Terms & Conditions
Acceptance of Terms & Conditions
These
Terms & Conditions govern your use of the
NasheKino.net Web site. By using the NasheKino.net Web site, you accept
and agree to be bound by these Terms & Conditions. If you do not
agree to these Terms & Conditions, you should not use the
NasheKino.net Web site.
Changes to Terms & Conditions
NasheKino.net reserves the right, from time to time, with or without
notice to you, to change these Terms & Conditions at its sole
discretion. The most current version of these Terms & Conditions
can be reviewed by clicking on the "Terms & Conditions" hyperlink
located at the bottom of most pages of the
NasheKino.net Web site. The most current version of the Terms &
Conditions will supercede all previous versions. Your use of the
NasheKino.net Web site 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
NasheKino.net at anytime by clicking on the "My Account" tab, located at the top of the pages of the
NasheKino.net Web site.
- Free Trials
Free trials are only available to new subscribers of the
NasheKino.net service. Previous subscribers or trialists of NasheKino.net do not qualify for a free trial. Only one free trial
may be redeemed per household and a free trial may not be combined with
any other offer. You must have internet access and a valid credit/debit
card to redeem a free trial offer. People who break this rule will be charged the monthly subscription, without
notice, for any additional trial taken.
Upon registering for your free trial, your credit card will be
authorized for approximately three months of service. No charges,
however, will be made against the card unless you do not cancel prior
to the end of your free trial period or you do not return DVDs before
the end of the trial.
The free trial will end once you have rented the maximum allowed
DVDs for the trial period
or at the end of the period of your trial, whichever is reached first.
The DVD limit for
your trial period is displayed in the "My Account" section. You may
choose to become a full member at any time during the free trial period.
We will begin billing your credit card for monthly subscription fees
for the NasheKino.net Service once you have rented the next DVD after
your maximum allowed or your trial period has ended, whichever is
reached first, unless you cancel prior to the end of your free trial
and return DVDs before the end of the trial. We will continue to bill
your credit card on a monthly basis for the NasheKino.net Service until
you cancel.
You must cancel your account and return DVDs before the end of your
free trial period to avoid charges to your credit card. For
instructions on how to do this, see the section on 'cancellation'
below.
NasheKino.net reserves the right to change the free trial offer without notice.
- Billing As a subscriber to NasheKino.net}, you agree
that we are permitted to charge your credit card a monthly subscription
fee and any other charges you may incur in connection with your use of
NasheKino.net. The subscription fee will be billed at the beginning of
your subscription and on each monthly renewal thereafter, unless you
reach the maximum DVDs allowed for a package before the end of the
period. The maximum number of rentals for a subscription period is
shown in the package information section and also in the "My Account"
section.
Standard Packages: If the maximum number of rentals has been reached for
a subscription
period, you will be charged for the next subscription period once the next
DVD, after your maximum allowed, has been sent to you.
Lite Packages:
If the maximum number of rentals has been reached for a subscription
period, your account will be put "on-hold". You can then choose to wait
until your next payment date before further DVDs are sent or you can
log in to your account and start the next subscription period
immediately. We will automatically charge your credit card each month
on or after the calendar day corresponding to the commencement of your
membership unless you choose to start the next subscription period
earlier.
All fees and charges are non-refundable. 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 want
to use a different credit card or if there is a change in your credit
card validity or expiry date, you may edit your credit card information
by clicking on the "My Account" button, available at the top of most
pages of the NasheKino.net Web site. If you have not cancelled your
subscription and your credit card expires we reserve the right to
automatically change the expiration date on your credit card.
- Annual Membership
A discounted annual membership is available for each
subscription package. The fee is charged for one year's subscription in
advance. We do not provide refunds or credits for any partial annual subscription
period.
- Automatic Renewals Your NasheKino.net
subscription will be automatically renewed each month. For your
convenience, we will charge the regular subscription fee to the credit
card you provide to us during registration (or to a different credit
card if you change your account information). Your membership will
automatically renew for successive periods' subscriptions, without
prior notice to you, unless and until you cancel your membership or we
terminate it, or you choose to start the next subscription period
earlier having rented the maximum allowed for the period. You must
cancel your membership before it renews in order to avoid billing of
subscription fees to your credit card.
- Expired or Invalid Credit Cards
The terms we agree with you are dependent on a valid
credit card being available for charging each month. Should your credit card
expire, or reach its credit limit, we send you a reminder to that effect.
If you do not update your card details and continue to keep your rented disks
you will be charged at the rate of A?1.50 per day for each disk not returned.
This is to allow us to continue to provide a high level of service to other
members.
If you have any difficulties with your credit limit, then we advise you to
freeze your account (disks must be returned before freezing takes effect) and
unfreeze when funds become available.
In all circumstances you must return disks to us when you are failing to make
payment, to avoid unnecessary charges and potential legal action.
- Delivery and Return of DVDs
We currently use the USPS, first-class postage prepaid, to
deliver and return the DVDs 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 USPS Mail. Any delays in the
USPS Mail delivery times are outwith the control of NasheKino.net.
NasheKino.net therefore, is not responsible for USPS Mail postal delays
or misdirected mail. It is your responsibility to ensure that your
address has been entered correctly, including your postcode. If you change address, you must update your address details in My Account
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. You may wish to use our Freeze facility during your move.
You agree to treat the DVDs and their associated packaging with the
utmost care at all times. You agree that you may need to compensate
NasheKino.net for any DVD lost or returned in an unacceptable condition
(beyond reasonable wear and tear) - and that you allow
NasheKino.net to charge such compensation to your credit card. We will
notify you of any such charges. Should a member withhold payment and
fail to return DVDS when requested, then
NasheKino.net will pursue the member for the cost of these DVDs and all
associated legal and recovery expenses.
- DVDs Lost or Delayed in the Post If a DVD is
delayed or lost in the post this should be reported using Report a
Problem on the website. If the DVD has been lost in return, a form
declaring postal loss will be sent to you for completion. A receipt of
posting should be attached if this was obtained from a Post Office when
the DVD was returned. If you have been affected by a postal delay or
loss we recommend that you obtain a receipt of posting for any further
DVDs returned by you. A receipt of posting
must be attached to the form declaring postal loss for second or
subsequent losses. For any DVD reported missing, the form declaring
postal loss must be returned within 7 days, otherwise you will be charged the
full recommended retail price of the DVD. Any fraudulent declarations will
result in termination of your account and immediate and full prosecution.
- Cancellation
As noted above, you may cancel your subscription to NasheKino.net
at anytime. It is essential to cancel your membership no later than the day before your next
payment date, so that you are not charged for a month's membership, and before returning
your last DVD so that we do not send another.
It is also essential to cancel via the web site to ensure that your
payments are ceased in the proper manner. Please note the onus is on
you to cancel.
To cancel, click the "My Account" tab and follow the instructions under
the heading "Cancel My Membership." We do not provide refunds or
credits for any partial monthly or annual subscription periods. Upon
cancellation, you must return any outstanding DVDs to NasheKino.net
prior to your next payment date, getting a receipt of posting as proof
of return. If the DVDs are returned after your next payment date you
will be charged for the next month's subscription (We allow 2
days to compensate for any postal delay). Failure to return such DVDs
will result in your credit card being billed for such items. If we have
sent a DVD to you that you have not received, you must notify
NasheKino.net of this within 7 days of it being dispatched and before
cancelling, otherwise you will be billed for the item.
Account Access
You are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer. In order to
provide you with an easy-to-use service,
NasheKino.net will place a 'cookie' (a small text file) on any computer
you use to access the
NasheKino.net Web site. When you revisit the NasheKno.net web site,
this cookie will enable us to recognize you as the account holder and
provide you with direct access to your account without requiring you to
retype any password or other user identification.
Disclaimers of Warranties and Limitations on Liability The
NasheKino.net Web site and its contents are provided "as is" and we
make no representations or warranties of any kind with respect to the
NasheKino.net Web site or its contents. We assume no liability or
responsibility for any errors or omissions in the content of the
NasheKino.net Web site, any failures, delays, or interruptions in the
shipment of DVDs, delivery of any content contained on the
NasheKino.net Web site, any losses or damages arising from the use of
the content provided on the
NasheKino.net Web site, or any conduct by users of the NasheKino.net
web site. We reserve the right to deliver DVDs at our sole discretion.
We disclaim all representations and warranties, including, for example,
warranties of merchantability, fitness for a particular purpose, and
non-infringement. In addition, we do not represent or warrant that the
information accessible via our site is accurate, complete or current.
In no event shall NasheKino.netits shareholders, directors, officers,
or employees be liable (jointly or severally) to you for any special,
incidental, indirect or consequential damages of any kind, or any
damages whatsoever resulting from loss of use, data or profits, whether
or not advised of the possibility of damage, and on any theory of
liability, arising out of or in connection with the use or performance
of this information. If any applicable authority holds any portion of
this section to be unenforceable, then liability will be limited to the
fullest possible extent permitted by applicable law.
Intellectual Property
You may use any NasheKino.net DVDs 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 DVDs is not permitted.
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Copyright
All content included on the NasheKino.net Web site, including text,
graphics, logos, designs, photographs, button icons, images,
audio/video clips, digital downloads, data compilations, and software,
is the property of NasheKino.net or its suppliers and is protected by
United Kingdom and international copyright laws. The compilation of all
content on this site is the exclusive property of NasheKino.net and
protected by U.K. and international copyright laws. They should not be
reproduced or used without express written permission from
NasheKino.netFONT>
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Commercial Exploitation
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
of NasheKino.net DVDs in any way, at any time.
- DVD duplication
You agree not to make any unauthorised copies of any NasheKino.net DVDs.
Entertainment and Web Site Content
We distribute film, television, and other audio-visual entertainment.
In addition, the
NasheKino.net Web site allows you and other third parties to post
reviews or comments concerning the entertainment distributed by us. Any
opinions, advice, statements, services, offers, or other information
that constitutes part of the content expressed or made available by
third parties on the
NasheKino.net Web site are those of the respective authors or producers
and not of NasheKino.net
or its shareholders, directors, officers, or employees. Under no
circumstances shall
NasheKino.net or its shareholders, directors, officers, directors, or
employees be held liable for any loss or damage caused by your reliance
on information obtained through the
NasheKino.net Web site. It is your responsibility to evaluate the
information, opinion, advice, or other content available through the
NasheKino.net Web site.
We permit you to post reviews on the NasheKino.net Web site in
accordance with the procedures established on the
NasheKino.net Web site 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
NasheKino.net Web site; however, we reserve the right to remove or edit
such content at anytime without notice.
Use of Information Submitted
NasheKino.netfont>
is free to use any comments, information, ideas, concepts, reviews, or
techniques contained in any communication you may send to the
NasheKino.net Web site without further compensation, acknowledgement or
payment to you for any purpose whatsoever including, but not limited
to, developing, manufacturing and marketing products and creating,
modifying or improving the
NasheKino.net Web site or other Web sites. Furthermore, by posting any
information on our site, you grant us a nonexclusive, royalty-free
license to display, use, reproduce or modify that information.
Your Conduct on the NasheKino.net Web Site
By accessing the
NasheKino.net Web site, 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
NasheKino.net Web site. You also agree not to interfere with the
servers or networks connected to the
NasheKino.net Web site or to violate any of the procedures, policies or
regulations of networks connected to the
NasheKino.net Web site, the terms of which are incorporated herein. You
also agree not to impersonate any other person while using the
NasheKino.net Web site, conduct yourself in a vulgar or offensive
manner while using our service, or use the
NasheKino.net Web site for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to use the
NasheKino.net service. Unless otherwise specified, the content on the
NasheKino.net} Web site is for your personal and non-commercial use and
we grant you a limited license to access the
NasheKino.net Web site 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
NasheKino.net Web site without our express written consent. Any
unauthorized use of the
NasheKino.net Web site or its contents will terminate the limited
license granted by us.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, 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, including,
in particular the section headed 'Commercial Exploitation'. In the event that
we do so we will give you seven days to return our DVDs and failure to return
these DVDs will incur charges, as described under 'Cancellation' above.
Last Updated:
June, 2006
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