 |
 |
| Studio Select: |
|
|
|  |
|
|
| Porn Star Select: |
|
|
| |
|
|
|
|
| Acceptance of Terms & Conditions |
| |
| These Terms & Conditions govern your use of the DVD Monthly website (www.dvdmonthly.com).
By using the DVD Monthly website, you accept and agree to be bound by these
Terms & Conditions, and that any information you provide is true and
accurate to the best of your knowledge. If you do not agree to these Terms &
Conditions, you should not use the DVD Monthly website once signed in. |
| |
| Membership and Billing |
| |
| You can find the specific details regarding your subscription with DVD
Monthly, including your next billing date, at any time by clicking on "Your
Account", located at the top of the pages of the DVD Monthly website. |
| |
| Billing |
| |
|
As a subscriber to DVD Monthly, you agree that we are permitted to charge you a
monthly subscription fee and any other charges that you may incur in connection
with your use of DVD Monthly. The subscription fee will be billed at the
beginning of your subscription and on each monthly renewal thereafter unless and
until you cancel (or we terminate your account), 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 referred to in these Terms & Conditions 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 at least 1 month's advance notice of these
changes by email. If you wish to use a different credit card or payment method,
or if there is a change in your card validity or expiry date, you may edit
payment details by clicking on "Your Account", available at the top of most
pages of the DVD Monthly website.
|
| |
| Automatic renewals of subscription |
| |
|
Your DVD Monthly subscription will be automatically renewed on a monthly basis.
For your convenience, we will charge the monthly subscription fee to the
debit/credit card that you provide to us during registration (or to a different
payment method if you change your account information subsequently). 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.
|
| |
| Account changes |
| |
|
You may upgrade or downgrade your DVD Monthly subscription as often as you like,
within the 'My account' section of the DVD Monthly website. Any reduction in
your monthly bill will take effect at the next billing period after any
outstanding DVDs 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).
|
| |
| Delivery and return of DVDs |
| |
|
We can only deliver within the EU.
Actual delivery times may vary for you depending on (i) our stock availability,
(ii) your delivery address, (iii) when you make your selection and (iv)
circumstances impacting delivery by the Postal Services.
|
| |
|
You agree to treat the DVDs and their associated packaging with the utmost care
at all times. You agree that you may need to compensate DVD Monthly for any DVD
lost or returned in an unacceptable condition (beyond reasonable wear and tear)
- and that you allow DVD Monthly to charge such compensation to your
debit/credit card. We will notify you of any such charges before debiting your
debit/credit card.
|
| |
| Cancellation |
| |
|
You may cancel your subscription to DVD Monthly at anytime. To
cancel, click "Your Account" and follow the "Cancel Subscription" instructions under the heading
"Account Management". Immediately upon cancellation, no further DVDs will be
dispatched to you. We do not provide refunds or credits for any partial monthly
subscription periods and you will be given until the date of
your next scheduled payment to return any outstanding DVDs. Failure to return
outstanding DVDs
by this date
will result in your credit/debit card being billed further monthly subscription
charges until DVDs are received. To avoid
problems, we advise obtaining a certificate of posting when you return our DVDs
to us after cancellation.
|
| |
| Account access |
| |
|
You are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer. In order to provide you
with an easy-to-use service, DVD Monthly will place a 'cookie' (a small text
file) on any computer you use to access the DVD Monthly website. When you
revisit the DVD Monthly website, this cookie will enable us to recognize you as
the account holder and provide you with direct access to your account without
requiring you to retype any password or other user identification.
|
| |
| Disclaimers of warranties and limitations on liability |
| |
|
The DVD Monthly website and its contents are provided "as is" and we make no
representations or warranties of any kind with respect to the DVD Monthly
website or its contents. We assume no liability or responsibility for any errors
or omissions in the content of the DVD Monthly website, any failures, delays, or
interruptions in the shipment of DVDs, delivery of any content contained on the
DVD Monthly website, any content on the DVDs we ship, any losses or damages
arising from the use of the content provided on the DVD Monthly website, or any
conduct by users of the DVD Monthly website. We reserve the right to deliver
DVDs at our sole discretion. 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 site is accurate, complete or current.
|
| |
|
In no event shall DVD Monthly, its agents, 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 DVD Monthly DVDs for your personal use only at the address shown
on your account. Commercial exploitation or copying of our DVDs is not
permitted.
|
| |
| Copyright |
| |
|
All content included on the DVD Monthly website, including text, graphics,
logos, designs, photographs, button icons, images, audio/video clips, digital
downloads, data compilations, and software, is the property of DVD Monthly and
is protected by European & International copyright laws. The compilation of all
content on this site is the exclusive property of DVD Monthly and protected by
European & International copyright laws. They should not be reproduced or used
without express written permission from DVD Monthly.
|
| |
| Commercial exploitation |
| |
|
You may not sell, lease, lend, licence, hire out for any reward, use in a manner
inconsistent with the rights of the copyright owners or commercially exploit any
DVD Monthly DVDs in any way at any time.
|
| |
| DVD duplication |
| |
| You agree not to make any unauthorised copies of any DVD Monthly DVDs. |
| |
| Entertainment and website content |
| |
|
We distribute film, television, and other audio-visual entertainment. In
addition, the DVD Monthly website allows you and other third parties to post
reviews or comments concerning the entertainment distributed by us. Any
opinions, advice, statements, services, offers, or other information that
constitutes part of the content expressed or made available by third parties on
the DVD Monthly website are those of the respective authors or producers and not
of DVD Monthly (ADS Digital GmbH), its shareholders, directors, officers, or
employees. Under no circumstances shall DVD Monthly or its shareholders,
directors, officers, directors, agents or employees be held liable for any loss
or damage caused by your reliance on information obtained through the DVD
Monthly website. It is your responsibility to evaluate the information, opinion,
advice, or other content available through the DVD Monthly website.
|
| |
|
Linked websites are not under the control of DVD Monthly (or ADS Digital GmbH) and
we are not responsible for the conduct of companies linked to our website. Those
links are provided for convenience only and may not remain current or
maintained. Links to those websites should not be construed as any endorsement,
approval, recommendation or preference by us of the owners or operators of the
sites, or of any information, products or services referred to on those other
sites unless specifically stated.
|
| |
|
We permit you to post reviews on the DVD Monthly website in accordance with the
procedures established on the DVD Monthly website and provided that the content
is not illegal, obscene, libellous, threatening, defamatory or otherwise
objectionable to us. In posting such content, you agree not to use a false
e-mail address or otherwise mislead us or others regarding the origin of such
content. We do not regularly review the content posted on the DVD Monthly
website; however, we reserve the right to remove or edit such content at anytime
without notice or to terminate your account.
|
| |
| Use of information submitted |
| |
|
DVD Monthly is free to use any comments, information, ideas, concepts, reviews,
or techniques contained in any communication you may send to the DVD Monthly
website without further compensation, acknowledgement or payment to you for any
purpose whatsoever including, but not limited to, developing, manufacturing and
marketing products and creating, modifying or improving the DVD Monthly website
or other Web sites. Furthermore, by posting any information on our site, you
grant us a nonexclusive, royalty-free licence to display, use, reproduce or
modify that information.
|
| |
|
Any information submitted by you on the DVD Monthly website is subject to our
Privacy Policy. Please review our privacy policy to
understand our practices.
|
| |
| Your conduct on the DVD Monthly website |
| |
|
By accessing the DVD Monthly website, you agree not to upload, post, email or
otherwise send or transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment associated with the DVD Monthly website. You also agree not to
interfere with the servers or networks connected to the DVD Monthly website or
to violate any of the procedures, policies or regulations of networks connected
to the DVD Monthly website, the terms of which are incorporated herein. You also
agree not to impersonate any other person while using the DVD Monthly website,
conduct yourself in a vulgar or offensive manner while using our service, or use
the DVD Monthly website for any unlawful purpose.
|
| |
| Limitations on use |
| |
|
You must be resident in the EU and 18 years of age or older to use the DVD
Monthly service. Unless otherwise specified, the content on the DVD Monthly
website and the DVDs shipped are for your personal and non-commercial use in the
EU only and we grant you a limited licence to access the DVD Monthly 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, licence, create derivative works from, or offer
for sale any information contained on, or obtained from, the DVD Monthly website
without our express written consent. Any unauthorized use of the DVD Monthly
website or its contents will terminate the limited licence 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. In the event
that we do so we will give you seven days to return our DVDs and failure to
return these DVDs will incur charges, as described under 'cancellation' above.
|
| |
| Applicable law |
| |
|
Your use of this site is governed by these Terms And Conditions and construed
and enforced in accordance with the laws of The Netherlands. Disputes arising
from your use of this site are subject to the non-exclusive jurisdiction of the
Dutch courts.
|
| |
|
If any of these Terms are held by any court of competent authority to be
unlawful, invalid or unenforceable, in whole or in part, this will not affect
the validity of the remaining Terms which will continue to be valid and
enforceable to the fullest extent permitted by law.
|
|
|
|
