Movie Club 4 Families Terms and Conditions of Use of Service

Thank you for joining Movie Club 4 Families and we welcome you to our club!

These terms and conditions of use govern your use of and access to the Movie Club 4 Families service and website (the “Services”). By using, visiting, or browsing the Movie Club 4 Families Service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Movie Club 4 Families Service or website.

The following Movie Club 4 Families Terms and Conditions of Use (“Terms of Use”) are an ongoing legal contract between you (together with any legal entity you may represent, the “Member” or “you”) and Movie Club 4, LLC (“MC4”, “we” or “us”; and collectively, the “parties”) and apply to your use of the Movie Club 4 Families service and website. These Terms of Use affect your rights and you should read them carefully.

Acceptance of Terms of Use
The Services offered to you by MC4 are conditioned upon your acceptance, without modification, of these Terms of Use, the Movie Club 4 Privacy Policy, as well as any other guidelines, policies or rules that MC4 may establish and publish from time to time, all of which are hereby incorporated by reference. By clicking the “I accept the Movie Club 4, LLC Terms and Conditions” button upon your registration for the Services, and each time you access or use the Services, you explicitly accept the terms and conditions contained and referenced herein. Unless you agree to these Terms of Use, you may not purchase, use or access the Services.

You are required to complete the registration form on the “Sign Up” page in order to use the Services. You agree to provide true, accurate, complete and up-to-date information about yourself as requested in the registration form. You are responsible for maintaining the security of your Account, passwords and files.

MC4 reserves the right, from time to time, to change these Terms of Use in our sole and absolute discretion and reserves the right (either temporarily or permanently) to discontinue, revise, modify or update any or all other aspects of the Services in its sole and absolute discretion. Such changes may occur with or without notice to you. MC4 will not be liable to you or any third party for any such modification, suspension or discontinuation of the Services. Any such modifications will be deemed effective immediately upon posting of the modified terms, and your continued use of the Services following any such modification will be deemed your acceptance of the modified terms. You are responsible for regularly reviewing these Terms of Use and any new terms posted. The most current version of the Terms of Use will supersede all previous versions. 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 Movie Club 4 Families website.

If you do not agree to any of these Terms of Use, or any future changes made to these Terms of Use, your exclusive remedy is to cancel your subscription to the Services. Any new features or products that change or upgrade the current Services will be subject to these Terms of Use.

By accessing this site and signing up for the Services you represent that you reside in the United States of America and that you are of an age that you are capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18 or individuals outside of the United States. If you do not qualify, you are not permitted to subscribe to or use the Services.

How Movie Club 4 Families Works
Movie Club 4 Families is an online membership subscription service whereby members receive DVDs specifically selected by MC4 on a monthly basis. In general, MC4 will include 4 movies (2 short films and 2 feature length films) on each monthly DVD that is shipped to members. From time to time, MC4 may include more or fewer movies on any particular DVD for a particular month. MC4 sends the monthly DVD by U.S. mail to members, and members own and may keep all DVDs mailed to them by MC4. There are no late fees and members are not required to return any DVD mailed to them by MC4 (including, without limitation, any DVDs mailed as part of a “free trial”). Members may also participate in online discussion forums with other Members about the films or about other matters of interest to the members of MC4. 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.

Membership and Payment
Free Trial
We encourage the initial use of our Service through a free trial. Free trials for eligible new Members will expire on the 15th of the month after a new Members' free trial began.  All free trial periods will last at least 15 days. For example, if a free trail begins on any day from May 1st through May 31st then it will expire on June 15th, and if a free trial begins on any day from June 1st to June 30th, it will last until July 15th. Free trials are only available to first time Members of Movie Club 4 Families, and only one free trial may be redeemed per household. You must have Internet access and a valid credit card or debit card (“Payment Method”) to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for the amount of the applicable shipping and handling charges ($4.95). SHIPPING AND HANDLING CHARGES OF $4.95 WILL STILL BE INCURRED AND MUST BE PAID FOR ALL FREE TRIALS.

We will begin billing your Payment Method for monthly membership fees at the end of your free trial membership period unless you cancel prior to the end of your free trial. You have until the expiration of your free trail to cancel your membership by either calling us at 1-888-564-2582 (Toll Free) or emailing us at customercare@MovieClub4Families.com. You will not receive a notice from us that your free trial membership has ended or that your paying membership has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID MONTHLY MEMBERSHIP CHARGES FROM BEING CHARGED TO YOUR PAYMENT METHOD.

Ongoing Membership
At the end of your free trial period, you become a member of Movie Club 4 Families. You will be charged for your membership in Movie Club 4 Families on an ongoing monthly basis until you cancel your membership. We will continue to bill your Payment Method on a monthly basis for your membership plan until you cancel.

We will bill you through your Payment Method for membership fees and shipping and handling fees (“Fees”) each month in advance, and you agree to pay such Fees, including any applicable taxes. The monthly membership fee is $16.95 and the monthly shipping and handling fee is $4.95. MC4 reserves the right to change or modify the fee schedule (including, without limitation, increasing prices and charging a fee for upgrades or a Service for which MC4 does not currently charge a fee) at any time. Prior to making any fee changes or modifications, MC4 will provide you with reasonable advance notice.

You agree to pay all Fees and any other charges incurred by you, including any applicable taxes, at the rates in effect when the charges were incurred. You hereby authorize MC4 to charge your Billing Method for the amounts that relate to your membership and other purchases, if any. You may change your Billing Method from time to time. If MC4 is for any reason unable to effect automatic payment via your Billing Method, MC4 will attempt to notify you via email and your access to the Services may be disabled until payment is received. You are responsible to notify MC4 of any changes to your Billing Method. MC4 may discontinue or otherwise interrupt your access to the Services if you fail to so notify MC4.

You agree to pay all charges on time. All Fees will be paid in U.S. dollars. You are responsible and liable for any fees, including attorney and collection fees, that MC4 may incur in its efforts to collect any remaining balances due from you. You are required to notify MC4 of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not do so, you waive any right to dispute such problems or discrepancies.

Cancellations of Membership and Return of DVDs
You may cancel your monthly membership at any time, by emailing us at customercare@MovieClub4Families.com or calling 1-888-564-2582 (Toll Free). Please allow MC4 a month to process your cancellation. For example, you must cancel your membership by the last day of a month (e.g., May 31) in order to end your membership for the subsequent month (the shipment of your month’s DVD in June which will be labeled as the “July” volume). If you have any questions regarding this cancellation policy you may email us at customercare@MovieClub4Families.com or call us at 1-888-564-2582 (Toll Free).

We will accept returns on unopened DVDs within thirty (30) days after they have been mailed by MC4. If you return an unopened DVD in this timeframe, we will apply a credit, less applicable shipping and handling fees, in the amount of original payment to your Billing Method. DVDs must be returned at your sole cost. If you return an unopened DVD, we will cancel your membership and process your refund within a reasonable amount of time after receiving the returned, unopened DVD.

If you receive a defective DVD from MC4, we will accept returns of defective DVDs within sixty (60) days of our mailing. Prior to returning a defective DVD, please contact us either via email at customercare@MovieClub4Families.com or by phone at 1-888-564-2582 (Toll Free) so we can give you specific instructions as to how to return the defective DVD.

Delivery of Monthly DVDs
MC4 uses the U.S. Postal Service to deliver Movie Club 4 Families’ monthly DVDs and other products purchased from MC4. Orders for the free trial DVD will generally be processed within five business days of their receipt. The monthly DVDs of Movie Club 4 Families are generally shipped during the last week of each calendar month. The exact delivery times may depend upon your delivery address and any circumstances that may impact the U.S. Postal Service.

Family Safe Entertainment
Many of the movies distributed to Members through Movie Club 4 Families are not rated through the traditional Hollywood rating system. MC4 works each month to ensure that all content on our DVDs is family-friendly and appropriate for viewing by family members of all ages. However, this judgment is subjective and there may be content in some movies from time-to-time that you may find objectionable. We welcome your feedback on the content of the movies each month either via through the Member forums on the Movie Club 4 Families website or by emailing us at customercare@MovieClub4Families.com.

Privacy
Any personally identifying information submitted on the Movie Club 4 Families website 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.

Security and Access
For transmitting personal information, such as when you use your Billing Method to register, we use a secure server, which encrypts all of your personal information. This encryption process ensures that the information you give us is protected against unauthorized access. While we take precautions to ensure that your information is secure on our system and in most cases transactions are completed without difficulty, we cannot guarantee “perfect security” on the Internet or offline and we are not responsible for the success or security of your transactions.

Effect of Termination of Membership in Movie Club 4 Families
You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with MC4. If MC4 terminates your Account because you breach these Terms of Use or any related agreements or guidelines, MC4 will have no liability to you or any third party because of such termination or action.

Disclaimers of Warranties and Limitations on Liability
THE SERVICE, INCLUDING ALL DVDS, FEATURES, AND FUNCTALITIES ASSOCIATED THEREWITH, THE MOVIE CLUB 4 FAMILIES WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, THE WEBSITE AND ITS CONTENTS. MC4 DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT NETFLIX MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content contained on or defects with DVDs from the Service; (ii) errors or omissions in the content (including DVDs) delivered by MC4; (iii) any failures, mis-shipments, delays, or interruptions in the shipment of DVDs; and (iv) any losses or damages arising from the use of the content provided on the Movie Club 4 Families website or the Service. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon us.

In no event shall MC4 its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, 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 Movie Club 4 Families website, its contents or the Service, including any DVDs, features or functionalities associated therewith. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 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.

Your Conduct on the Movie Club 4 Families Website
By accessing the Movie Club 4 Families website, you agree to use the Service, including all DVDs and features associated therewith, the website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the website. You also agree not to interfere with the servers or networks connected to the website or to violate any of the procedures, policies or regulations of networks connected to the website. You also agree not to impersonate any other person while using the website, conduct yourself in a vulgar or offensive manner while using our service, or use the website for any unlawful purpose.

Right to Terminate
We reserve the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.

Links
Some of the hyperlinks on the Movie Club 4 Families website may lead to other websites that are not controlled by, or affiliated with, MC4. In addition, other websites may link to the Movie Club 4 Families website. MC4 has not reviewed these websites and is not responsible for the content or privacy policies of these websites.

Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflicts of laws provisions. MC4 and You agree that the United States District Court for the Eastern District of Virginia and/or the state courts of Loudoun County, Virginia shall have exclusive jurisdiction over any dispute between you and MC4 relating in any way to the Service or the Movie Club 4 Families website or these Terms of Use. You and MC4 expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.

The Terms and Conditions of Use of Service were updated on March 17, 2009.