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Terms.
These terms of use (“Terms”) are a contract between you and DVDPlay, the operator of the disc vending kiosks (the “Kiosks”), and govern your use of the Kiosks in the United States. By using our Kiosks, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Kiosks. These Terms should be read carefully because they affect your rights. We reserve the right, at any time, with or without notice to you, to change these Terms in our sole and absolute discretion. You agree to regularly review the Terms and apprise yourself of the then-current Terms. By using our Kiosks after the posting or delivery of amended Terms, you will be deemed to have accepted and be bound by the amended Terms. Disc Rentals.
When you rent a disc from our Kiosks, you will be charged $1.00 (the “Rental Charge”) per disc plus tax, if applicable, for the initial Rental Period (as defined below). Subject to the terms below, you can keep the disc as long as you like and return it to any of our Kiosks when you are ready to return it. You will not be charged any additional Rental Charge if you return the disc to any of our Kiosks prior to 7:00 p.m. (local time), on the day following your date of rental (each such period is hereinafter referred to as a “Rental Period”). If you return the disc at any time after the first Rental Period, you will be charged the Rental Charge plus tax, if applicable, for each additional Rental Period that you keep the disc; provided, however, the maximum amount you will be charged per disc rented is $25.00 (the “Maximum Charge”), if you do not return the disc to any of our Kiosks before the expiration of the 25th Rental Period, in which event the disc is yours to keep.
For example, if you rent a disc prior to 7:00 p.m. on Monday, you will be charged $1.00 plus tax, if applicable, at the time of the rental. If you return the disc prior to 7:00 p.m. on Tuesday, you will not be charged any additional Rental Charges. If you return the disc after 7:00 p.m. on Tuesday, but before 7:00 p.m. on Wednesday, you will be charged an additional $1.00 plus tax, if applicable, for the one additional Rental Period that you kept the disc. If instead you return the disc after 7:00 p.m. on Wednesday, but before 7:00 p.m. on Thursday, you will be charged an additional $2.00 plus tax, if applicable, for the two additional Rental Periods that you kept the disc. If a disc is returned in damaged condition, as determined by us in our sole and absolute discretion, we reserve the right to assess additional fees in an amount, together with all applicable Rental Charges, not to exceed the Maximum Charge.
At the time of rental, DVDPlay will seek an authorization from your payment card company equal to the Rental Charge for the first Rental Period for each disc that you rent. If this authorization is received, the actual charge to your account at the time of rental will be only for Rental Charge for the first Rental Period. DVDPlay is authorized to charge your payment card for any additional Rental Charges and fees that you may incur.
You agree to provide us with an alternate, valid payment card if any additional Rental Charges or fees are declined for any reason. If your payment card is declined, we reserve the right to charge you interest for overdue charges at the then-highest current rate allowable by law. You also agree to pay all collection fees, including but not limited to reasonable attorneys fees.
Limitations on Use.
By using our service and Kiosks, you are acknowledging and representing that you are 18 years of age or older and that you are using a payment card that is validly issued in your name for your rental of disc(s) from our Kiosks; or that you are under the age of 18 but are utilizing our Kiosks with the permission and involvement of a parent or legal guardian.
Promo Code Terms and Conditions.
Promo codes are valid at DVDPlay locations only. Promo codes are valid for the first Rental Period only. In the event you use a valid and unexpired promotional code provided by us when renting a disc from our Kiosks, the specific terms of the promotion associated with such promotional code will govern your rental. Your payment card is necessary to redeem your promo code and will be charged at a rate of $1.00 plus tax, if applicable, for each additional Rental Period after the first Rental Period. Promo codes are not transferable, not for resale, and cannot be combined with other offers. Limit one promo code per transaction. To use a promo code, you may be required to enter a valid email address and/or zip code. Unless otherwise stated on a promo card or in the terms and conditions applicable to any specific promotion, promo codes are expected to be used within 30 days unless otherwise specified, and we reserve the right to terminate a promotion or promotion code at any time with or without notice. If you have an outstanding, unpaid balance with us, you are not eligible to use a promo code.
Electronic Communications.
When you rent a disc from any of our Kiosks, you may request to receive an email receipt of your rental or purchase. By requesting an email receipt, you consent to receiving electronic communications from us. These communications may include notices, disclosures, agreements, product specials, discounts and promotions. If you do not wish to receive any such communication, you may elect to unsubscribe to such communications via the Website link provided in your email receipt or any such communications. You acknowledge that the content of our emails may contain materials copyrighted by us or third-party organizations. Copyrighted materials cannot be copied, published, reprinted, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission from the copyright holder.
Privacy Statement.
We consider your privacy to be of utmost importance. Our personal information practices are governed by our Privacy Policy , the terms of which are incorporated herein. Please review our Privacy Policy on our Website at www.dvdplay.com to understand our practices.
Disclaimers of Warranties and Limitations of Liability.
YOUR SERVICE AND KIOSKS AND ALL DISCS RENTED FROM OUR KIOSKS ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO OUR SERVICE OR KIOSKS OR THE CONDITION OF ANY DISC RENTED FROM OUR KIOSKS AND WE HAVE NO RESPONSIBILITY FOR ANY PATENT OR LATENT DEFECTS IN SUCH DISCS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT PROVIDED IN OUR KIOSKS OR FOR ANY CONTENT IN ANY DISC RENTED FROM OUR KIOSKS, ANY FAILURES, DELAYS, OR INTERRUPTIONS IN OUR SERVICE, OUR KIOSKS OR OUR DELIVERY OF DISCS, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED IN OUR KIOSKS, OR ANY CONDUCT BY USERS OF OUR SERVICE OR KIOSKS. 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 KIOSKS IS ACCURATE, COMPLETE OR CURRENT.
IN NO EVENT SHALL WE, OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS 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 OUR KIOSKS OR DISCS, THEIR 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.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICE AND KIOSKS. Ideas and Concepts.
Any and all title, ownership rights, and intellectual property rights concerning any ideas, concepts, suggestions, materials and the like that you provide to us regarding our business, the Kiosks, www.dvdplay.com, or our software shall become our exclusive property and may be used for our business purposes in our sole discretion without any payment, accounting, remuneration or attribution to you. Right to Terminate.
We reserve the right to terminate or restrict your use of our service and Kiosks, without notice, for any or no reason whatsoever. Disputes.
Any dispute involving these Terms, your access and use of the Kiosks, and the relationship between you and us are governed by California law, without giving effect to its conflict of law provisions. You and DVDPlay both agree to submit to the personal and exclusive jurisdiction of the California courts. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you arising out of or related to these Terms, your access and use of the Kiosks, or the relationship between you and us, must be filed within one (1) year after such claim or cause of action arose or be forever barred. Questions.
If you have any questions or comments regarding our service or Kiosks, please contact our toll-free customer service phone number: 1-866-738-3752 x 3. Our trained customer service representatives provide live phone coverage 7 days per week. You can also submit a webform inquiry through our website at www.dvdplay.com . General.
These Terms (which includes all current and future Terms) embodies the entire understanding between the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. If any provision of these Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.
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