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Intelliflix Standard 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").

By electronically 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 Florida, 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 lost.

Membership Cancellation
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.

Damaged Titles
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 US 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 Cancellation paragraph.

Copyrights
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 prohibited.

Trademarks
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 owners.

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.

Disclaimers
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.

In 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.

IN 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.

Proprietary Rights
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.

Our 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 Intelliflix.

Export
The U.S. export control laws regulate the export and re-export of technology originating in the United States .  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.

Intelliflix 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.

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.

By 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 Content.

Content 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.

Miscellaneous
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.

It 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.

Billing
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 cycle.

Pricing 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 day

If 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

After 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.

After 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. 

Some 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.

All 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.

Intelliflix 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 U.S.

NC17, Adult and Unrated Titles
Some areas of the United States 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.

Indemnification
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

 
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