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The Terms and Conditions
We wanted to inform you of the change in the structure of OutNow Entertainment Limited, which operates OutNow.co.uk and other DVD Rental services. With effect from 26 September 2009, your contract and account information were transferred to OutNow Entertainment Limited. There is nothing to worry about and your account information and your means of managing your account and renting DVDs remains the same. We have updated our Terms and Conditions and Privacy Policy to reflect this change.
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Acceptance of Terms & Conditions
a.Welcome to www.OutNow.co.uk (the "Website"). OutNow Entertainment Limited operates the Website and the services. References to "we", "us", our" or "the website" are references to OutNow Entertainment Limited. We are a company registered in England and Wales (company number 06861311) and our registered address is: 4A Church Court, Richmond, Surrey
TW9 1JL.
b.Your use of the Website and your use of the services is at all times subject to these Terms and Conditions (which form a legally binding contract between you and us) and all applicable laws.
c.These Terms and Conditions incorporate our Privacy Policy which is displayed on the Website and should be read in conjunction with these Terms and Conditions.
d.By using this Website and/or the services, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please leave the Website immediately and do not use this Website or the services.
e.We reserve the right, from time to time, to change these Terms and Conditions at our sole discretion and will notify you of any such changes via the Website. The most current version of these Terms and Conditions can be reviewed by clicking on the "Terms and Conditions" hyperlink located at the bottom of most pages of the Website. The most current version of the Terms and Conditions will supersede all previous versions. Your use of the Website after changes are made means that you agree to be bound by such changes If you do not agree to the changes please leave the Website and do not use the Website or the service.
f.You can find the specific details regarding your membership, including your rental package, membership costs, rental history and billing date with us at any time by logging in with your username and password and viewing the relevant section(s) of this Website.
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Managing your account
a.You are responsible for managing your account via the Website. All relevant personal account details and information on the disc dispatches and returns are available to you at all times via the Website and you should log in regularly to manage your account. In the event that you think one or more rental discs may be lost in the post either on their way to you, or in the return postage, it is your responsibility to inform us in a timely manner and to complete such Lost in Post Form(s) that are issued to you so that we can seek recompense from the Royal Mail as detailed in the section titled "Delivery, Return and Care of discs" within these Terms and Conditions.
b.You are obliged to provide your full, correct postal address and postcode to ensure that the discs you request for rental can be safely delivered to you. You are also responsible for updating your address details in the event of any changes, e.g. due to moving house.
c.Whilst you manage your account via the Website, as a courtesy, we do also send information regarding your account via email. You are obliged to provide and maintain a valid, active email address when you register your account with us and should check that email account regularly. By providing your email address, you agree that we may send such emails to you regarding the management and upkeep of your account. We recommend that you add us to your "safe sender" list. Email is an imperfect communication system and we cannot be held responsible in the event that any such email(s) do not reach you except and to the extent that we are at fault.
d.You must provide and maintain a valid means of payment and you are obliged to ensure that funds are available for subscription payments and to update your payment details immediately in the event of any changes (e.g. payment card expiry) or if the payment means fails for any reason.
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Introductory Offers
a.We may from time to time make introductory offers to new customers. Introductory offers are available to new customers only, are strictly one-per-household, and may not be used in conjunction with other offers.
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Free Trial
a.Free Trials are only available to new subscribers to the services. Previous subscribers or trialists of the services or any other DVD rental service operated by us do not qualify for a further Free Trial except by personal invitation at our sole discretion. Only one Free Trial may be redeemed per household and a Free Trial may not be combined with any other offer, unless using a Voucher Code. Where a Free Trial is limited by a number of days or weeks, the Free Trial period begins on the calendar day when registration is completed.
b.You must have internet access and provide a valid means of payment to redeem a Free Trial offer. No actual charges will be made if you cancel prior to the end of your Free Trial but, to protect us against theft and fraud, your payment method will be validated. Your chosen payment method may also be authorised for up to 3 months service and certain payment card companies or banks may temporarily reflect this authorisation against your available balance or your credit limit.
c.We will begin billing you for the agreed monthly subscription fees for the service once you have completed your Free Trial unless you cancel prior to the end of your Free Trial. We will continue to bill you by your chosen payment method on a monthly basis for the service unless and until you cancel. For security reasons, if you wish to cancel your account, you must log in using your username and password and follow the "Account Cancellation" process before the end of your Free Trial to avoid charges. For instructions on how to do this, see the section on "Account Cancellation" below.
d.The Free Trial is designed to show new customers the speed, convenience, value and flexibility of the service. It is recommended that you select a minimum of 15 titles immediately upon registering for your Free Trial. In the event that you register for a Free Trial but fail to choose any available titles for delivery during your Free Trial, we reserve the right to select titles on your behalf and/or to reactivate your Free Trial with a new start date at our sole discretion. From time to time we may offer an additional incentive as part of a Free Trial, in which case you are required to register for your Free Trial with valid information, select a minimum of 15 titles and complete at least 1 rental in order to qualify for such additional incentive. Any such incentives (e.g. Gift vouchers, free DVDs or any other such promotional incentives) are available while stocks last. In the event that stocks of any such incentives are exhausted, we may at our sole discretion offer an alternative as a good will gesture.
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Gift Subscriptions
a.Gift Subscriptions may be purchased by members or non-members as gifts to give to friends/family etc. Gift Subscriptions may be redeemed on a one-per-household basis and may not be redeemed by current or previous members or used in conjunction with any other offer.
b.If you have received a Gift Subscription, you must complete our registration process and enter your Gift Voucher code in order to activate your Gift Subscription. The Gift Subscription period will depend on the Gift Voucher you have received and will begin when you complete your registration. On registration, you will be required to provide certain personal information for security reasons including name, address, date of birth, email address and a valid means of payment. You may cancel at any time during your Gift Subscription period without obligation. At the end of the validity period of your Gift Subscription, you will automatically become a paying member on your chosen package unless you have cancelled your account and returned any outstanding discs before the expiry date of your Gift Subscription period. We operate on a monthly automatic subscription renewal basis, so you will be charged for the next membership month and each subsequent month for as long as you continue to use the service unless and until you cancel your subscription. Certain Gift Subscriptions are only open to new customers and are strictly one per household and may have other restrictions - please check your Gift Voucher terms for full details. Please keep your Gift Voucher and Gift Voucher code safe as we cannot be held responsible for lost or mislaid Gift Vouchers unless and to the extent that we are responsible.6
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Billing, Charges and Automatic Renewal
a.As a member, you agree that we are permitted to charge you a monthly subscription fee and any other charges that you may incur in connection with your use of the services. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your account, and regardless of how much you use the service. We will automatically charge you via your chosen payment method each month on or after the calendar day corresponding to the commencement of your membership (e.g. the day after the end of a Free Trial). All fees and charges are non-refundable. We may change the fees, offer and charges in effect, or add new fees, offers and charges from time to time, but we will give you advance notice of these changes via the Website. If you wish to use a different credit card or payment method, or if there is a change in your payment card validity or expiry date, you may provide new details by logging in and following the instructions in "MyAccount", available at the top of most pages of the Website. You are obliged to maintain a valid payment method for as long as you continue to use the service.
b.Maintaining a valid means of payment for using the services is your responsibility and we are not liable for any interest or fees that your bank or credit card company may charge you, except and to the extent that we are at fault.
c.In the event that we are unable to collect a given subscription payment on the monthly due date, we will continue to attempt to collect the payment via your registered payment means until the outstanding monies have been paid in full. While your account payment(s) remain overdue, we reserve the right to restrict the allocation or dispatch of discs at our sole discretion until the outstanding balance is cleared. The management of your account and the timely payment of your subscription fees are your responsibility. In the event that one or more monthly payments become overdue, your subscription will remain in force with ongoing monthly subscription charges accruing until you bring your account fully up to date, irrespective of how much you use the account and whether we exercise the right to restrict the service during the period when payment is overdue.
d.Your subscription will be automatically renewed on a monthly basis, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of subscription fees.
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Delivery, Return and Care of Discs
a.We currently use prepaid Royal Mail First Class 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 will allocate the discs you have requested to you as quickly as possible in accordance with your rental package. The delivery/return envelopes are designed to hold up to 3 discs each and we will dispatch the discs as efficiently as possible. We also ask that members return up to 3 discs per envelope where possible. In the event that you return less than your full allocation in an envelope (e.g. a single disc), subject to availability, we will dispatch the right amount of discs in your next and any subsequent dispatch so that you have your full allocation of discs "out" as soon as possible, in accordance with your chosen rental package.
b.All information regarding the rental history, disc dispatches and returns is available via the Website and it is your responsibility to manage your account via the Website and to track your rental discs and their safe delivery and return.
c.Whilst the Royal Mail aim to deliver a high proportion of First Class mail the next postal day, please allow up to 4 postal days for each dispatch/return to arrive. In the event that more than 4 postal days have passed since posting and a dispatch of return has not safely arrived with you/us, please report the disc(s) as lost. we will, at our discretion, note the disc(s) as lost and will dispatch the next available disc(s) from your rental list, subject to availability. In each case please complete and return a Lost Disc Form within 14 days of reporting the incident, so that we may seek recompense from the Royal Mail.
d.In the event that you fail to report a disc as lost within 30 days of posting or that you fail to complete and return a Lost Disc Form within 14 days of reporting any such incident, we reserve the right to charge your account a replacement fee of £10 per lost DVD or £15 per lost Blu-Ray disc.
e.We reserve the right to cancel your membership if it becomes apparent that the postal service in your area is too unreliable.
f.As a courtesy, we offer the option of sending you an email notification each time we dispatch a disc or receive a returned disc. However, email is an imperfect means of communication and you should primarily manage you account via the Website. We cannot be held responsible in the event that you do not receive such email notifications except and to the extent that we are at fault.
g.You agree to treat the discs and their associated packaging with the utmost care at all times. You agree that you may need to compensate us in accordance with the fees set out at clause d above for any discs which you lose or damage beyond repair while they are in your possession and you allow us to charge such compensation to your chosen payment means. We will give you advance notification of any such charges.
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Postal Service Reliability
a. We rely on the Royal Mail First Class postage service and it is normally fast and reliable, but there are occasional delays and losses. You manage your account via this website and all the information regarding your rental history, dispatch & return dates, are shown on your account pages when you log in. If you suspect a delivery/return to be lost in the post, this should be reported by following the "Report Postal Loss/Delay" link next to the title(s) that show as out on rental.
b. In the event that the level of postal losses to/from your delivery address indicate that the Royal Mail are unable to guarante the safe delivery and return of our rental discs, we reserve the right to suspend or withdraw the service.
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Package Upgrade or Downgrade
a.You may upgrade or downgrade your rental package at any point when logged in via the Website. The package change will come into effect immediately upon collection of the next monthly payment.
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Account Pause
a.You may choose to plan an account Pause for a period of 7 to 21 days (e.g. for a holiday). In such instances, your account will be put on hold for the period of the account Pause. To arrange an account Pause, you should follow the relevant link on the Website and specify the planned start date and length of the account Pause. You should plan the timing of your account Pause carefully to allow for the safe return of any rental discs you hold, as these must be returned to us within 3 days of the specified start date of the account Pause and no further discs will be issued until the end of the account Pause. When the account Pause period ends, your account will automatically be re-activated and your next available discs will be dispatched. Any unused days from the subscription period prior to your account Pause will be carried over and your next billing date will change according, with subsequent billing on the new monthly date every month unless and until you cancel the service. You may have a maximum of 4 account Pauses in any 12 month period.
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Account Freeze
a.You may choose to plan an account Freeze for a period of for a period of minimum of 22 and a maximum of 60 days. In such instances, your account will be put on hold for the period of the account Freeze. To arrange an account Freeze, you should follow the relevant link on the Website and specify the planned start date of the account Freeze. You should plan the timing of your account Freeze carefully to allow for the safe return of any rental discs you hold, as these must be returned to us within 3 days of the specified start date of the account Freeze and no further discs will be issued until the end of the account Freeze which will be the sooner of (i) when you log on to your account and "unfreeze" your account manually or (ii) when 60 days have passed since the account Freeze came into effect. When the account Freeze ends, your account will automatically be re-activated and your next available discs will be dispatched. Any unused days from the subscription period prior to your account Freeze will be carried over and your next billing date will change according, with subsequent billing on the new monthly date every month unless and until you cancel the service. You may have a maximum of 2 account Freezes in any 12 month period.
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Account Cancellation
a.You may make an Account Cancellation Request at any time, unless there are outstanding payments or unreturned Lost in Post forms on your account, which must be received before your account may be cancelled. For security reasons, to make a Cancellation Request, you must log in to your account using your username and password and follow the "Cancellation Request" process in the MyAccount area of the Website. For security reasons, Account Cancellation Requests may only be made in this way and cannot be made by telephone, email, post or other means.
b.When you make an Account Cancellation Request, your account will be suspended and no further rental discs will be issued. To complete your Account closure, any outstanding rental discs must arrive safely back with us within 7 days of making your Account Cancellation request online, including the day the request is made. For example, if you make your Cancellation Request on a Tuesday, any outstanding rental disc(s) must arrive safely with us no later than the following Monday.
c.For your own peace of mind and to protect us against theft/fraud, it is MANDATORY that you obtain a Certificate of Postage (which is available free of charge from the Post Office) when you return your final disc(s), irrespective of whether you post the final disc(s) before or after you make the Account Cancellation Request online. You should ensure that any outstanding disc(s) are returned as soon as possible after Cancellation Request, but we give you the 7 day grace period to allow time for you to visit the Post Office to obtain the Certificate of Postage and to allow for weekends and any postal delays.
d.We insist on the Certificate of Postage for the final disc(s) so that there is no room for misunderstandings as to when and where the final disc(s) were posted and this is the only means of proof that we or the Royal Mail will accept. The Certificate of Postage gives you absolute proof that you have returned the discs, and when, and it means that, should any disc(s) not arrive safely, you can provide us with the Certificate(s) of Postage and we can claim recompense from the Royal Mail rather than you.
e.You are responsible for ensuring the safe return of any outstanding discs and should regularly check your account returns via the Website. In the event that any outstanding discs are not safely received by us within the 7 day period, the Account Cancellation Request will be rejected, your account will remain active and your subscription will remain in force unless and until you make a further Cancellation Request online and successfully complete your Account Closure. The only exception to this is if you supply copies of the Certificate(s) of Postage within the 7 day period showing that you have posted the final disc(s) in a timely manner, so that we can complete your Account Closure and seek recompense from the Royal Mail.
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Account Access
a.You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You will be required to enter your email address and password each time you wish to use the site.
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Account Abuse
a.In the event of fraudulent activity or flagrant abuse of the Free Trial or other special offers that we may make (e.g. by using false information to open duplicate accounts) we reserve the right to charge the you £3.75 per rental per day at our sole discretion and will pursue collection of any such fees to the full extent of the law. We will notify you before hand of our intention to make any such charges.
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Disclaimers of warranties and limitations on liability
a.The Website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Website or its content. We assume no liability or responsibility for any errors or omissions in the content of the Website, any failures, delays, or interruptions in the shipment of discs, delivery of any content contained on the Website, any losses or damages arising from the use of the content provided on the Website, or any conduct by users of the Website except and to the extent that we are at fault.
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Intellectual Property
a.You may use any discs for your personal use (and that of your family and friends) only at the address shown on your account. Commercial exploitation or copying of our discs is not permitted.
b.All content included on the Website, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is our property or that of our suppliers and is protected by United Kingdom and international copyright laws. The compilation of all content on this Website is the exclusive property of us or our licensors and protected by U.K. and international copyright laws. They should not be reproduced or used without express written permission from us.
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Commercial Exploitation
a.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 discs in any way at any time.
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Disc duplication
a.You agree not to make any unauthorised copies of any of our discs.
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Entertainment and Website content
a.We distribute film, television, and other audio-visual entertainment. In addition, the Website allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Website are those of the respective authors or producers and not of us, our shareholders, directors, officers, or employees. Under no circumstances shall we or our shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website.
b.It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website. Linked websites are not under our control and we are not responsible for the conduct of companies linked to our Website. Those links are provided for convenience only and may not remain current or maintained. Links to those websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.
c.We permit you to post reviews on the Website in accordance with the procedures established on the Website and provided that the content is not illegal, obscene, libellous, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the Website; however, we reserve the right to remove or edit such content at anytime without notice.
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Use of information submitted
a.We are free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to us 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 Website or service or other websites and/or services. Further more, by posting any information on our site, you grant us a non-exclusive, royalty-free license to display, use, reproduce or modify that information.
b.Any information submitted by you on the Website is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices.
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Your conduct on the website
a.By accessing the Website, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the 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.
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Limitations on Use
a.You must be resident in England, Wales or Scotland at a valid address (i.e. a PAF-validated address, as recognised by the Royal Mail), 18 years of age or older and have a current valid debit or credit payment card to use the service. By subscribing, the member confirms they fulfil these requirements. Unless otherwise specified, the content on the Website is for your personal and non-commercial use and we grant you a limited license to access the Website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Website without our express written consent. Any unauthorised use of the Website or its contents will terminate the limited license granted by us.
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Right to terminate
a.We reserve the right to terminate or restrict your use of our service if we believe that you are in breach of any obligation under these terms and in particular the clause relating to "Commercial Exploitation". In the event that we decide to exercise this right, we will give you 7 days to return our discs and failure to return these discs will incur charges, as described in the "Account Cancellation" section of these Terms and Conditions.
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Applicable Law
a.Your use of this site is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this site are subject to the jurisdiction of the courts of the country in which your account is registered. In the event that your account is not registered in England, Wales or Scotland, then English laws will apply.
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Entire Agreement
a.These Terms and Conditions (including the Privacy) 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.
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These Terms and Conditions were last updated on
25/03/2010
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