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LOVEFiLM Terms & Conditions

Amended 21st June 2008. Show changes

Please note that we have only shown the substantive changes made to the previous version, and not immaterial changes (such as where the order of the clauses have been rearranged, or clauses renumbered).
  • 1. TERMS AND CONDITIONS
    • 1.1 Acceptance of Terms and Conditions Welcome to www.lovefilm.com (this "Website"). This Website is owned and operated by LOVEFiLM International Ltd, trading as LOVEFiLM. References to "we", "us" or "our" are references to LOVEFiLM. We are a company registered in England and Wales (company number 4392195), and our address for correspondence is: FREEPOST RRCA-EHAC-ZZKX LOVEFiLM International Ltd, London W3 6RU, United Kingdom (email: support@lovefilm.com). See clause 18 (LOVEFiLM's Contact Details) below for the address of our registered office.
      These terms and conditions ("Terms and Conditions") are deemed to incorporate our Privacy Policy, which you should read together with these Terms and Conditions.
      Your use of this Website and your use and/or purchase of LOVEFiLM's products and services is at all times subject to these Terms and Conditions as applicable to your use of the website (which forms a legally binding contract between you and us) and all applicable laws. These Terms and Conditions do not apply to the purchase of products from the LOVEFiLM Shop. Those terms and conditions can be found at http://shop.lovefilm.com. By accessing this Website or using and/or purchasing LOVEFiLM's products or services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must exit our website immediately do not use this Website and do not use and/or purchase LOVEFiLM's products or services.
    • 1.2 Changes to Terms and Conditions
      We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website and your use and/or purchase of our products or services will be the version that is current and displayed on this Website as at each date you access this Website or use and/or purchase our products or services (as applicable). Your use of this Website or your use and/or purchase of LOVEFiLM's products or services after changes are made means that you agree to be bound by such changes.
  • Membership and Billing
    You can find the specific details regarding your subscription with LOVEFiLM including your next billing date, at any time by clicking on the relevant section of the website.
  • 2. JOINING US - MINIMUM CRITERIA
    • 2.1 To join become a Member of LOVEFiLM or receive to purchase any of our products or services, as a minimum:
      i you must be at least 18 years of age. Persons under the age of 18 are not permitted to join LOVEFiLM;
      ii you must live in the United Kingdom (including Northern Ireland); and
      iii you agree to must provide us with personal details (including your name, email address, postal address and valid payment details), that are true and current, and you agree to must update us (through the "My account" section of this Website) if at any time your personal details change by updating the relevant sections of the website. Please ensure this is done before you move house, as you will be liable for any DVDs posted to the wrong address.
      iv If you change address, you must update your address details in the relevant section of the website to ensure that no DVDs are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any DVDs posted to the wrong address.
    • 2.2 We may refuse any application to join become a LOVEFiLM Member or receive to use or purchase any of our products or services for any reason whatsoever. Please note that by supplying your telephone number on joining us you grant us permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.
  • 3. MEMBERSHIP OF AND SUBSCRIPTION TO LOVEFILM
    • 3.1 Provided that you meet the Minimum Criteria (see clause 2 (Joining Us - Minimum Criteria) above), you may register as a LOVEFiLM registered user of this Website member free of charge (a "Member"). To become a Member you need to go to the relevant section of this Website, then submit your email address to LOVEFiLM and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
    • 3.2 Some of the content provided on this Website may not be suitable for anyone under 18 years of age. Access to such content is disabled by default and not accessible to non-registered usersMembers. We allow Members to configure filtered access to such content, but also advise parents or guardians to supervise their children's use of this Website.
    • 3.3 As a LOVEFiLM Website mMember you will receive access to thiscertain sections, features and functions of the LOVEFiLMthis Website that are not available to non-members,.
    • 3.4 After you have become a Member of LOVEFiLM, you may also subscribe to use and/or purchase LOVEFiLM's products and servicesalthough you will not be entitled to obtain chargeable LOVEFiLM services unless you agree to the applicable . Please note that there are additional Tterms and Cconditions prior to registering for that apply to your use and/or purchase of such products and services.
    • 3.5( LOVEFiLM's products and services include:
      i the Rental Service (the additional terms and conditions for this service are set out in clauses 5, 7, 8, 9 and 10),;
      ii the Pay As You Go Service (the additional terms and conditions for this service are set out in clauses 6, 7, 8, 9 and 10),;
      iii the Download to Rent Service (the additional terms and conditions for this service are set out in clause 12); and
      iv the Download-To-Own Service (the additional terms and conditions for this service are set out in clause 13).
    • 3.6 Any terms and conditions, additional usage rules or similar on this Website relating to any product or service that you use and/or purchase from us are deemed to be incorporated into these Terms and Conditions.
    • 3.7 We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of our products and services. We will notify subscribers by email at least 30 days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription online through the "My account" section of this Website.
  • 4. FREE TRIAL
    • 4.1 Free trials are only available to new subscribers to the LOVEFiLM Rental Service (and not the Pay As You Go Service, the Download to Rent Service, the Download to Own Service or any other product or service). Previous subscribers or triallists (of LOVEFiLM or any other service provided by the LOVEFiLM group of companies and any websites powered by Screenselect, Video Island or LOVEFiLM) do not qualify for a free trial.
    • 4.2 The free trial is available only once to any one person and to only one member of a household. Subsequent free trials by the same person at any address, or by another person at the same address, are not permitted.
    • 4.3 You must have internet access and valid payment details to redeem a free trial offer.
    • 4.4 Upon registering for your free trial, your method of payment will be authorised for up to three months of service - to verify your identity, and to protect us from theft and fraud. Some banks or payment card companies may reflect this authorisation against your available balance or credit limit. No actual charges, however, will be made against the card if you cancel and return all discs to us prior to the end of your free trial.
    • 4.5 Your free trial period will commence on the date registration is completed and the account is successfully created.
    • 4.6 We will begin billing you at the end of your free trial, and thereafter on prescribed intervals, monthly unless otherwise indicated, for the LOVEFiLM Rental Service, unless you cancel prior to the end of your free trial. We will continue to bill you by your chosen payment method for the LOVEFiLM Rental Service until you complete the cancellation process.
    • 4.7 You must cancel your account (through the "My account" section of this Website) and return all discs to us before the end of your free trial to avoid charges. For instructions on how to do this, see clause 9 (Cancellation by you and Termination by us) below.
    • 4.8 Please note, that any change to your subscription package or your delivery address details (including your postcode) during any free trial period, will result in the termination of the free trial and the start of your regular billing as described in this clause 4 (Free Trial).
  • 5. RENTAL SERVICE
    • 5.1 Payment
      As a subscriber to LOVEFiLM, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of LOVEFiLM. The subscription charges for the LOVEFiLM Rental Service will be charged on the day immediately after your free trial ends (if applicable) or on the first day you subscribe to the LOVEFiLM Rental Service if you are not eligible for a free trial. This charge will continue on each renewal date thereafter unless and until you cancel, and regardless of how much you use the service. We will automatically charge you, using your specified payment method, each period (monthly unless otherwise specified) on or after the calendar day corresponding to the commencement of your membershipsubscription. All fees and charges are non-refundable. If you wish to use a different payment method, or if there is a change in your card validity or expiry date, you may edit payment details through the "My account" section of this Website. We do not provide refunds for cancellations part-way through the billing period.
      Please note that should your account fall into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a £5 handling charge for all such cases.
      You agree not to hold us responsible for banking charges incurred due to payments on your account.
    • 5.2 Changing your Rental Service Level
      You may upgrade or downgrade your LOVEFiLM subscriptionRental Service level as often as you like, through the "My account" section of this Website. Any upgrade or downgrade is measured by the different monthly costs of the Rental Services you are changing from and to, not by the features of those different services. Because our Pay As You Go Service is not a subscription service, if you are changing from or to that service, we calculate the value of that service based on the number of credits you have or wish to purchase. That value will be displayed on the relevant section of this Website before you choose to upgrade/downgrade. Any reduction in your bill resulting from a downgrade will take effect at the next billing period after any outstanding discs have been returned toreceived by us. Any increase in your bill resulting from an upgrade will take effect immediately, being pro-rated to the remainder of your billing period, and the increase will be charged immediately (without changing any subsequent billing dates). Additional charges, resulting from an upgrade, are non-refundable.
    • 5.3 Rental Service Disc Restrictions
      All of our Rental Service packages allow you to have a maximum number of discs out on rent at any one time. Once you have received that maximum number of discs, you will not receive any further discs until we have processed discs that you have returned.
      In addition, some of our Rental Service packages only allow you to rent a certain number of discs in any one month (known as capped packages). Once you have received that maximum number of discs in a given month, we will not send you any further discs until after we charge your next monthly subscription fee to your credit/debit card, although you may be able to purchase extra rentals (see clause 5.4 below). You may not carry over any unused portion of your disc entitlement for a given month to the next month.
    • 5.4 Extra Rentals
      From time to time, if you have a capped package (i.e., a package that only allows you to rent a certain number of discs in any one month), we may give you the option to purchase extra rentals to use in those months when you have received the maximum number of discs your package allows. This option will not be available if you are on a free trial. If this option is available to you, you will be able to access it in the "My account" section of this Website. If you have purchased extra rentals, we will automatically send the next available disc(s) from your rental list (up to your at-home maximum) and adjust your extra disc rentals balance accordingly. The cost of each extra rental will be clearly displayed on the relevant page of this Website before purchase and will be added to your account and billed on your next billing date. Each extra rental will expire 3 years from the date of purchase. Extra rentals cannot be cancelled after purchase and will not be refunded if your subscription ends for any reason.
    • 5.5 Account Holiday
      We may from time to time offer you the ability to take an account holiday for a limited period. If and when this feature is available, you will be able to find out more through the "My account" section of this Website.
    • Suspending your Membership
      We will permit you to put your account on hold, free of charge, for up to 2 weeks. You can also suspend your account from 3 weeks to 6 months for a small maintenance charge of £1.00 per week (charged monthly). Detailed instructions on how to hold or suspend your membership can be found in our "Help" section on the website.
  • 6. PAY AS YOU GO SERVICE
    • 6.1 Introduction
      We may from time to time offer a Pay As You Go Service, which allows you to purchase credits which can be redeemed for DVD rentals, subject to these Terms and Conditions. Unless this Website states otherwise when you purchase the credits, each credit can be redeemed for one rental. This section of the Terms and Conditions contains terms and conditions specific to the Pay As You Go Service. However, apart from clause 7 (which relates to subscription services) and clauses 10.1 and 10.2 (which relate to cancellation of subscription services), all other parts of these Terms and Conditions relating to the rental of DVDs also apply to the Pay As You Go Service.
    • 6.2 Billing
      As a Pay As You Go customer, you agree that we are permitted to charge you for each batch of credits added to your account and any other charges that you may incur in connection with your use of Pay As You Go Service. The fee will be billed up front and each batch of credits must be used within 6 months (for example if you purchase credits on September 3rd 2007 they will expire on March 3rd 2008) of purchase (see clause 6.3 (Expiry of credits) below).
      All fees and charges are non-refundable, with the exception of the money back guarantee (see clause 6.7 (Pay As You Go Money Back Guarantee) below). 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 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 through the "My account" section of this Website. Please note that if you continue to hold any DVDs when all your credits have expired (6 months from purchase) you will be charged for a new batch of credits. If we are unable to charge your credit/debit card and your account falls into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a £5 administration fee for all such cases.
    • 6.3 Expiry of credits
      Each batch of credits must be used within 6 months of purchase. If you have not used all your credits within 6 months you must purchase a new batch of credits before we can send you any further DVDs. The expiry date of each batch of credits you purchase will not change. If you have more than one batch of credits in your account, those nearest to expiry will automatically be used first. If you have the auto-top-up package and have not used up all your credits within 6 months, your old credits will be deleted and your account will be topped up automatically with a new batch of credits. If you still have credits in your account when you cancel they will remain valid for 6 months from the date they were first purchased and may be used if you reactivate your account before this period has expired. You can find out how many credits you have left at any time through the "My account" section of this Website.
    • 6.4 Automatic renewals (if you have chosen an auto-top-up package)
      If you have chosen an auto-top-up package, your Pay As You Go account will be automatically topped up with a new batch of credits equal to the batch you last purchased when you have run out or when your credits expire, whichever is sooner (see clause 6.3 (Expiry of credits)). This will automatically occur when we dispatch the first DVD from your new batch of credits.
      We will charge the 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 service will automatically renew for successive top-ups, without prior notice to you, unless and until you cancel your service, you change to a non-auto-top-up package, or we terminate it. You must cancel your service before it renews in order to avoid billing of top-up credits.
    • 6.5 Account Changes and Purchasing Additional Credits
      You may request more credits whenever you like through the "My account" section of this Website. If you purchase a new batch of credits before you have used all the credits in your account, the new batch will be added to your account once your card has been verified for the additional credits and you will be charged at this point. The new batch of credits will be added to your current credits and will expire within 6 months of its purchase date (see clause 6.3 (Expiry of credits)).
      If you change to a higher package, the changes to your account will take place once your card has been verified for the additional credits and you will be charged at this point and a new batch of credits added to your account at the upgraded package price. The extra DVD(s) will be dispatched to you as soon as possible. The new batch of credits will be added to your current credits and will expire within 6 months of its purchase date. If you change to a lower package, the change to your account will take place once you have the same number of discs out as specified in the downgraded package. The number of credits in your account will not change and no refund will be given. The expiry date of your credits will not change.
    • 6.6 Cancellation
      This clause applies to the cancellation of Pay As You Go packages instead of clauses 9.1 and 9.2 of these Terms and Conditions. You may cancel your membership of the Pay As You Go Service at any time. Cancellation requests may only be submitted through the "My account" section of this Website (follow the instructions under the heading "Cancel My Account"). This activity will be tracked on your account history. Immediately on cancellation, no further DVDs will be dispatched to you, unless they were processed by our warehouse a few minutes prior to your cancellation request. We are unable to accept or guarantee initial cancellation requests via email. If you still have credits in your account when you cancel they will remain valid for 6 months from the date they were first purchased and may be used if you reactivate your account before this period has expired.
      We do not provide refunds or credits for any partially used batches of credits, with the exception of the money back guarantee (see clause 6.7 (Pay As You Go Money Back Guarantee) below). Upon cancellation, you will be given seven (7) days to return any outstanding DVDs. Failure to return such DVDs within these 7 days will result in one credit being deducted from your account for every 5 days for every disc that remains outstanding. If you do not have any credits in your account and have the auto-top-up package, your account will be automatically topped up and one credit will be deducted from your account for every 5 days for every disc that remains outstanding up to a maximum of 10 credits. If you have not selected the auto-top-up your credit card will be billed £1 per DVD per day late (including weekends and public holidays), up to a maximum of £20 per DVD. To avoid problems, we advise obtaining a certificate of posting when you return our DVDs to us.
    • 6.7 Pay As You Go Money Back Guarantee
      We guarantee that you will be satisfied with the service - if you are not fully satisfied and cancel your account within the money back guarantee period specified on the promotional material (to be no less than 7 days), we will refund your first payment. This money back guarantee is only available to new Pay As You Go customers. Only one money back guarantee may be redeemed per household and may not be combined with any other offer. You must have internet access and a valid debit/credit card to redeem the money back guarantee.
      Upon registering for the service, your debit/credit card will be charged immediately. If you are not satisfied with the service, you must cancel your account online through the "My account" section of this Website and email moneyback@lovefilm.com within the time period specified on the promotional material (to be no less than 7 days), ensuring that you return the DVDs for a full refund. To avoid problems, we advise obtaining a certificate of posting when you return our DVDs to us. Refunds are applied upon receipt of the DVDs. The Service may be cancelled at any time, however, no refund or credits will be given after the money back guarantee period. If you have chosen the auto-top-up feature we will bill you by your chosen payment method for a new batch of credits when we dispatch the first DVD until you cancel. For instructions on how to cancel, see clause 9 (Cancellation by you and Termination by us) below.
  • 7. DELIVERY AND RETURN OF DISCS; LOST DISCS
    • 7.1 Discs can only be delivered to addresses within the United Kingdom (including Northern Ireland and BFPO addresses); this excludes PO Box addresses.
    • 7.2 We currently use Royal Mail, prepaid postage, to deliver and return the discs you have selected to view. 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 Royal Mail.
      We reserve the right to use alternative delivery methods without prior notification.
    • 7.3 Although we allow you to prioritise the order in which you would like to view discs, we cannot guarantee that such requests are met. We will endeavour to ship your next rental(s) within one business day of receiving your previous rental(s) back into our Distribution Centre.
    • 7.4 You will not hold us responsible for any delays, outside our control, which relate to the mailing or delivery of discs.
    • 7.5 You must wait a minimum of four working days before reporting a disc as not received or lost on the way back to us. It is your responsibility to then report all lost discs online. We are unable to offer a refund for any discs which are paid for by you and then found at a later date. You must comply with either Royal Mail's claim compensation process or our process. Failure to comply with these processes, as amended from time to time, will result in a charge being made for the lost disc. The current charges are £10 per lost DVD, £17.50 per lost Blu-ray or HD DVD disc and £25 per lost game.
    • 7.6 We reserve the right to cancel your membershipsubscription if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
    • 7.7 We cannot be held responsible for items belonging to you or those belonging to a third party, which are sent to us in error. Where possible, we will try to return these items, but are unable to compensate you for the loss of such items and we shall have no liability therefore.
    • 7.8 You accept full responsibility for discs which are stolen whilst in your possession, and you will have to pay the full replacement costs.
  • 8. USE AND CARE FOR DISCS
    • 8.1 You agree that you will not infringe any rights, including intellectual property rights, of any person, including, without limitation, copying, reproducing, screening, republishing or otherwise modifying any material provided as part of the any Rental Sservice, including the discs. You must use the discs you rent strictly for personal, private use and not for any direct or indirect commercial purpose. You must comply with the terms of any copyright notice displayed on any disc or in its contents. You may not sell, lease, lend, license, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any LOVEFiLM discs in any way at any time.
    • 8.2 You agree that you will be responsible for any viewing of any disc supplied by us to you and that any minor's viewing of any discs will be restricted by you consistent with any applicable film classification applied to that disc by the British Board of Film Classification.
    • 8.3 You agree to treat the discs and their associated packaging with the utmost care at all times. You agree that we may charge your payment method if it is returned in an unreasonable condition (reasonable wear and tear accepted). In this event, we will give you advance notice before charging you. The current charges are £2010 per damaged DVD, £17.50 per damaged Blu-ray or HD DVD disc and £5025 per damaged game.
  • 9. CANCELLATION BY YOU AND TERMINATION BY US
    • 9.1 As noted above, you may cancel your subscription to LOVEFiLM's service at any time. Cancellation requests must be completed online via through the "My account" section of this wWebsite (follow the instructions under the heading "Cancel My Account"). To cancel, customers must notify us online via the website by clicking on the relevant section and following the instructions under the heading "Cancel my subscription". This activity is tracked on the customer's account history. Immediately upon requesting cancellation, no further discs will be dispatched to you, unless they were processed by our warehouse a few minutes prior to your cancellation request. We are unable to accept or guarantee cancellation requests via email or by letter (either posted, or included with returns).
    • 9.2 Please note that it is the customer's responsibility to ensure that all discs are returned, and all discs must be returned to us before the cancellation will be confirmed. All references to "return" or "returned" in these Terms and Conditions mean that we must have received the discs in question. All discs must be returned before the next billing date following cancellation to avoid any further charges. Once all discs have been returned, the cancellation will take effect immediately and a confirmation email will be sent to you. We reserve the right to charge a replacement cost of up to £2010 for any non-returned DVDs, £17.50 for any non-returned Blu-ray or HD DVD discs and £5025 for any non-returned games media. To avoid problems, we advise obtaining a certificate of posting free of charge from your local Post Office when you return our discs to us. Please note we do not provide refunds or credits for any partial subscription periods.
    • 9.3 If you have just signed up to LOVEFiLM and have changed your mind about subscribing, you may in certain circumstances have a legal right to cancel your membership before the service starts and receive a full refund of your first month's subscription fee. Ordinarily you may cancel the subscription within seven working days of the day after the date on which you subscribe if we have not already commenced providing services to you. However, by subscribing you agree that we may dispatch your first disc within that seven working day period and you acknowledge that by agreeing to this, this cancellation option is not available to you if we have already assigned your first disc for dispatch. If you are eligible to cancel in this manner, you may do so in accordance with the cancellation instructions in this clause 9 (Cancellation by you and Termination by us). In order to arrange a refund of your first month's subscription fee, you will then also need to contact us to advise us that you have cancelled in accordance with your statutory rights and to request a refund of your first month's subscription fee. Once you have completed these steps, we will cancel your subscription and process your refund.
    • 9.4 We reserve the right to terminate or restrict your use of our service, 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 and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice. In this event we would give you seven days to return our discs and failure to return these discs would incur charges, as described under clause 9.2 above. If we terminate your use of our service for any other reason or no given reason, then we would give you 30 days notice of termination and would expect you to return our discs within the 30 day notice period. In this event failure to return the discs within the notice period would incur charges, as described under clause 9.2 above.
  • 10. RENTAL DISCS REMAIN LOVEFILM PROPERTY
    • All discs remain our property at all times.
  • 11. GIFT SUBSCRIPTIONS
    • 11.1 From time to time, we may offer gift subscriptions for purchase on this Website. Gift subscriptions can only be used for the rental package specified. The rental package will state whether games are included and whether the rentals are capped (i.e., the recipient can only receive a certain number of rentals per month) or unlimited. If the rentals are unlimited, then the package will state how many DVDs or games the recipient may have out at any one time.
    • 11.2 Gift subscriptions cannot be used in conjunction with any other discount, offer or promotion. Gift subscriptions are not redeemable for cash, and are neither refundable nor transferable. Gift subscriptions are subject to these Terms and Conditions.
    • 11.3 The recipient can redeem the subscription by entering the gift subscription code during the new account signup process. The validity period of the gift will vary depending on what gift is selected.
    • 11.4 Recipients of gift subscriptions must be at least 18 years old, residents of the United Kingdom and will require a valid address and debit/credit card to verify their age.
    • 11.5 Membership charges will not be taken from the recipient's payment card during the gift subscription period provided the recipient does not upgrade their tariff. . If the recipient continues their membership beyond the gift subscription period they will be charged at the prevailing pricing at the time. The membership can be cancelled at any time by visiting the relevant section of the website, once logged in. At the end of the validity period of the gift, the recipient will automatically become a member of our DVD or Game Rental Services unless they cancel their membership and return all discs prior to the relevant expiry date of your the gift subscription. The subscription level will be the same as the gift subscription tariff level unless the recipient specifies otherwise and provides at least 5 days written notice prior to the relevant expiry date of the gift. Subsequent subscriptionmembership of the DVD Rental Service will be subject to these Standard LOVEFiLM Rental Service Terms and Conditions.
    • 11.6 Gift subscriptions can be cancelled at any time but no refunds or credits will be given for any unused portion of a gift subscription.
    • 11.7 If the recipient is already a LOVEFiLM subscriber and their existing subscription package has a lower value than their gift subscription, then they will be given the choice of either upgrading to the gift subscription package for the duration of the gift subscription or applying the value of the gift subscription to their existing subscription package. If their existing subscription package has a higher value than their gift subscription, then we will apply the value of their gift subscription to their existing subscription package. We will treat any unlimited package as having a higher value than any capped package. If the gift subscription voucher shows a value on the front, then that is the value of the gift subscription. If it does not, then the value is as shown on the LOVEFiLM site.
  • 12. DOWNLOAD TO RENT SERVICE
    • 12.1 From time to time, certain areas of this Website offer pay-per-download websitedownload to rent content ("PPDDTR Content"), which you are entitled to may download and view for a limited period provided that you agree to the applicable , subject to these Terms and Conditions (and any other terms and conditions or usage rules displayed when you purchase),PPD and payment by you of the applicable DTR Content fee.
    • 12.2 The authorised period available to watch the DTR Content is displayed before download. The authorised period may be set either by reference to when the DTR Content is downloaded, first played, or a combination of the two. We reserve the right to change the time period with respect to all DTR Content, but will not change the time period with respect to DTR Content that you have already paid for. Unless otherwise specified on the Website, you can watch the DTR Content whenever you want, as many times as you want, during the authorised time period. After that time, if you want to watch the DTR Content, you will have to download the DTR Content again and pay the then applicable price.
    • 12.23 Please note that your ability to download and/or view PPD DTR Content will depend upon having sufficient technical equipment, including connectivity and bandwidth available to you to properly download and view PPD DTR Content. Prior to purchasing PPD DTR Content, you must ensure that you have all necessary equipment, connectivity and systems to download and view the PPD DTR Content properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to download and view PPD DTR Content. Minimum system requirements are specified in the download section of this Website.
    • 12.4 You understand that the DTR Content includes a security framework using technology that protects digital information and limits your usage of the DTR Content to certain usage rules established by us or our licensors (whether in these Terms and Conditions and/or on the relevant pages of this Website). You undertake that you will use the DTR Content for personal, private use only (and not for any direct or indirect commercial purpose) and that you will not copy, rent, sell or grant any third party rights in any DTR Content. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any security or rights management technology or software that is part of the DTR Content or used to administer the usage rules, or interfere with, remove or alter any rights management information on the DTR Content.
  • 13. DOWNLOAD TO OWN SERVICE
    • 13.1 From time to time, certain areas of this Website offer download-to-own website content ("DTO Content"), which you are entitled to may download and view for an unlimited period on specific devices devices provided that you agree to the applicable, subject to these Terms and Conditions (and any other terms and conditions or usage rules displayed when you purchase), DTO Contract Terms and Conditions prior to purchase and payment of the applicable DTO Content fee.You may not re-sell, re-distribute, sublicense or otherwise transfer any right or licence in the DTO Content, or use the DTO Content in any manner other than as set forth above or as otherwise stated on.Any additional usage rules set forth on this Website shall become part of, and are incorporated into, these Terms and Conditions.
    • 13.2 Please note that your ability to download and/or view DTO Content will depend upon having sufficient technical equipment, including connectivity and bandwidth available to you to properly download and view DTO Content. Prior to purchasing DTO Content, you must ensure that you have all necessary equipment, connectivity and systems to download and view the DTO Content properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to download and view DTO Content. Minimum system requirements are specified in the download section of this Website.
    • 13.3 Your purchase of DTO Content will entitle you to download from us any appropriate content files (displayed at point of purchase) at any time after purchase of the DTO Content licence.
    • 13.4 You will be entitled to retain one file relating to the DTO Content on the hard drive of your personal computer (or other device specifically authorised by LOVEFiLM) to which the DTO Content is initially delivered via a connection to the Services over the Internet. This file is not transferable to, or usable on, any other device.
    • 13.5 You will be entitled to retain one file relating to the DTO Content that is transferable to one other device, being a portable device that is compatible with the appropriate format which will be clearly displayed at point of purchase. You will need to synchronise your chosen device with your personal computer in order to transfer the relevant file. Once you have transferred the relevant file to a portable device, you will not be entitled to transfer the file to any other device either from your personal computer or from your portable device. In order to use portable devices, your portable media player must be Microsoft Plays4sure compatible.
    • 13.6 In order to enable viewing of your DTO Content on personal computers other than the one to which it was initially delivered, you will have to obtain a new licence by connecting each such computer to the Services via an Internet connection, logging in to your Account, and purchasing and downloading a new licence.
    • 13.7 We may determine from time-to-time in our sole discretion those devices that are compatible to receive a licence to view DTO Content as indicated on this Website at the time of downloading and installing the new licence. Any rights granted to you hereunder (or on this Website at the time of purchase) to make and keep any copies of DTO Content is solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content contained within any DTO Content.
    • 13.8 You are solely responsible for retaining a permanent copy of the DTO Content. If the Content that you purchase does not download and play correctly, please contact Customer Service and we will endeavour to resolve the problem. Once you have successfully downloaded a copy of DTO Content, we will not replace the DTO Content if you are unable to play it or if you lose the DTO Content including if the file becomes damaged or corrupt, is accidentally deleted, your computer crashes, is lost or destroyed, your hard drive fails or the DTO Content does not play for any other reason.
    • 13.9 You understand that the DTO Content includes a security framework using technology that protects digital information and limits your usage of the DTO Content to certain usage rules established by us or our licensors (whether in these Terms and Conditions and/or on the relevant pages of this Website). You undertake that you will use the DTO Content for personal, private use only (and not for any direct or indirect commercial purpose) and that you will not copy, rent, sell or grant any third party rights in any DTO Content. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any security or rights management technology or software that is part of the DTO Content or used to administer the usage rules, or interfere with, remove or alter any rights management information on the DTO Content. In addition to the downloaded DTO Content, purchase of DTO Content may entitles you to receive a physical DVD copy of the same material, which will be sent to your postal address. The physical DVD that you will receive will not be the standard retail version. It may not include retail-version DVD packaging or studios' "bonus" material.
  • 14. PROHIBITED USE OF THIS WEBSITE
    • 14.1 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, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this Website. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to this Website.
    • 14.2 You agree not to impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose. In order to provide you with an easy-to-use service, LOVEFiLM will place a 'cookie' (a small text file) on any computer you use to access the LOVEFiLM website. When you revisit the LOVEFiLM website, this cookie will enable us to recognise 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
  • 15. MATERIAL ON THIS WEBSITE
    • 15.1 Copyright
      All materials (including software and content whether downloaded or not) contained on this Website are owned by LOVEFiLM (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of content that you may purchase from this Website to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, without our prior written permission.
      You acknowledge and agree that certain content on this Website and on discs provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you.
    • 15.2 Trade marks
      LOVEFiLM, the LOVEFiLM logo and all other LOVEFiLM product or service marks are trade marks of LOVEFiLM International Ltd. All other trade marks, logos, images, product and company names displayed or referred to on this Website are the property of their respective owners. Nothing on this Website grants you any licence or right to use, alter or remove such material.
  • 16. USER MATERIAL
    • 16.1 This Website lets you submit material to us: for example, you can review DVDs or games, create and share user collections or create your own quizzes. You may be able to upload video, images or sounds. In these Terms and Conditions, we use the term "User Material" to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a Member or when you subsequently change that information.
    • 16.2 This clause 16 (User Material) of these Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these Terms and Conditions, then you should not do so.
    • 16.3 We do not systematically review User Material submitted by users of this Website. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
    • 16.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this Website, particularly where User Material breaches this clause 16 (User Material) of these Terms and Conditions and we may do this with or without giving you any prior notice.
    • 16.5 We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to LOVEFiLM an irrevocable, perpetual, non-exclusive, royalty-free, sublicensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media (including this Website and those websites which we operate by way of a "white-label" or "co-branded" service for third parties). The license you grant us will terminate when your User Material is removed from our website
    • 16.6 We may link User Material or parts of User Material to other material, including material submitted by other users of this Website or created by LOVEFiLM and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on this Website or to promote, market or advertise LOVEFiLM. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
    • 16.7 Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate; (c) your User Material does not advertise any product or service or solicit any business; (d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and (e) in submitting your User Material you are not impersonating any other person.
  • 17. GENERAL TERMS AND CONDITIONS
    • 17.1 Privacy
      We collect personal information about you through and in connection with your use of this wWebsite and your use and/or purchase of our products and services. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms and Conditions, and which may be accessed from our home page or by clicking here is deemed to be incorporated into these Terms and Conditions.
    • 17.2 Promotion Codes
      Any promotion code or offer provided on this Website cannot be used in conjunction with any other promotion code or offer, past or present.
    • 17.3 Indemnity by you
      You agree to indemnify and hold the LOVEFiLM, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, including clause 16 (User Material) or any violation by you of any applicable laws or the rights of any third party.
    • 17.4 Disclaimer of Warranties and Limitations on Liability
      • 17.4.1 Nothing in this clause 17.4 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit LOVEFiLM's liability for:
        i fraud; or
        ii death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977); or
        iii liability to the extent the same may not be excluded or limited as a matter of law.
      • 17.4.2 This Website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of this Website or its content. We assume no liability or responsibility for any errors or omissions in the content of this Website, any failures, delays, or interruptions in the shipment of discs, delivery or downloading of any content contained on this Website, any costs, losses, expenses or damages arising from the use of the content provided on this Website or any conduct by users of this Website. We reserve the right to deliver discs or enable downloading of Content at our sole discretion. Subject to clause 17.3.1, 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.
      • 17.4.3 Subject to clause 17.3.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party 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 such 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 clause 17.3.3 to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
      • 17.4.4 Subject to clauses 17.3.1, 17.3.2 and 17.3.3 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of this Website, or any website content or your use of our products and services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of LOVEFiLM's products and Sservices in the month preceding any such claim.
    • 17.5 Applicable Law
      This website is controlled by LOVEFiLM International Ltd. Your use of this Website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from or in connection with your use of this wWebsite and the or your use and/or purchase of our products or services we provide are subject to the non-exclusive jurisdiction of the English courts.
    • 17.6 Assignment/Transfer By Us
      You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms and Conditions to any third party. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other third party.
    • 17.7 Assignment/Transfer by You
      LOVEFiLM mMemberships, subscriptions and your other rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.
    • 17.8 No Waiver
      If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
    • 17.9 Force Majeure
      We will not be liable to you for any lack of performance, or the unavailability or failure, of this Website or any of our products or services, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
    • 17.10 Third Party Rights
      Subject to clauses 15.1 and 16.4 17.4, and excluding the provisions of clause 3.1.2 which confers a benefitsup on Tthird Ppartiesy Licensor's as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
      In accordance with clause 1.2, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party.
    • 17.11 Entire Agreement
      These Terms and Conditions (including the Privacy Policy and any other terms and conditions or usage rules incorporated into these Terms and Conditions) constitute the whole agreement between you and us relating to their subject matter and supersede any prior agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter. Neither party has any liability to the other for a representation or statement not set out in these Terms and Conditions.
    • 17.12 Interpretation
      17.12 Interpretation In these Terms and Conditions, unless the context requires otherwise: i any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
    • 18. LOVEFiLM's Contact Details
      All correspondence to LOVEFiLM, including any queries you may have regarding your use of the Website, your use and/or purchase of LOVEFiLM's products and services or these Terms and Conditions, should be sent to the address set out in clause 1.
      LOVEFiLM's registered office is located at No. 9, 6 Portal Way, London W3 6RU, United Kingdom and its VAT number is 882 5966 68.