Terms and Conditions
AS A MEMBER YOU ARE
BOUND BY THE FOLLOWING INTELLIFLIX TERMS AND CONDITIONS:
Intelliflix is a world wide web site owned and operated by Intelliflix, Inc.
("Intelliflix"). By accessing
any areas of Intelliflix, the users ("Users") agree to be legally
bound and to abide by the terms and conditions set forth herein (the
"Terms and Conditions").
submitting an order via the Intelliflix web site, User is agreeing to be bound
by all of Intelliflix's current terms and conditions
related to the purchase or rental of Intelliflix products. User's Intelliflix order will not be confirmed
or processed unless User consents to be bound by the Terms and Conditions. The Terms and Conditions shall be governed and
interpreted by the laws of the State of
without regard to conflicts of law principles.
Changes to Terms and Conditions
Intelliflix may at
any time, and at its sole discretion, modify these Terms and Conditions with or
without notice. Such modifications will
be effective immediately upon posting. You
agree to review these Terms and Conditions periodically and your continued use
of Intelliflix following such modifications will indicate your acceptance of
these modified Terms and Conditions. If you
do not agree to any modification of these Terms and Conditions, you must
immediately stop using Intelliflix.
Coming Back Feature
This feature is an add-on beta component and is not a guaranteed component of a
membership. Currently all memberships are receiving this component, but it may
be changed or even removed from time to time. Currently we are allowing up to 1 concurrent
use of the coming back feature for general release movies (game rentals and
mature content rentals are excluded from this feature). Items rented on a pay per rental basis are
also excluded. Titles marked as coming
back by user and not received by Intelliflix within 10 days will be considered
All cancellations (for gift certificates, monthly subscriptions as well as SuperPass subscriptions) must be submitted in writing via the Intelliflix support website at least 72 hours before the end of your current billing cycle.
All subscriptions renew automatically at the end of a billing cycle, although members may cancel at any time. For members on a monthly subscription, membership cancellation takes effect at the end of your current billing cycle and refunds for unused portions of a membership will not be given.
Members who are on a SuperPass plan may also cancel at any time, their cancellation is effective immediately and no additional titles will be shipped to the member. Refunds of a SuperPass membership are granted and are calculated as follows: you will be charged for the months you’ve used our service using the current monthly pricing, not the SuperPass amount divided by twelve, as the SuperPass pricing is for those people who remain with us for an entire year. We do not give credit for partial months. In addition, there is a $10 early termination fee to cover our processing charges to cancel the account. The Intelliflix Starter plan is a non-refundable plan. Gift certificates are non-refundable as well.
Upon cancellation, all members will have 14 days beyond the end of their membership to return any DVDs that may still be outstanding. If the member does not return the DVDs or games within the 14 day period, then the account may be charged for the replacement cost of the outstanding titles. Replacement charge is $25.00 per DVD and $50 per game.
Risk Free Trial
The Risk Free Trial is a beta component and may be discontinued at any time. To qualify for a Risk Free Trial, a member must subscribe to a qualifying SuperPass plan (the SuperPass Starter Plan is ineligible for Risk Free Trial Participation). During the first 14 days from the member’s account activation, they may cancel and receive a full refund of their SuperPass fees, with no early termination fee. After 14 days from the member’s account activation, the standard Intelliflix refund policy is in effect, as noted in the Membership Cancellation paragraph.
Lost / Delayed Titles
It is the member’s responsibility to return all titles to Intelliflix and to report
titles as delayed, either during the time a title is shipped to the user, or
during the process of returning the title to Intelliflix. We understand that occasionally items are lost
in the mail. However, if lost items become
excessive, determined solely by Intelliflix, there will be a replacement fee of
$25 per DVD lost and $50 per game lost. This
includes final rentals that are being returned during the 14-day grace period
after a membership cancellation.
14 Day Grace Period
A 14 day grace period is provided after membership
cancellation to return all outstanding titles. This period is not an extension of the rental
period and you will not be able to rent any additional titles during this
period. This period should be solely
used to prevent shipping delays. All
outstanding titles must be mailed back before the 14 day grace period starts. If the member does not return the outstanding titles
within the 14 day period, then the account will be charged for the replacement
cost of all outstanding titles, as described in the Membership cancellation paragraph.
It is the member’s responsibility to return all titles to
Intelliflix in substantially the same condition as it was received by the
member, normal wear and tear excepted. If a title is returned to Intelliflix in a substantially worse condition
than it was received by the member, and the title is unplayable even after our
attempts to repair the title are unsuccessful, we may place the member’s
account on shipping hold while we investigate. If, in Intelliflix’ sole and exclusive discretion, there have been
excessive incidents of titles damaged while in the customer’s possession, we
may charge a replacement fee of $25 per DVD and $50 per game damaged. We will not hold the member responsible for
breakage that occurs in the
Postal Service. However, if we deem that
there has been excessive breakage through the US Postal Service related to a
customer’s account, we reserve the right to cancel that account in our sole and
exclusive discretion, with a pro-rated refund for the remainder of the service
not used, as described above in the Membership
All web site design, text, graphics, the selection and arrangement thereof, and
all software Copyright ©2001-2006, Intelliflix, Inc. ALL RIGHTS RESERVED. Any other use of materials on this web site
including reproduction for purposes of modification, distribution, or
republication without the prior written permission of Intelliflix is strictly
Intelliflix, DVD Barn, “The Online DVD Rental Club”, ”The World’s Largest Neighborhood
Video Store”, our logos, and all page headers, custom graphics and button icons
are service marks, trademarks, and/or trade dress of Intelliflix, Inc. All other trademarks, product names and
company names or logos cited herein are the property of their respective
Restricted Rights Legend
Use, duplication or disclosure by the United States Government is subject to
the restrictions set forth in DFARS 252.227-7013(c)(1)(ii)
and FAR 52.227-19.
Intelliflix is providing the site and its contents "AS IS" and makes
no representations or warranties of any kind with respect to this site or its
contents. Intelliflix disclaims all such representations and warranties,
including for example warranties of merchantability, fitness for a particular
purpose, and noninfringement.
addition, Intelliflix does not represent or warrant that the information
accessible via this site is accurate, complete or current. Price and
availability information is subject to change without notice.
NO EVENT SHALL INTELLIFLIX BE LIABLE 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. Because some states do not allow the exclusion
or limitation of liability for consequential or incidental damages, in such
states liability is limited to the fullest extent permitted by law.
User acknowledges that Intelliflix contains information, data, software,
photographs, graphs, digital video discs, games, videos, typefaces, graphics,
music, sounds and other material (collectively "Content") that are
protected by copyrights, trademarks, trade secrets or other proprietary rights,
and that these rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed. All Content is copyrighted as a collective
work under the U.S. Copyright laws and Intelliflix owns a copyright in the
selection, coordination, arrangement and enhancement of such Content. User may not modify, remove, delete, augment,
add to, publish, transmit, participate in the transfer or sale of, create
derivative works from or in any way exploit, any of the Content, in whole or in
part. If no specific restrictions are
displayed, User may make copies of select portions of the Content, provided
that the copies are made only for User's personal use and that User maintains
any notices contained in the Content, such as all copyright notices, trademark
legends or other proprietary rights notices. Except as provided in the preceding sentence
or as permitted by the fair use privilege under the U.S. copyright laws (see
e.g. 17 U.S.C. Section 107), User may not upload, post, reproduce, or
distribute in any way Content protected by copyright, or other proprietary
right, without obtaining permission of the owner of the copyright or other
propriety right. In addition to the
foregoing, use of any software Content shall be governed by the software
license agreement accompanying such software.
web site contains robot exclusion files, and you agree that you will not use
any robot, spider, other automatic device, or manual process to monitor or copy
our web pages or the content contained herein without our prior expressed
written permission. You agree that you
will not use any device, software, or routine to interfere or attempt to
interfere with the proper working of the Intelliflix site or any action being
conducted on our site. You agree that
you will not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. Much
of the information on our site is updated on a real-time basis and is
proprietary or is licensed to Intelliflix by our users or third parties. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display any content (except
for Your Information) from our web site without the prior expressed written
permission of Intelliflix or the appropriate third party.
Third Party Content
Intelliflix is a distributor and not a publisher of Content supplied by third
parties and Users. Intelliflix has no
more editorial control over such Content than does a public library or
newsstand. Any opinions, advice,
statements, services, offers, or other information that constitutes part of
Content expressed or made available by third parties, including third party
content providers ("Providers"), merchants ("Merchants"),
sponsors ("Sponsors"), licensors, ("Licensors"), or any other
User of Intelliflix are those of the respective authors or distributors and not
of Intelliflix, Inc. or its affiliates, or any of their respective officers,
directors, employees or agents. Neither
Intelliflix, Inc. or its affiliates or any of their respective officers,
directors, employees or agents nor any third-party, including any Provider,
Merchant, Sponsor, Licensor or any other User of Intelliflix guarantees the
accuracy, completeness, or usefulness of any Content, nor its merchantability
or fitness for any particular purpose. In
many instances, the Content available through Intelliflix represents the
opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor
or User not under contract with Intelliflix. Intelliflix neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice, or
statement made on Intelliflix by anyone other than authorized Intelliflix
employees. Under no circumstances shall
Intelliflix or its affiliates, or any of their respective officers, directors,
employees or agents be liable for any loss or damage caused by a User's
reliance on information obtained through Intelliflix. It is the responsibility of User to evaluate
the information, opinion, advice, or other Content available through
The U.S. export control laws regulate the export and re-export of technology
originating in the
. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
User agrees to abide by these laws and
their regulations - including but not limited to the Export Administration Act
and the Arms Export Control Act and not to transfer, by electronic transmission
or otherwise, any Content derived from Intelliflix to either a foreign national
or a foreign destination in violation of such laws.
Intelliflix Online Rights
Intelliflix may elect to electronically monitor the User submit areas and may
disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request,
(ii) if such disclosure is necessary or appropriate to operate Intelliflix, or
(iii) to protect the rights or property of Intelliflix, its Users, Sponsors,
Providers, Licensors or Merchants.
is not responsible for screening, policing, editing, or monitoring such
Content. If notified of allegedly
infringing, defamatory, damaging, illegal or offensive Content, Intelliflix may
investigate the allegation and determine in its sole discretion whether to
remove or request the removal of such Content from Intelliflix.
reserves the right to prohibit conduct, communication, or Content which it
deems in its sole discretion to be harmful to individual Users, Intelliflix,
the communities which make up Intelliflix, or any rights of Intelliflix or any
third party, or to violate any applicable law. Notwithstanding the foregoing, neither Intelliflix nor its Providers, Merchants, Sponsors, or
Licensors can ensure prompt editing or removal of questionable Content
after online posting. Accordingly,
neither Intelliflix or its Affiliates, or any of their respective officers,
directors, employees, or Agents nor, Provider, Merchant, Sponsor or Licensor
shall assume liability for any action or inaction with respect to conduct,
communication, or Content on Intelliflix.
posting Content, you grant Intelliflix and its subsidiaries and affiliates a
nonexclusive, perpetual, irrevocable, royalty-free right to use, display,
adapt, modify, copy, reproduce, distribute, publish, translate, promote, and
create derivative works from the Content anywhere in the world, in any form, in
any media, and for any purpose, and to sublicense any or all of the foregoing
rights to others. Further, you represent
and warrant that you own or otherwise control all rights to the Content and
that use or public posting of the Content will not infringe upon or otherwise
violate the rights of any third party, including, without limitation, any
copyright, trademark, or other intellectual property right, right of privacy,
or any other rights of any nature. Your
Content may not cause injury to any person or entity. Furthermore, no Comment submission may contain
libelous or otherwise unlawful, abusive or obscene material. Content may not contain software viruses, political
campaign material, commercial solicitations, chain letters, mass mailings or
any form of "spam." The member
submitting the Comment is solely responsible for any losses, costs, expenses
and damages that result from any violations of Intelliflix’ policies regarding
submitted to Intelliflix (including your name) will not be confidential and may
be published or disclosed in our sole discretion, without any compensation to
you. Intelliflix may, but is not
obligated to, respond to any Content.
Termination of Usage
Intelliflix may terminate User access, or suspend any User's access to all or
part of Intelliflix, without notice, for any conduct that Intelliflix, in its
sole discretion, believes is in violation of any applicable law or is harmful
to the interests of another User, a third-party Provider, a Merchant, a
Sponsor, a Licensor, a service provider or Intelliflix.
Users may not use Intelliflix to send unsolicited advertising, promotional
material, or other forms of solicitation to other Users except in those
specified areas that are designated for such a purpose.
is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous
or fictitious order will be prosecuted. Each
electronic entry carries the computer coding of the internet provider through
which the individual User can be traced.
Monthly memberships are billed on a monthly basis and automatically billed on
the monthly anniversary date each month there after.
SuperPass memberships are annual ones and your
account is automatically billed at the beginning of the annual period each
year, for the entire year. There is no
monthly billing with a SuperPass membership.
Gift certificate memberships will
automatically renew and the redeemer’s credit card on file will be charged
unless the account is canceled 72 hours before the end of your current billing
for a Pay Per Rental is as follows:
Movies $4.26 for a 5 day rental and $1.50 for each additional viewing day
Games/Mature $ 5.32 for a 5 day rental and $1.50 for each additional viewing
a Pay Per Rental title cannot be played upon receipt
by the customer a replacement title will be shipped, either the same title (if
currently available) or another one from the customer’s rental wish list. No refunds are granted to Pay Per Rental customers
21 days of extended viewing fees on an individual movie on a single Pay Per Rental period, Intelliflix will assume that the movie has
been purchased by the user and we will not charge any further fees for
additional viewing days.
42 days of extended viewing fees on an individual game on a single Pay Per Rental period, Intelliflix will assume that the game has
been purchased by the user and we will not charge any further fees for
additional viewing days.
localities require us to collect sales tax and/or other fees. We may pass these charges along to the
customer at our discretion.
3 Out for Life Program
3 out for life program pricing is subject to potential increases relative to
market factors which may be beyond the control of Intelliflix. These factors include but may not be limited
to increases in the cost of postage, shipping supplies, other delivery
infrastructure costs; increases in the cost of content acquisition including DVD's
VHS, games, or other media which may not yet be developed or in use. In the event that these market factors
necessitate a pricing modification, the subscriber will receive no less than 30
days notice of plan change.
Shipping Times and Destinations
All titles received before 3:30 p.m. local time Monday
- Friday at the Intelliflix distribution center where the title was shipped,
and before 1:00 p.m. Saturday will be processed as returned that same day. Orders received for in-stock titles before
3:30 p.m. local time Monday - Friday and before 1:00 p.m. Saturday at the appropriate
Intelliflix distribution center will be shipped that same day. Orders received for
in-stock titles on Sundays or holidays will ship the next available shipping
day. Our goal is to ship all new orders
within 48 hours of receipt.
rentals are shipped using First Class Mail via the U.S. Postal Service. Orders are usually delivered within 1-4
business days of shipping them from Intelliflix, depending upon postal service
traffic. Saturday and Sunday are not
considered business days. If you do not
receive your rental within 1 week, please contact us.
does not offer rental service to non-U.S. International areas.
Age & Regional Restrictions
Intelliflix membership is limited to those 18 years or older. Intelliflix does not ship outside of the
NC17, Adult and Unrated
areas of the
have regulations against titles of these ratings. You assume the responsibility for knowing the
community standards in your of area. If
you are not sure if your community, locale, area, county or state prohibits
adult material, we recommend you find out before ordering such material.
You agree to
indemnify and hold harmless Intelliflix and its affiliates and their respective
directors, officers, employees, agents or other representatives from and
against all claims, liability and expenses, including all legal fees and costs
arising from or relating to (a) your breach of these Terms and Conditions; and
(b) your use of Intelliflix including transmission or placement of information
or material by you to Intelliflix. This
provision shall survive the termination of your right to use Intelliflix.
Tell-A-Friend Partnership Program
We will issue a free month (30 days) to customers who
refer another paying customer who also renews their membership at least one (1)
time. A customer is eligible for twelve
(12) such referrals in a calendar year.
Consent to Electronic Communications
You consent to receive communications from Intelliflix
(including without limitation technical support, account status billing status,
and marketing materials) about your Intelliflix membership electronically,
either by e-mail or by notices posted on this site. You agree that any requirement that a notice,
disclosure, agreement, or other communication be sent to you by Intelliflix in
writing is satisfied by such electronic communication.
Revision: October 10, 2006