MoviebanK - A Better Way to Distribute Entertainment

TERMS AND CONDITIONS. Please read and keep these membership rules:

1 You agree to abide by Moviebank Terms and Conditions as set out below.

2 To rent any rental item you and/or the authorised renter(s) must present a valid membership card. Moviebank reserves the right to refuse to rent any rental item to you and/or any authorised renter(s) without a valid Moviebank membership card.

3 Should any or all of the membership cards issued under this application become lost or stolen at any time, it will be your responsibility to notify the originating store as soon as possible. If you fail to notify the originating store within a reasonable period (which will generally be 48 hours) of the loss or theft you will become liable for any and all charges and amounts due on the account.

4 You will accept full liability for any and all charges and amounts due to Moviebank which are attributable to the use by you and/or any authorised renter(s) of any or all membership cards issued under this application whether such use occurred with or without your knowledge or approval.

5 You authorise Moviebank to debit your current Credit/Debit Card account in order to recover all charges and amounts due and owing to Moviebank including but not limited to extra night option fees, rental item replacement costs, malicious damage, dishonoured cheques and reasonable legal costs incurred in connection with the recovery of all outstanding charges and amounts owing by you and/or any authorised renter(s).

6 If you and/or the authorised renter(s) fail to return any rental item(s) when due you will be charged extra night option fees. Extra night option fees (as displayed in-store) will be charged for every day the rental item(s) is overdue subject to a maximum of 15 days.

7 If you and/or the authorised renter(s), having returned the rental item(s) after the due day fail to pay any extra night option fees, Moviebank will contact you to remind you to pay the extra night option fees as soon as possible and to inform you that your current credit/debit card account will be debited the amount required to recover extra night option fees. We will not contact you if the balance is less than £20, however we will still charge your current credit/debit card.

8 If you and/or the authorised renter(s) fail to return any rental item(s) Moviebank will call you to remind you to return the rental item(s) as soon as possible. If you still fail to return the rental item(s) Moviebank will call you again to inform you that your current Credit/Debit Card account will be debited an amount equal to:

8.1 The recommended price of the rental item; and

8.2 The extra night option fees subject to a maximum of 15 days

9 You agree to return any rental item(s) in the same condition as when hired out. If malicious damage is caused to any rental item whilst rented to you and/or any authorised renter(s), Moviebank will debit from your current Credit/Debit Card account an amount equal to the Recommended Retail Price of the rental item(s).

10 If you do not have a Credit/Debit Card or your Credit/Debit Card has expired or you have exceeded your Credit/Debit Card limit Moviebank will instruct a credit agency in order to recover all charges and amounts due and owing to Moviebank, including but not limited to the charges and amounts set out in Clause 5 and you consent to the provision of personal details held by Moviebank relating to you to be passed to such credit agency.

11 For the purposes of these Terms and Conditions the Recommended Retail Price shall mean the retail price recommended for the sale of the rental item(s) as specified by the manufacturer and/or distributor, or in the absence of such recommendation Moviebank normal price of the rental item(s) applicable at the date the charge is debited.

12 You must notify Moviebank if you change your address. All correspondence will be deemed to be served if posted to the address last notified to Moviebank.

13 Moviebank reserves the right to cancel your membership at any time, either: by giving reasonable notice in writing to you; or without notice if Moviebank has a serious reason.

13.1 You may give notice to Moviebank to cancel your membership at any time. Moviebank will accept your notice of cancellation provided that all charges and amounts due and owing to Moviebank have been paid.

13.2 If you and/or the authorised renter(s) do not rent any rental item for a period of ten months your membership will be cancelled without notice.

13.3 After your membership ends you will still be personally liable to pay all amounts which are due and owing (or may become due and owing) to Moviebank in connection with your membership.

14 No Refund is applicable on our membership cards for any reasons.

15 If the machine is out of service it is the customer’s responsibility to arrange for the movie to be returned at a time no later than 24 hours otherwise standard charge will apply.

16 We will charge your current credit/debit card without letting you know if the amount owned to us is less than £20.

17 Membership applies to your base store only.

Terms and Conditions for Unlimited only
Unlimited Members from 24th August 2004

Changes to Terms & Conditions

MoviebanK. 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 the Terms & Conditions will supercede all previous versions.

Membership and billing

You can find the specific details regarding your subscription with MoviebanK, including your next billing date, at any time by contacting MoviebanK.

We will begin billing your credit card for monthly subscription fees for the MoviebanK service every 30 days unless you cancel prior to the end of your charge date. We will continue to bill your debit/credit card on a monthly basis for the MoviebanK service until you cancel.

· Billing

As a subscriber to MoviebanK, you agree that we are permitted to charge your debit/credit card a monthly subscription fee and any other charges that you may incur in connection with your use of MoviebanK. 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. 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 wish to use a different credit card or if there is a change in your card validity or expiry date, you may edit payment details by coming into the store.

· Automatic renewals

Your MoviebanK subscription will be automatically renewed on a monthly basis. For your convenience, we will charge the monthly subscription fee to the debit/credit card you provide to us during registration (or to a different card 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 in order to avoid billing of subscription fees to your debit/credit card.

· Account changes

You may upgrade or downgrade your MoviebanK subscription as often as you like, by coming into the store. Any reduction in your monthly bill will take effect at the next billing period after any outstanding DVDs and or Games have been returned to us. Any increase in your monthly bill resulting from an upgrade will take effect immediately, being pro-rated to the remainder of your billing period, and the increase may be charged immediately (without changing any subsequent billing dates).

· Cancellation

As noted above, you may cancel your subscription to MoviebanK at anytime. To cancel, come into the store in joining times." Immediately upon cancellation, no further DVDs and or Games will be available 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 and or Games. Failure to return such DVDs and or Games within these 7 days will result in your credit card being billed £3 per DVD and or Game per day late (including weekends and public holidays), up to a maximum of £30 per DVD and or Game and the our purchase value for the same DVD and or Game at the time of rental.

· Account access

You are responsible for maintaining the confidentiality of your account and password.

Disclaimers of warranties and limitations on liability

We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event shall MoviebanK, 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 MoviebanK DVDs and or Games for your personal use (and that of your family and friends). Commercial exploitation or copying of our DVDs and or Games is not permitted.

In addition:

· 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 MoviebanK DVDs and or Games in any way at any time.

· DVD duplication

You agree not to make any unauthorised copies of any MoviebanK DVDs.

Limitations on use

You must be resident in the UK and 18 years of age or older to use the MoviebanK service. Unless otherwise specified, the content on the MoviebanK website is for your personal and non-commercial use and we grant you a limited license to access the MoviebanK 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, license, create derivative works from, or offer for sale any information contained on, or obtained from, the MoviebanK website without our express written consent. Any unauthorized use of the MoviebanK website 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 'No commercial exploitation'. In the event that we do so we will give you seven days to return our DVDs and or Games and failure to return these DVDs and or Games will incur charges, as described under 'cancellation' above.

This version last updated 24^th April 2005.