Terms and Conditions
Acceptance of Terms of Use
These Terms of Use govern your use of the DVD’s Online service and Web site. By using, visiting, or browsing the DVD’s Online Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the DVD’s Online service or Web site.
These Terms of Use are an ongoing contract between you and DVD’s Online and apply to your use of the DVD’s Online service and Web site. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
DVD’s Online, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the DVD’s Online Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the DVD’s Online Web site or continued use of our service after changes are made means that you agree to be bound by such changes.
Privacy
Any information submitted on the DVD’s Online Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
How Our Service Works
DVD’s Online is an online subscription movie rental service providing its members with access to a comprehensive library of motion picture, television and other filmed entertainment. Our most popular subscription plan allows subscribers to have three titles out at the same time, with no due dates, late fees or shipping charges. We offer a number of other subscription plans, including special promotional plans or subscriptions with limitations on the number of movies rentable during a month. Under all plans, subscribers select titles at our Web site, receive them on DVD delivered by scooter and return them using return boxes. After the titles are returned, we deliver the next available titles. Below is a description concerning the operation of our service and we reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service.
You can find the specific details regarding your subscription with DVD’s Online at anytime by clicking on the "Your Account" link, located at the top of the pages of the DVD’s Online Web site.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may choose to share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions. Users of public or shared computers should log out at the completion of each visit to the DVD’s Online Web site.
If you find that you're a victim of identity theft and it involves a DVD’s Online account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. DVD’s Online reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. DVD’s Online is not obligated to credit or discount a membership for holds placed on the account by either a representative of DVD’s Online or by the automated processes of DVD’s Online.
Disclaimers of Warranties and Limitations on Liability
The DVD’s Online service and Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the DVD’s Online Web site, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of the DVD’s Online Web site, any failures, delays, or interruptions in the shipment of DVDs, delivery of any content contained on the DVD’s Online Web site, any losses or damages arising from the use of the content provided on the DVD’s Online Web site, or any conduct by users of the DVD’s Online service or Web site. We reserve the right to ship DVDs in our sole and absolute 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 DVD’s Online, Inc., its shareholders, 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 the DVD’s Online Web site, its contents or our service. 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
We distribute movie, television, and other filmed entertainment. In addition, the DVD’s Online 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 DVD’s Online Web site are those of the respective authors or producers and not of DVD’s Online, Inc., or its shareholders, directors, officers, or employees. Under no circumstances shall DVD’s Online, Inc., or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the DVD’s Online Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the DVD’s Online Web site.
Use of Information Submitted<
DVD’s Online, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to DVD’s Online, including, without limitation, responses to questionnaires or through postings to the DVD’s Online 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 DVD’s Online Web site or other Web sites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.
Service Testing
From time to time, we test various aspects of our service, and we reserve the right to include you in these tests without notice.
Electronic Communications
By using the DVD’s Online service, you consent to receiving electronic communications from DVD’s Online. These communications will include notices about your account (e.g., shipping and receiving e-mails) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with DVD’s Online and you are entitled to receive them as part of the DVD’s Online subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your Conduct on the DVD’s Online Web Site
By accessing the DVD’s Online Web site, you agree not to upload, post, e-mail 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 DVD’s Online Web site. You also agree not to interfere with the servers or networks connected to the DVD’s Online Web site or to violate any of the procedures, policies or regulations of networks connected to the DVD’s Online Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the DVD’s Online Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the DVD’s Online Web site for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to subscribe to the DVD’s Online service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While DVD’s Online does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Profiles" below). Unless otherwise specified, the content on the DVD’s Online Web site is for your personal and non-commercial use and we grant you a limited license to access the DVD’s Online 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 DVD’s Online Web site without our express written consent. Any unauthorized use of the DVD’s Online Web site or its contents will terminate the limited license granted by us.
Sale of Previously-Viewed Titles
We offer select previously-viewed titles for sale through our Web site. Click on the "Buy Used" link at the bottom of any title. The titles available for sale may change from time to time and are subject to continued availability.
To make a purchase, just click "Buy" next to your chosen title and confirm your purchase as instructed. Your DVD purchase will be charged to your existing Payment Method and will be shipped for free to the current address in "Your Account." Applicable taxes will be added to the purchase price, but there are no other additional charges. The title will be shipped in a DVD case with its original artwork.
If for any reason you are not satisfied with any DVD that you purchase from us, we will replace it or provide you a refund, all in accordance with the following policy:
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links
Some of the hyperlinks on the DVD’s Online Web site may lead to other Web sites that are not controlled by, or affiliated with, DVD’s Online, Inc. In addition, other Web sites may link to the DVD’s Online Web site. DVD’s Online has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.
Claims of Copyright Infringement
It is the policy of DVD’s Online to respect the intellectual property rights of others. If you believe that content on the DVD’s Online Web site constitutes a copyright infringement, please notify us of your concern by submitting a written notice to us at the following address:
DVD’s Online.
Your notice must be signed and contain the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the DVD’s Online Web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Disputes
You and DVD’s Online agree that the Durban Magistrates Court shall have exclusive jurisdiction over any dispute between you and DVD’s Online relating in any way to the DVD’s Online service or Web site or these Terms of Use. You and DVD’s Online expressly and irrevocably consent to personal jurisdiction and venue in these courts.
These Terms of Use govern your use of the DVD’s Online service and Web site. By using, visiting, or browsing the DVD’s Online Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the DVD’s Online service or Web site.
These Terms of Use are an ongoing contract between you and DVD’s Online and apply to your use of the DVD’s Online service and Web site. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
DVD’s Online, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the DVD’s Online Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the DVD’s Online Web site or continued use of our service after changes are made means that you agree to be bound by such changes.
Privacy
Any information submitted on the DVD’s Online Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
How Our Service Works
DVD’s Online is an online subscription movie rental service providing its members with access to a comprehensive library of motion picture, television and other filmed entertainment. Our most popular subscription plan allows subscribers to have three titles out at the same time, with no due dates, late fees or shipping charges. We offer a number of other subscription plans, including special promotional plans or subscriptions with limitations on the number of movies rentable during a month. Under all plans, subscribers select titles at our Web site, receive them on DVD delivered by scooter and return them using return boxes. After the titles are returned, we deliver the next available titles. Below is a description concerning the operation of our service and we reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service.
- The Number of DVDs You Can Rent
Most of our subscribers rent between 3-11 movies per month. The number of DVDs that you rent will vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below). We provide a number of different subscription plans to accommodate a variety of movie watching preferences. Click on the "Your Account" link, located at the top of the pages of the DVD’s Online Web site and see "View Membership Terms" for details on the various plans we offer. In our unlimited plans, we do not establish a monthly limit on the number of DVDs you can rent, however, the actual number of DVDs you rent in any month will vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below). - Delivery Speed
If you DVDS are dropped off before 10:00am in the morning then you should receive you disks on the same day, however this may dependent on the load. You will definitely get your DVD’s the next day. - No Due Dates or Late Fees
Provided you continue to be a paying subscriber of our service, you may keep the DVDs delivered to you as long as you like (for all packages except Contract, Weekender and Weekender Deluxe. Given that we have no required return dates, we do not charge any late fees. You will be required to return the movies within 7 days following any cancellation of the service or be subject to charge for unreturned DVDs. Also, you may be charged for movies that you lose. As an additional member benefit, we will replace the occasional lost DVD free of charge. However, in the rare event that the number of lost DVDs on your account becomes excessive, as we may determine in our sole and absolute discretion, we will notify you that your account has been placed on hold for review and may charge your Payment Method for the estimated cost of the lost DVD(s). We will alert you of any potential charges prior to charging your Payment Method. - Your Wishlist
Movies that you select to rent will be placed into your own rental wishlist. You may add movies or adjust the queue at anytime. Click the "Wishlist" tab to make adjustments, review requested movies or to see which movies you currently have out. We will determine which movies to send you based on the movies in your queue and the priority in which you have listed them. We endeavor to ship to you the movies listed highest in your queue; however when availability is limited, we may ship you movies lower on your queue. At the time a movie is added to your rental queue, we will let you know of its availability. A message indicating availability as "available"; "short wait"; "long wait" will appear as you have selected a movie and it will also be stated in your queue so you can monitor availability. The availability you experience may vary based on a number of factors (See "Allocation, Delivery and Return of Rented DVDs" below). Adjustments made to your queue may not immediately impact your next shipment. The adjustments will, however, impact subsequent shipments. - Allocation, Delivery and Return of Rented DVDs
We reserve the right to allocate and ship DVDs among our subscribers in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of DVDs we purchase for any particular title and the level of staffing and number of shipments to be processed at each distribution center. As a result, we may not always send you the top choices from your queue, and we may not ship out your next DVD on the same day that we receive one from you. At present, our goal is to ship you the DVDs listed highest in your queue. Also, we currently try to ship you DVDs from the distribution center closest to you so that you get movies quickly. Often, on the same day that we receive a DVD from you, we will ship the next available DVD from your queue. In certain instances, your next available DVD will not ship until at least one business day following our receipt of your returned movie. This can occur, for example, when your top choices are not available to you from your closest distribution center or the number of shipments to be processed by the distribution center on that day has been exceeded. When this happens, your DVD will likely ship on the next business day.
We do not process returns or deliveries on Sundays or Holidays. We make no guarantee as to the shipping and delivery of DVDs and may, in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes.
You can find the specific details regarding your subscription with DVD’s Online at anytime by clicking on the "Your Account" link, located at the top of the pages of the DVD’s Online Web site.
- Free Trials
We encourage the use of our service through free trials. Free trials last for two weeks for eligible new subscribers. To view the specific details regarding your free trial, if any, click on the "Your Account" link located at the top of every DVD’s Online Web site page and click "View Membership Terms."
Free trials are only available to first time customers of the DVD’s Online service and cannot be combined with any other offer. Only one free trial may be redeemed per household. You must have Internet access and a valid credit card or debit card ("Payment Method") to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for approximately one month of service. In some instances, your available balance or credit limit may reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.
We will begin billing your Payment Method for monthly subscription fees corresponding to your subscription plan plus any applicable tax at the end of your free trial period unless you cancel prior to the end of your free trial. To view the specific details of your subscription plan, including price and end date of your free trial period, click the "View Membership Terms" link on the "Your Account" page. You will not receive a notice from us that your free trial has ended or that your paying subscription has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY DVD’S ONLINE WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your subscription plan until you cancel. You may cancel your subscription at anytime. We offer a number of subscription plans, including special promotional plans or subscriptions with limitations on the number of movies rentable in a month. Some of these promotional subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. To view the details of your specific subscription plan, click the "View Membership Terms" link on "Your Account" page. We reserve the right to modify, terminate or otherwise amend our offered subscription plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below). - Billing
By using the DVD’s Online service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the DVD’s Online service. Additional charges may include gift subscription purchases you make, movies you fail to return or service level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. Click on the "View Membership Terms" link on "Your Account" page to see the commencement date for your next renewal period. We will automatically bill your Payment Method each month on the last day of the month. All fees and charges are nonrefundable. 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 e mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the DVD’s Online Web site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method. - Automatic Renewals
Your DVD’s Online subscription will be automatically renewed on a monthly basis. For your convenience, we will bill the monthly subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew for successive monthly 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 each month in order to avoid billing of the next month's subscription fees to your Payment Method. - Cancellation
You may cancel your subscription to DVD’s Online at anytime, and cancellation will be effective immediately. To cancel, click the word "Cancel" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership." WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OR UNWATCHED MOVIES. Upon cancellation, you will be given seven (7) days to return any outstanding rentals. Failure to return such rentals will result in your Payment Method being billed for such items.
We reserve the right to terminate your account for any or no reason.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may choose to share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions. Users of public or shared computers should log out at the completion of each visit to the DVD’s Online Web site.
If you find that you're a victim of identity theft and it involves a DVD’s Online account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. DVD’s Online reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. DVD’s Online is not obligated to credit or discount a membership for holds placed on the account by either a representative of DVD’s Online or by the automated processes of DVD’s Online.
Disclaimers of Warranties and Limitations on Liability
The DVD’s Online service and Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the DVD’s Online Web site, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of the DVD’s Online Web site, any failures, delays, or interruptions in the shipment of DVDs, delivery of any content contained on the DVD’s Online Web site, any losses or damages arising from the use of the content provided on the DVD’s Online Web site, or any conduct by users of the DVD’s Online service or Web site. We reserve the right to ship DVDs in our sole and absolute 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 DVD’s Online, Inc., its shareholders, 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 the DVD’s Online Web site, its contents or our service. 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
- Copyright
All content included on the DVD’s Online Web site and delivered to subscribers 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 DVD’s Online, Inc., 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 DVD’s Online., and protected by South African. and international copyright laws. Content should not be reproduced or used without express written permission from DVD’s Online, or its suppliers. DVD’s Online reserves the right to terminate your membership hereunder if DVD’s Online, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of DVDs rented to you by us or the copying or other unauthorized use of our proprietary content. DVD’s Online does not promote, foster or condone the copying of DVDs or any other infringing activity. The use of DVDs rented to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the DVD’s Online Web site. - Trademarks
DVD’s Online is a registered trademark of DVD’s Online, Inc. DVD’s Online.co.za, and other marks indicated on our site are trademarks of DVD’s Online. All DVD’s Online graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of DVD’s Online, Inc. DVD’s Online's trademarks and trade dress may not be used in connection with any product or service that is not DVD’s Online's, in any manner that is likely to cause confusion among customers, in any manner that dilutes DVD’s Online's rights, or in any manner that disparages or discredits DVD’s Online. All other trademarks not owned by DVD’s Online that appear on the DVD’s Online Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DVD’s Online. Any images of persons or personalities contained on the DVD’s Online Web site shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
We distribute movie, television, and other filmed entertainment. In addition, the DVD’s Online 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 DVD’s Online Web site are those of the respective authors or producers and not of DVD’s Online, Inc., or its shareholders, directors, officers, or employees. Under no circumstances shall DVD’s Online, Inc., or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the DVD’s Online Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the DVD’s Online Web site.
Use of Information Submitted<
DVD’s Online, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to DVD’s Online, including, without limitation, responses to questionnaires or through postings to the DVD’s Online 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 DVD’s Online Web site or other Web sites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.
Service Testing
From time to time, we test various aspects of our service, and we reserve the right to include you in these tests without notice.
Electronic Communications
By using the DVD’s Online service, you consent to receiving electronic communications from DVD’s Online. These communications will include notices about your account (e.g., shipping and receiving e-mails) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with DVD’s Online and you are entitled to receive them as part of the DVD’s Online subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your Conduct on the DVD’s Online Web Site
By accessing the DVD’s Online Web site, you agree not to upload, post, e-mail 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 DVD’s Online Web site. You also agree not to interfere with the servers or networks connected to the DVD’s Online Web site or to violate any of the procedures, policies or regulations of networks connected to the DVD’s Online Web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the DVD’s Online Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the DVD’s Online Web site for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to subscribe to the DVD’s Online service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While DVD’s Online does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Profiles" below). Unless otherwise specified, the content on the DVD’s Online Web site is for your personal and non-commercial use and we grant you a limited license to access the DVD’s Online 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 DVD’s Online Web site without our express written consent. Any unauthorized use of the DVD’s Online Web site or its contents will terminate the limited license granted by us.
Sale of Previously-Viewed Titles
We offer select previously-viewed titles for sale through our Web site. Click on the "Buy Used" link at the bottom of any title. The titles available for sale may change from time to time and are subject to continued availability.
To make a purchase, just click "Buy" next to your chosen title and confirm your purchase as instructed. Your DVD purchase will be charged to your existing Payment Method and will be shipped for free to the current address in "Your Account." Applicable taxes will be added to the purchase price, but there are no other additional charges. The title will be shipped in a DVD case with its original artwork.
If for any reason you are not satisfied with any DVD that you purchase from us, we will replace it or provide you a refund, all in accordance with the following policy:
- If the movie your ordered arrives damaged or is lost on its way to you we will send out a replacement. If you subsequently receive the lost DVD, please return it to us with its artwork and case in the envelop you received it in to PO BOX 1950,Forest Hills, 3624. We reserve the right to limit replacements sent if we believe, in our sole and absolute discretion, that a request for replacements is in connection with any fraud or other deceitful activity.
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links
Some of the hyperlinks on the DVD’s Online Web site may lead to other Web sites that are not controlled by, or affiliated with, DVD’s Online, Inc. In addition, other Web sites may link to the DVD’s Online Web site. DVD’s Online has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.
Claims of Copyright Infringement
It is the policy of DVD’s Online to respect the intellectual property rights of others. If you believe that content on the DVD’s Online Web site constitutes a copyright infringement, please notify us of your concern by submitting a written notice to us at the following address:
DVD’s Online.
Your notice must be signed and contain the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the DVD’s Online Web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Disputes
You and DVD’s Online agree that the Durban Magistrates Court shall have exclusive jurisdiction over any dispute between you and DVD’s Online relating in any way to the DVD’s Online service or Web site or these Terms of Use. You and DVD’s Online expressly and irrevocably consent to personal jurisdiction and venue in these courts.
