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terms and conditions.
MOVIEGAL MEMBERSHIP

Moviegal Membership is required to rent items.

Membership is free and requires a verified credit card. This credit card will be verified at retail store location during the first rental. Purchases thereafter may be made in cash or by credit card.

Applicant acknowledges that he/she has received and read a copy of these Terms and Conditions for Moviegal Membership and agrees that the membership card(s) and accounts issued by Moviegal.com ("Moviegal") will be used only as provided in such Terms and Conditions. Moviegal reserves the right, at any time and without notice, to amend the Terms and Conditions of Membership. APPLICANT ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY AND GUARANTEES PAYMENT FOR ALL ITEMS RENTED THROUGH THE USE OF THE MEMBERSHIP CARD, WHETHER OR NOT SUCH USE IS AUTHORIZED BY APPLICANT. (Guarantee not applicable in California.) Applicant agrees that Moviegal and its franchisees may pursue all avenues of collection, including use of collection agencies, and authorizes Moviegal and its franchisees to prepare and submit credit card charges using the verified credit charge to recover all charges and all other unpaid amounts due to:

a) Applicant's failure to timely return all items rented through the membership,
b) Damages to returned items (not to exceed the retail price of the item),
c) Other unpaid charges and reasonable legal fees resulting from the failure to return rented items.

1. Member must notify Moviegal immediately by telephone and in writing if another agent obtains the email/passord combination required for account login and rental. Member is responsible for all use of the account prior to receipt by Moviegal of written notice of the security compromise. All telephone correspondences should be directed to the Moviegal customer service line at (617) 416 6754. All written correspondences must be sent to the Moviegal customer service e-mail account (service@moviegal.com).

2. Failure to notify Moviegal of anothering agent obtaining email/password combination may result in the posting of significant charges to the credit card account which you submit.

3. Any rented item not returned to the proper Moviegal retail store within 10 days after rental may, at the option of Moviegal, be converted from a rental to a sale. Member is responsible for the full retail price of the unreturned item plus all rental and extended viewing fees and other related charges arising from the rental prior to the conversion to a sale.

4. Moviegal, its affiliates, retailers, and franchisees (if permitted by Moviegal) may share and use personally identifiable information collected from members during registration and membership sign up, or generated by use of the membership to develop and improve the products, benefits and services they or selected business partners offer to Members. Moviegal, its affiliates, retailers, and franchisees (if permitted by Moviegal) also may share and use certain Member data in the ordinary course of their business, for example, for account maintenance and debt collection, except as described in the Moviegal Privacy Policy. Moviegal, its affiliates, retailers, and franchisees (if permitted by Moviegal) may direct offers, information and other communications to you by email or otherwise.

5. Member acknowledges that in Moviegal retail stores, rentals must be returned by closing time of the store from which they were rented on the day they are due to avoid extended viewing fees, which shall be assessed on a per rental period basis.

6. Member is responsible for returning rental items to the specific Moviegal retailer where they were rented.

7. Moviegal Membership is not transferable. You must be 18 years of age for Moviegal Membership.

ONLINE RENTAL POLICY

Online rental is required for home delivery and for in-store pickup (where applicable).

Your online rental is only guaranteed until the close of business on the day the rental was made for the retail store where the reservation was made. If the rental item is not picked up by the close of the store, the item will be made available to other customers and the fees associated with your rental will not be returned to you. Rental fees are determined on a store by store basic and applicable sales tax for the purchase region is applied. Items are due back before the closing time of the store from which they were rented on the day they are due. The day of your rental qualities as one night. Late fees are $1.50 + appicable sales tax each additional day. Fees must be paid in cash or credit card at the moviegal store location. To rent additional titles, you account balance must be paid in full.

DISCLAIMER

THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. MOVIEGAL INC. ("Moviegal") MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PARTNER VENDORS, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, MOVIEGAL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS CONSISTENT WITH PARTNER STORE INVENTORY, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Except as specifically stated on this site, neither Moviegal, its affiliates, franchises or any of their directors, employees, agents, shareholders affiliates, or other representatives will be liable for damages arising out of or in connection with: access to, use of, or inability to use this site; any materials, information, qualification, or recommendations appearing on this site; delay, error, or failure of performance of the site, or the software, products, or services offered through or contained in this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation compensatory, direct, indirect, special, incidental or consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties. Local laws may disallow portions of the foregoing disclaimer. Please refer to local applicable laws to understand all your rights.

RELIANCE ON INFORMATION

This site may include publications with technical inaccuracies or typographical errors that may be corrected as they are discovered at Moviegal's sole discretion. Also, changes are periodically made to the information contained herein. Moviegal may at any time make modifications, improvements and/or changes to these Terms and Conditions; Moviegal Membership Terms and Conditions, privacy policies, Online Rental Terms and Conditions, product purchase terms and conditions, the information, names, text, software, images, pictures, logos trademarks and other materials displayed on or contained in Moviegal's site; or the products and services referred to within, with or without notice. Such modifications, improvements and/or changes shall be effective immediately upon posting. Moviegal's site may contain links to or references to other web sites. The information, names, images, pictures, logos and trademarks that can be accessed may originate outside the boundaries of Moviegal's site. Moviegal shall have no obligation or responsibility regarding any content derived, obtained or accessed within, through or outside Moviegal's own site. You agree not to add, alter, substitute or amend partially or in whole any information, software or other materials displayed on or contained in the site.

INTELLECTUAL PROPERTY

The materials displayed on or contained within this site including, without limitation all site software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the Materials), are the property of Moviegal or its licensors and are protected by copyright, trademark and other intellectual property laws. Moviegal name, design and related marks are trademarks of Moviegal, © 2002 Moviegal. All rights reserved.

Moviegal hereby grants member a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of Moviegal.com. Use of Materials is only permitted with the express written permission of Moviegal.com and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Massachusetts, without regard to its conflict of laws provisions. Disputes arising herefrom are in first instance exclusively subject to the jurisdiction of Massachusetts or United States courts located in Cambridge, Massachusetts.

ACCEPTABLE USE

Registration. In providing information to Moviegal, you agree to provide true, accurate, current and correct information about yourself, and (b) to maintain and update your registration information to keep it true, accurate, current and complete. If Moviegal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Moviegal has the right to suspend or terminate your account and refuse any and all current of future use of your Moviegal ® Membership (or any portion thereof).

In using this site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to newsgroups; or (g) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address).

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.

To the extent that the following activities are prohibited by applicable law, in using this site you will not: (a) use the site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.

To the extent that any of the following activities materially interfere with this site or the network and systems of a Moviegal service provider ("Service"), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this site or Service; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this site or Service or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the or servers or networks connected to this site or Service; (f) use this site or Service to access the accounts of others without permission; (g)attempt to penetrate security measures of the this site, Service, or another entity, or obtain or bypass others’ passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
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