These Terms of Use govern your use of the MovieCrazy service and Web site. If you do not agree to these Terms of Use, you should not use the MovieCrazy service or Web site.
These Terms of Use are an ongoing contract between you and MovieCrazy and apply to your use of the MovieCrazy service and Web site.
Changes to Terms of Use
MovieCrazy, Inc., reserves the right, from time to time to change these Terms of Use in our sole and absolute discretion, without notice. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the MovieCrazy Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the MovieCrazy Web site or continued use of our service after changes are made means that you agree to be bound by such changes.
Privacy
Any information submitted on the MovieCrazy Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our privacy policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
How Our Service Works
MovieCrazy is an online subscription movie rental service providing its members with access to a comprehensive library of motion picture, television and other filmed entertainment. Our most popular subscription plan allows subscribers to have three titles out at the same time, with no due dates, late fees or shipping charges. We offer a number of other subscription plans at varying price levels, including special promotional plans or subscriptions with limitations on the number of movies rentable during a month. Under all plans, subscribers select titles at our Web site, receive them on DVD by U.S. mail and return them using prepaid mailers. After a title is returned, we mail the next available title.
Below is a description concerning the operation of our service. 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.
A majority of our subscribers rent between 2-11 movies per month. The number of DVDs that you rent will vary based on a number of factors. We provide a number of different subscription plans to accommodate a variety of movie watching preferences. Click on the "Your account" link, located at the top of the pages of the MovieCrazy Web site and see "subscription plans " for details on the various plans we offer. You may modify your plan in the Membership section of "Your account" if your current plan is not satisfying your movie watching needs.
We utilize a nationwide network of local independent video stores to send and receive DVDs you have selected to rent through the U.S. Postal Service. We have located these stores in such a manner as to provide fast and efficient delivery to our subscribers. Based on performance data from the U.S. Postal Service and our own analysis, we have determined that the large majority of our subscribers are able to receive their movies in about one business day following our shipment of the requested movie. Please note that not all deliveries will be from your local independent video stores. The delivery times you encounter will vary based on a number of factors. We will send you an e-mail letting you know when we have received a returned movie, and we will also send you another e-mail letting you know when we have shipped your next DVD, including the anticipated day of delivery.
No Due Dates or Late Fees
Provided you continue to be a paying subscriber of our service, you may keep the DVDs delivered to you as long as you like. We do not impose any required return dates (other than upon cancellation of the service). Given that we have no required return dates, we do not charge any late fees. You will be required to return the movies within 7 days following any cancellation of the service or be subject to charge for unreturned DVDs. Also, you may be charged for movies that you lose. As an additional member benefit, we will replace the occasional lost DVD free of charge. However, in the rare event that the number of lost DVDs on your account becomes excessive, as we may determine in our sole and absolute discretion, we will notify you that your account has been placed on hold for review and may charge your Payment Method for the estimated cost of the lost DVD(s). We will alert you of any potential charges prior to charging your Payment Method.
Your Wish list
Movies that you select to rent will be placed into your own rental wish list. You may add movies or adjust the wish list at anytime. Click the "Wish list" tab to make adjustments, review requested movies or to see which movies you currently have out. We will determine which movies to send you based on the movies in your wish list and the priority in which you have listed them. We endeavor to ship to you the movies listed highest in your wish list; however when availability is limited, we may ship you movies lower on your wish list. At the time a movie is added to your rental wish list, we will let you know of its availability. A message indicating availability as "now"; "short wait"; "long wait" or "very long wait" will appear as you have selected a movie and it will also be stated in your wish list so you can monitor availability. The availability you experience may vary based on a number of factors. Adjustments made to your wish list may not immediately impact your next shipment. In certain instances you may have adjusted your wish list before you have received a shipment message when in fact a shipment was already processed. The adjustments will, however, impact subsequent shipments.
We reserve the right to process orders and otherwise allocate and ship DVDs among our subscribers in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of DVDs we purchase for any particular title, their location within our distribution network and the level of staffing and number of shipments to be processed at each participating video store. As a result of the operational practices described in this section, we may not always send you the top choices from your wish list, ship out your next DVD on the same day that we receive one from you, or process orders from your local participating video store.
At present, our goal is to ship you the DVDs listed highest in your wish list. We currently try to ship you DVDs from the participating video store closest to you so that you get movies quickly. Generally, on the same day that we receive a DVD from you, we will ship the next available DVD from your wish list. In certain instances, your next available DVD will not ship until at least one business day following our receipt of your returned movie. This can occur, for example, when your top choices are not available to you from your closest participating video store or the number of shipments to be processed by the participating video store on that day has been exceeded. When one or both of these conditions exist, your DVD will likely ship on the next business day and may come from an alternate participating video store.
In determining priority for shipping and inventory allocation, we may utilize many different factors, including without limitation, the number and type of DVDs you rent through our service, the subscription plan you select, as well as other uses of our service by you. For example, if all other factors are the same, we give priority to those members who receive the fewest DVDs through our service. The type, number, mix and weighting of the various factors impacting shipping and inventory allocation will change from time to time and will be made in our sole and absolute discretion. As a result of your viewing habits and our operational practices, the actual number of DVDs you rent in any month may vary, and you may experience differentiated service during the course of your membership. Also, such service may be different from the service we provide to other members on the same membership plan. The type of differentiated service you may experience includes, without limitation,
the shipment of your next available DVD occurring at least one business day following return of your previously viewed movie,
delivery taking longer, as the shipments may not be sent from your local participating video store and
the movies you receive coming from lower in your wish list more often than our other subscribers.
These effects will not occur unless we are faced with limited inventory at your local participating video store or when the number of shipments to be processed by that participating video store on that day is exceeded. In our unlimited plans, we do not establish a monthly limit on the number of DVDs you can rent.
Other factors that may affect delivery times, include, but are not limited to,
The distance between the participating video store from which your DVD was shipped and your delivery address,
The timing of your placement or adjustment of movies in your wish list,
Circumstances impacting delivery by the U.S. Postal Service, and
Any unplanned downtime of our computer systems.
We receive mail from the USPS and process returns Monday through Friday, except Holidays. Generally all of the returns are processed on the same day received. We will send an email to you soon after processing your return, and another email letting you know when we have shipped your next DVD, including the anticipated day of delivery. We make no guaranty as to the shipping and delivery of DVDs and may, in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes. We believe that our operational practices, including how we prioritize shipping and inventory allocation among our subscribers, provide a great value to all our subscribers.
Membership and Billing
You can find the specific details regarding your subscription with MovieCrazy at anytime by clicking on the "Your Account" link, located at the top of the pages of the MovieCrazy Web site.
Billing
By using the MovieCrazy service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the MovieCrazy service. Additional charges may include gift subscription purchases you make, 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 Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. Click on the "View Membership Terms" link on the "Your Account" page to see the commencement date for your next renewal period. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. Your Payment Method will be authorized for approximately one month of service during the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your two-week free trial period. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the MovieCrazy Web site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Automatic Renewals
Your MovieCrazy subscription will be automatically renewed on a monthly basis. We will bill the monthly subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). 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 each month in order to avoid billing of the next month's subscription fees to your Payment Method.
Cancellation
You may cancel your subscription to MovieCrazy at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OR UNWATCHED MOVIES. To cancel, click the word "Cancel" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership." Upon cancellation, you will be given seven (7) 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.
We reserve the right to terminate your account for any or no reason.
Account Access; Identity Protection
In order to provide you with ease of access to your account, MovieCrazy will place a cookie on any computer from which you access the MovieCrazy Web site. When you revisit the MovieCrazy web site, 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. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. You may choose to share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the MovieCrazy Web site.
If you find that you're a victim of identity theft and it involves a MovieCrazy account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. MovieCrazy reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. MovieCrazy is not obligated to credit or discount a membership for holds placed on the account by either a representative of MovieCrazy or by the automated processes of MovieCrazy.
Disclaimers of Warranties and Limitations on Liability
The MovieCrazy service and Web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the MovieCrazy Web site, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of the MovieCrazy Web site, any failures, delays, or interruptions in the shipment of DVDs, delivery of any content contained on the MovieCrazy Web site, any losses or damages arising from the use of the content provided on the MovieCrazy Web site, or any conduct by users of the MovieCrazy service or Web site. We reserve the right to ship DVDs in our sole and absolute 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 MovieCrazy, Inc., its 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 the MovieCrazy Web site, its 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.
Intellectual Property
Copyright
All content included on the MovieCrazy Web site and delivered to subscribers as part of the service, including DVDs, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of MovieCrazy, Inc., or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MovieCrazy, Inc., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from MovieCrazy, Inc., or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the MovieCrazy Web site, not to insert any code or product or manipulate the content of the MovieCrazy Web site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. MovieCrazy reserves the right to terminate your membership hereunder if MovieCrazy, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of DVDs rented to you by us or the copying or other unauthorized use of our proprietary content. MovieCrazy does not promote, foster or condone the copying of DVDs or any other infringing activity. The use of DVDs rented to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the MovieCrazy Web site.
MovieCrazy is a registered trademark of MovieCrazy, Inc. The MovieCrazy logo, MovieCrazy.com, Friends, Profiles, and CineMatch are trademarks or service marks of MovieCrazy, Inc. The MovieCrazy Web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of MovieCrazy, Inc. The trademarks, service marks and trade dress of MovieCrazy may not be used or reproduced without prior written approval from MovieCrazy, Inc. and may not be used in connection with any product or service that is not affiliated with MovieCrazy, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of MovieCrazy, or in any manner that disparages or discredits MovieCrazy. The Sonic Eagle and Mailbox logos are trademarks of the United States Postal Service and are used only with the permission of the United States Postal Service (USPS is not affiliated with, connected to, sponsored by, or a sponsor of, MovieCrazy.) Other trademarks that appear on the MovieCrazy Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MovieCrazy. Any images of persons or personalities contained on the MovieCrazy Web site are not an indication or endorsement of MovieCrazy or any particular product or our service unless otherwise indicated.
Entertainment and Web Site Content
We distribute movie, television, and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information on our Web site to you in any manner we choose in our sole and absolute discretion. In addition, the MovieCrazy Web site 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 MovieCrazy Web site are those of the respective authors or producers and not of MovieCrazy, Inc., or its shareholders, directors, officers, or employees. Under no circumstances shall MovieCrazy, Inc., or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the MovieCrazy Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the MovieCrazy Web site.
Use of Information Submitted
MovieCrazy, Inc., is free to use any information, concepts, reviews, or techniques or any other material contained in any communication you have with MovieCrazy ("Content"), including, without limitation, responses to questionnaires or through postings to the MovieCrazy Web site 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 MovieCrazy Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any of today's or future's media, software or technology.
Electronic Communications
By using the MovieCrazy service, you consent to receiving electronic communications from MovieCrazy. 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, such as featured films or other entertainment information or offerings. These communications are part of your relationship with MovieCrazy and you receive them as part of the MovieCrazy subscription. 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.
Limitations on Use
You must be 18 years of age or older to subscribe to the MovieCrazy service.
Member Reviews
We permit you to post reviews on the MovieCrazy Web site. By submitting a review, you agree to the terms hereunder and acknowledge that such postings and all information therein will be posted on our Web site. 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. However, the use of a pseudonym that will be publicly displayed with the review is permitted so long as it is individualized and not otherwise misleading. We do not regularly review the content posted on the MovieCrazy Web site; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movie's creative personnel; or a discussion of MovieCrazy policies or services. Please click on the "Member Reviews" link on any movie page for a link to the guidelines for writing and posting member reviews.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links
Some of the hyperlinks and banners on the MovieCrazy Web site may lead to other Web sites that are not controlled by, or affiliated with, MovieCrazy, Inc. In addition, other Web sites may link to the MovieCrazy Web site. MovieCrazy has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.
Gift Subscriptions
We offer for sale on the MovieCrazy Web site various Gift Subscriptions redeemable for the MovieCrazy service. We will automatically bill your Payment Method for any purchased Gift Subscriptions. Gift Subscriptions are subject to the terms and conditions set forth on the page.
Claims of Copyright Infringement
It is the policy of MovieCrazy to respect the intellectual property rights of others. MovieCrazy does not promote, foster or condone the copying of DVDs or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the MovieCrazy Web site, or know of someone who is making unauthorized use of the content of the MovieCrazy Web site, please notify us of your concern by submitting a written notice to us at the following address:
MovieCrazy, Inc.
2098 Amherst Street
Palo Alto, CA 94306
Attention: General Counsel
Your notice must be signed and contain the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material on the MovieCrazy Web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner o
Our support line is 650-813-1900 and the email address is copyright@moviecrazy.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address. For queries that are not related to copyright matters, please see other ways to contact us.
Disputes
You and MovieCrazy agree that the United States District Court for the Northern District of California and/or the California Superior Court for the County of Santa Clara shall have exclusive jurisdiction over any dispute between you and MovieCrazy relating in any way to the MovieCrazy service or Web site or these Terms of Use. You and MovieCrazy expressly and irrevocably consent to personal jurisdiction and venue in these courts.
