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Top
Video World Monthly Subscription Agreement and Terms of Use.
Acceptance
of Terms of Use
This Agreement and Terms of Use govern your use of the Top Video
World Subscription Plans. You accept and agree to be bound by
these Agreement and Terms of Use. If you do not agree to these
Agreement and Terms of Use, you should not use any of Top Video
World services or rental plans. This Agreement and Terms of
Use are an ongoing contract between you and Top Video World
and apply to your use of the Top Video World service and rental
plans. These Terms of Use affect your rights and you should
read them carefully.
Age
Requirement
You must be 18 years of age or older to become a member of the
Top Video World. While individuals under the age of 18 may utilize
the service, they may do so only with the involvement of a parent
or legal guardian.
How
Monthly Subscription Works
Top Video World subscription rental service providing its members
with access to a comprehensive library of motion picture and
television on standard definition or Blu-ray disc (either format
referred to herein as "DVD"). We offer a variety of membership
plans at varying price levels. Under Monthly Subscription plans,
members select any movies (subject to availability) at our store
during regular business hours and return them to the same store,
with regular due dates, but no late fees.
We
reserve the right in our sole and absolute discretion to make
changes from time to time and without notice in how we operate
our service. We reserve the right to modify, terminate or otherwise
amend our offered membership plans.
The
Number of DVDs You Can Rent
We provide a number of different membership plans to accommodate
a variety of movie watching preferences. (Plan A) ThreeSUB -
Three Movie at a time - Unlimited exchange, (Plan B) FourSUB
- Four Movies at a time - Unlimited exchange, and (Plan C) FiveSUB
- Five Movies at a time - Unlimited exchange
Regular
Due Dates and No Late Fees
You are required to return the movies within (4 days/ 3 nights)
for New Release, TV Series, Blu-Ray and Adult titles and (8
days / 7 nights) for Regular Rental and Family Titles. Provided
you continue to be a paying member of our service, you may keep
the DVDs up to twenty-one (21) days without any late fees. However
after twenty-one (21) days you will be charged full price for
the movie, and this won't affect your subscription (we will
give you notice of these changes by mail or email.). If you
bring your movie back within ten days of this charge. We will
refund you the price of the movie, minus a $5 re-stocking fee.
You are also required to return any outstanding movies within
5 days following any cancellation of your subscription or be
subject to charge for any unreturned DVDs.
You
hereby authorize us to charge your Credit Card or your Payment
Method for any lost or unreturned DVD(s). The estimated cost
of the movies are: (A) $27.99 + tax per DVD, (B) $36.99 + tax
per Blu-Ray (C) $49.99 to $99.99 + tax per TV box set.
Membership
and Billing
(a)
Billing: By starting your Top Video World membership, you
are expressly agreeing that we are authorized to charge you
a monthly membership fee, any applicable tax and any other charges
you may incur in connection with your use of the Top Video World
service to the Payment Method you provided during registration
(or to a different Payment Method if you change your account
information). Additional charges may include movies you fail
to return or service level changes you request. As used in these
Terms of Use, "billing" shall indicate either a charge or debit,
as applicable, against your Credit card or Payment Method, including
a checking account, where applicable. The membership fee will
be billed at the beginning of your membership and on each monthly
renewal thereafter unless and until you cancel your membership.
We automatically bill your Payment Method each month on the
calendar day corresponding to the commencement of your membership.
You acknowledge that the amount billed each month may vary from
month to month for reasons that include differing amounts due
to promotional offers, differing amounts due to changes in your
membership plan, changes in the amount of applicable sales tax,
and charges for lost DVDs or DVDs not returned upon cancellation
or termination of your membership, and you authorize us to charge
your Payment Method for such varying amounts. We may also periodically
authorize your card in anticipation of membership or related
charges. All fees and charges are nonrefundable and there are
no refunds or credits for partially used periods. At any time,
and for any reason, we may provide a refund, discount, bonus
disc or other consideration. The amount and form of such credits,
and the decision to provide them are at our sole and absolute
discretion. The provision of credits in one instance does not
entitle you to credits in the future for similar instances,
nor does it obligate us to provide credits in the future, under
any circumstance. If your Payment Method reaches its expiration
date and you do not edit your Payment Method information or
cancel your account (see, "Cancellation" below), you authorize
us to continue billing that Payment Method and you remain responsible
for any uncollected amounts.
(b)
On-going Membership: Your Top Video World membership will
continue in effect unless and until you cancel your membership
or we terminate it. You must cancel your membership before it
renews each month in order to avoid billing of the next month's
membership fees to your Payment Method. We automatically bill
the monthly membership fee plus any applicable tax to the Payment
Method you provide to us.
(c)
Cancellation: You may cancel your Top Video World membership
at anytime and cancellation will be effective immediately. WE
DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP
PERIODS OR UNWATCHED MOVIES. To cancel, call or visit our store
during regular business hours with your photo ID. Upon cancellation,
you are given seven (5) days to return any outstanding rentals.
Failure to return such rentals will result in your Payment Method
being billed for such items. We will send you a reminder email
concerning unreturned discs prior to charging your Payment Method.
Account
Access, Identity Protection
In order to protect your account from identity theft, you will
need a photo ID and your phone number to check out any movies
and that enables us to recognize you as the account holder.
You are responsible for updating and maintaining the truth and
accuracy of the information you provide to us relating to your
account. If you disclose your information to anyone or share
your account with other people, you take full responsibility
for their actions. Top Video World reserves the right to place
any account on hold anytime with or without notification to
the member in order to protect itself and its partners from
what it believes to be fraudulent activity. Top Video World
is not obligated to credit or discount a membership for holds
placed on the account.
Disclaimers
of Warranties and Limitations on Liability
THE TOP VIDEO WORLD SERVICE, INCLUDING ALL DVDS RENTAL PLANS,
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WITH RESPECT TO THE TOP VIDEO WORLD
SERVICE, TOP VIDEO WORLD DOES NOT GUARANTEE, REPRESENT, OR WARRANT
THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE,
AND YOU AGREE THAT TOP VIDEO WORLD MAY ELIMINATE OR OTHERWISE
MODIFY ANY OR ALL ASPECTS OF THE SERVICE, WITHOUT COMPENSATION.
Without limiting the foregoing, we assume no liability or responsibility
for any of the following: (1) content contained on or defects
with DVDs from the Top Video World service, including damage
or defects DVD; (2) errors or omissions in the content (including
DVDs) rented by the Top Video World, (3) any failure or interruption
in the availability of the our service and/or website, including
availability of DVD; (4) any losses or damages arising from
the use of the content provided on the Top Video World service.
TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM
ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE,
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition,
we do not make any representations with respect to the content
contained on movies from the Top Video World service. We do
not represent or guarantee that your use of the Top Video World
service and website will be free from interruption, loss, corruption,
attack, viruses, interference, hacking, or other security intrusion
and we disclaim any liability with respect thereto. No oral
or written information or advice given by us or our authorized
representative shall create a warranty or otherwise constitute
a representation binding upon Top Video World or its affiliated
parties.
Electronic
Communications
By using the Top Video World service, you consent to receiving
electronic communications from Top Video World. These communications
will include notices about your account (e.g., shipping and
receiving e-mails and other transactional information) and information
concerning or related to our service. These communications are
part of your relationship with Top Video World and you receive
them as part of the membership. You agree that any notice, agreements,
disclosure or other communications that we send to you electronically
will satisfy any legal communication requirements, including
that such communications be in writing.
Right
to Terminate
We reserve the right to terminate or restrict your use of our
service, without notice, for any or no reason whatsoever.
Changes
to Terms of Use
Top Video World reserves the right, from time to time, with
or without notice to you, to change these Terms of Use in our
sole and absolute discretion. The most current version of these
Terms of Use is available at our website or inside the store
counter area. The most current version of the Terms of Use will
supersede all previous versions.
(Amended on 08/01/2010)
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