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Acceptance of Terms & Conditions
These Terms & Conditions govern your use of the MyMovieStream website
(www.MyMovieStream.com). By using the MyMovieStream
website, 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 MyMovieStream website.
Changes to Terms & Conditions
MyMovieStream 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 MyMovieStream website. The most current
version of the Terms & Conditions will supercede all previous versions.
Your use of the MyMovieStream website 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 MyMovieStream,
including your next billing date, at any time by clicking on "My
account", located at the top of the pages of the MyMovieStream website.
• Free trials
MyMovieStream may make the offer of a Free Trial to new users, to enable them to
try the service before committing to full membership. The terms of any given
Free Trial offer will be clearly defined and confirmed to new users at the point
of sign-up. A Free Trial may be limited by a time period and/or number of
rentals and/or other factors which MyMovieStream may vary from time to time.
Free trials are only available to new subscribers of www.MyMovieStream.com.
Previous subscribers or trialists (of www.MyMovieStream.com) do not qualify for a free trial. Only one free
trial may be redeemed per household and a free trial may not be combined
with any other offer, unless using a MyMovieStream Voucher Code. You must have internet access and a valid debit/credit
card to redeem a free trial offer.
No actual charges will be made against the card if you cancel prior to the end of your free trial.
However, upon registering for your free trial, your debit/credit card will be validated to verify your
identity, and to protect us from theft and fraud.
We will begin billing you for the agreed monthly subscription fees for the MyMovieStream
service at the end of your free trial unless you cancel prior to the end
of your free trial. We will continue to bill you by your chosen payment
method on a monthly basis for the MyMovieStream service until you cancel.
You must cancel your account before the end of your free trial to avoid
charges. For instructions on how to do this, see the section on 'cancellation'
below.
• Billing
As a subscriber to MyMovieStream, you agree that we are permitted to
charge you a monthly subscription fee and any other charges that you may
incur in connection with your use of MyMovieStream. The subscription fee
will be billed at the beginning of your subscription and on each monthly
renewal thereafter unless and until you cancel, and regardless of how
much you use the service. We will automatically charge your debit/credit
card each month on or after the calendar day corresponding to the commencement
of your membership (usually the end of your free trial). All fees and
charges are non-refundable. We may change the fees, offer and charges
in effect, or add new fees, offers and charges from time to time, but
we will give you advance notice of these changes by email. If you wish
to use a different credit card or payment method, or if there is a change
in your card validity or expiry date, you may edit payment details by
clicking on "My account", available at the top of most pages
of the MyMovieStream website.
• Automatic renewals
Your MyMovieStream subscription will be automatically renewed on a monthly
basis. For your convenience, we will charge the monthly subscription fee
to the debit/credit card that you provide to us during registration (or
to a different payment method if you change your account information subsequently).
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 in
order to avoid billing of subscription fees.
• Delivery and return of DVDs
We currently use the Royal Mail, first-class postage prepaid, to deliver
and return the DVDs you have selected to view. 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) circumstances impacting
delivery by the Royal Mail.
Occasionally DVDs are lost in the post. In this situation, MyMovieStream
will despatch a replacement. However, MyMovieStream reserves the 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.
You agree to treat the DVDs and their associated packaging with the utmost
care at all times. You agree that you may need to compensate MyMovieStream
for any DVD lost or returned in an unacceptable condition (beyond reasonable
wear and tear) - and that you allow MyMovieStream to charge such compensation
to your debit/credit card. We will notify you of any such charges.
• Cancellation
As noted above, you may cancel your subscription to MyMovieStream at
anytime. To cancel, click "My Account" and follow the link
"Cancel My Account." Immediately upon
cancellation, no further DVDs will be dispatched to you. We do not provide
refunds or credits for any partial monthly subscription periods. Upon
cancellation, you will be given seven (7) days to return any outstanding
DVDs. Failure to return such DVDs within these 7 days will result in your
credit card being billed £1 per DVD per day late (including weekends
and public holidays), up to a maximum of £20 per DVD. To avoid problems,
we advise obtaining a certificate of posting when you return our DVDs
to us.
Account access
You are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer. You will be
required to enter your email address and password each time you wish to use the site.
Disclaimers of warranties and limitations on liability
The MyMovieStream website and its contents are provided "as is"
and we make no representations or warranties of any kind with respect
to the MyMovieStream website or its contents. We assume no liability or
responsibility for any errors or omissions in the content of the MyMovieStream
website, any failures, delays, or interruptions in the shipment of DVDs,
delivery of any content contained on the MyMovieStream website, any losses
or damages arising from the use of the content provided on the MyMovieStream
website, or any conduct by users of the MyMovieStream website. We reserve
the right to deliver DVDs 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 MyMovieStream, 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 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 MyMovieStream DVDs 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 DVDs is not permitted.
In addition:
• Copyright
All content included on the MyMovieStream website, including text, graphics,
logos, designs, photographs, button icons, images, audio/video clips,
digital downloads, data compilations, and software, is the property of
MyMovieStream or its suppliers and is protected by United Kingdom and
international copyright laws. The compilation of all content on this site
is the exclusive property of MyMovieStream and protected by U.K. and international
copyright laws. They should not be reproduced or used without express
written permission from MyMovieStream.
• Commercial exploitation
You may not sell, lease, lend, licence, hire out for any reward, use
in a manner inconsistent with the rights of the copyright owners or commercially
exploit any MyMovieStream DVDs in any way at any time.
• DVD duplication
You agree not to make any unauthorised copies of any MyMovieStream DVDs.
Entertainment and website content
We distribute film, television, and other audio-visual entertainment.
In addition, the MyMovieStream website 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 MyMovieStream website are those of the respective authors
or producers and not of MyMovieStream, its shareholders, directors, officers,
or employees. Under no circumstances shall MyMovieStream 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
MyMovieStream website. It is your responsibility to evaluate the information,
opinion, advice, or other content available through the MyMovieStream
website.
Linked websites are not under the control of MyMovieStream and we are
not responsible for the conduct of companies linked to our website. Those
links are provided for convenience only and may not remain current or
maintained. Links to those websites should not be construed as any endorsement,
approval, recommendation or preference by us of the owners or operators
of the sites, or of any information, products or services referred to
on those other sites unless specifically stated.
We permit you to post reviews on the MyMovieStream website in accordance
with the procedures established on the MyMovieStream website 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 MyMovieStream website; however, we reserve the right to remove
or edit such content at anytime without notice.
Use of information submitted
MyMovieStream is free to use any comments, information, ideas, concepts,
reviews, or techniques contained in any communication you may send to
the MyMovieStream website 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 MyMovieStream website or other Web sites. Furthermore,
by posting any information on our site, you grant us a nonexclusive, royalty-free
licence to display, use, reproduce or modify that information.
Any information submitted by you on the MyMovieStream website is subject
to our Privacy Statement. Please review our
Privacy Statement to understand
our practices.
Your conduct on the MyMovieStream website
By accessing the MyMovieStream website, 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 MyMovieStream website.
You also agree not to interfere with the servers or networks connected
to the MyMovieStream website or to violate any of the procedures, policies
or regulations of networks connected to the MyMovieStream website, the
terms of which are incorporated herein. You also agree not to impersonate
any other person while using the MyMovieStream website, conduct yourself
in a vulgar or offensive manner while using our service, or use the MyMovieStream
website for any unlawful purpose.
Limitations on use
You must be resident in the UK and 18 years of age or older to use the
MyMovieStream service. By subscribing, the subscriber confirms they are
aged 18 or over. Unless otherwise specified, the content on the MyMovieStream
website is for your personal and non-commercial use and we grant you a
limited licence to access the MyMovieStream website 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, licence, create derivative works from, or offer for
sale any information contained on, or obtained from, the MyMovieStream
website without our express written consent. Any unauthorized use of MyMovieStream
website or its contents will terminate the limited licence 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 'No commercial
exploitation'. In the event that we do so we will give you seven days
to return our DVDs and failure to return these DVDs will incur charges,
as described under 'cancellation' above.
Applicable law
This website is controlled by MyMovieStream Ltd. Your use of this site
is governed by these Terms And Conditions and construed and enforced in
accordance with the laws of England & Wales. Disputes arising from
your use of this site are subject to the non-exclusive jurisdiction of
the English courts.
Prize Draws
MyMovieStream may from time to time operate Prize Draw promotions for which the following conditions will apply:
Open to all UK residents aged 18 or over except for employees of MyMovieStream, their families or anyone connected
professionally with the promotion; MyMovieStream only accepts one entry per household into each prize draw, unless
otherwise stated; No purchase necessary to enter MyMovieStream prize draws; No responsibility can be accepted by
MyMovieStream for lost or delayed entries; The closing date of any MyMovieStream prize draw will be clearly stated
in each case; The winner(s) of any MyMovieStream prize draw will be drawn within 7 days of the relevant closing date
at random for from all valid entries received by the relevant closing date; Each winner will be notified by email within
7 days of the draw and it is the participant's responsibility to ensure that the contact details and email address that
they supply are correct; Prizes can only be despatched on confirmation of receipt of notification by each winner, who will
be asked to confirm their postal address; All prizes must be claimed within 90 days of the draw after which the prize
claim will be void and the prize will be redrawn and offered to another participant; Title, surname and location of winners
of MyMovieStream prize draws can be requested by emailing
customerservice@mymoviestream.co.uk;
Prizes are subject to availability
and in the event of unavailability MyMovieStream may substitute an alternative prize of similar value and specification; Prizes
may not be swapped for an alternative or cash unless this option is offered as an alternative with a specific prize draw; By
entering a MyMovieStream prize draw and submitting email and postal address information, participants are agreeing to receive
marketing offers from MyMovieStream; If you would like to enter a MyMovieStream Prize draw without joining as a trial member,
please write to Competition Entry, MyMovieStream Ltd, Unit 3, Britannia Trade Centre, Ryehill Close, Lodge Farm Industrial Park, Northampton, NN5 7UA
stating with prize draw you wish to enter. Entries must
be received by the closing date; Entry into any MyMovieStream prize draw is deemed to be acceptance of these terms;
Promoter: MyMovieStream Ltd, Unit 3, Britannia Trade Centre, Ryehill Close, Lodge Farm Industrial Park, Northampton, NN5 7UA.
This version last updated 13 June 2005.
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