to be bound by the terms of this agreement.
Consumer agrees he/she is at least 18 years of age.
Consumer's membership is non-transferable.
Consumer agrees to provide and maintain current Personal Information to include e-mail address, mailing address and credit/debit card information. CleanFlicks agrees to protect this information in accordance with the privacy policy described on our website.
After you have populated your queue, CleanFlicks will make all reasonable efforts to send you the first title in your queue that we have available in our inventory. This means that the first titles on your list may not be the first titles received, but, eventually, you will receive all of the titles in your queue. (This is a change from our previous policy of delivering titles in your queue in the order in which they were listed.)
CleanFlicks uses USPS for delivery and return of all rented or purchased DVDs. All rental service postage is paid by CleanFlicks. CleanFlicks will make all reasonable efforts to insure returned DVDs are processed in as timely a manner as possible during normal business hours (M-F, 8-5, ex-holidays) in order to minimize turnaround time. CleanFlicks will replace lost or damaged DVDs subject to the limitation that if the quantity of lost/damaged DVDs reported by a consumer becomes excessive, we will place the account under review and notify the customer via email if we will no longer replace lost or damaged DVDs for that account.
Credit/debit card charges are made at the beginning of the service and are automatically renewed on or about the same date of each month thereafter. Consumers may cancel at any time, however, there will be no credit or refunds for any unused portion of a month. CleanFlicks has the right terminate its service at any time. Additionally, rentals checked out by the consumer must be returned to CleanFlicks before service cancellation will be effective. If movies are not returned, subscription fees will be charged on the normal renewal day and the consumer will have to re-initiate cancellation. Alternatively, in CleanFlicks' discretion, the subscription may be terminated after charging the consumer the full purchase price of any and all DVDs not returned.
From time to time, the CleanFlicks service may, in its sole discretion, change the terms and conditions of this Agreement. Consumer agrees that if they continue to use the CleanFlicks service after such changes, they accept those changes.
CleanFlicks provides the CleanFlicks website and all information and services available therein "as is" and makes no express or implied representations or warranties regarding CleanFlicks or any services or information provided by any member, employee or business associate of CleanFlicks. Any implied warranties of merchantability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, CleanFlicks makes no representation that the operation of our site will be uninterrupted or error free, and CleanFlicks will not be liable for the consequences of any interruptions or errors.
Consumer agrees not to use CleanFlicks' proprietary materials or intellectual property in any manner that is disparaging or that otherwise portrays CleanFlicks in a negative light. CleanFlicks reserves all of its respective rights in its proprietary materials and intellectual property and trademarks, service marks and logos.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Utah without regard to the conflicts of laws, rules and principles thereof and Consumer agrees that, in the event of any disputes, Courts of resort will be either Federal or State courts located in the State of Utah.
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