YOU AGREE TO BE BOUND BY THE FunTymeFlix TERMS of Use by using the FunTymeFlix Web Site.
FunTymeFlix is a world wide web site owned and operated by FunTymeFlix (
www.FunTymeFlix.com
). By accessing any areas of www.FunTymeFlix.com, users ("User") agree to be legally bound and to abide by the terms and conditions set forth herein (the "Terms of Use").
User hereby affirms and warrants that User is currently over the age of eighteen years (21 in some areas) and are capable of lawfully entering into this agreement.
By electronically submitting an order via FunTymeFlix.com the www.FunTymeFlix.com web site, User is agreeing to be bound by all of the current terms and conditions related to the rental of FunTymeFlix products. User's www.FunTymeFlix.com order will not be confirmed or processed unless User consents to be bound by the Terms and Conditions. The Terms and Conditions shall be governed and interpreted by the laws of the United States, without regard to conflicts of law principles.
ACCESS:
User must be 18 years of age or older (21 in some areas) to receive a membership and become a User.
It is illegal to copy or reproduce any DVD. User agrees to be personally liable and fully indemnify for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from FunTymeFlix, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from this service including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
MEMBERSHIP:
Membership fees are non-refundable.
COPYRIGHTS:
All web site design, text, graphics, the selection and arrangement thereof, and all software Copyright ©-2007, FunTymeFlix. ALL RIGHTS RESERVED. Any other use of materials on this web site--including reproduction for purposes of modification, distribution, or republication--without the prior written permission of FunTymeFlix is strictly prohibited.
TRADEMARKS:
MagicFlixs, www.FunTymeFlix.com, FunTymeFlix design logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of FunTymeFlix. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
THIRD PARTY CONTENT:
FunTymeFlix is a distributor and not a publisher of Content supplied by third parties and Users. FunTymeFlix has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including third party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensors, ("Licensors"), or any other User of www.MagicFlixs.com are those of the respective authors or distributors and not of FunTymeFlix or its affiliates, or any of their respective officers, directors, employees or agents. Neither FunTymeFlix or its affiliates or any of their respective officers, directors, employees or agents nor any third-party, including any Provider, Merchant, Sponsor, Licensor or any other User of FunTymeFlix guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through FunTymeFlix represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor or User not under contract with FunTymeFlix FunTymeFlix neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on www.MagicFlix.com by anyone other than authorized FunTymeFlix employees. Under no circumstances shall FunTymeFlix or its affiliates, or any of their respective officers, directors, employees or agents be liable for any loss or damage caused by a User's reliance on information obtained through FunTymeFlix. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through FunTymeFlix.
FunTymeFlix may terminate User access, or suspend any User's access to all or part of FunTymeFlix, without notice, for any conduct that FunTymeFlix, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licensor, a service provider or FunTymeFlix.
Users may not use FunTymeFlix to send unsolicited advertising, promotional material, or other forms of solicitation to other Users except in those specified areas that are designated for such a purpose. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted. Each electronic entry carries the computer coding of the internet provider through which the individual User can be traced.
You must agree to these terms and conditions before you can become a member of this site.
"In order for me to become a member, I must be at least 18 years of age or older (21 in some areas). I certify that I am 18/21 years of age or older (21 in some areas) and are capable of lawfully entering into this agreement."
"FunTymeFlix reserves the right to reject submission deemed to be in violation of these terms and conditions, or any incomplete or illegal submission."
"Processing and delivery times may in practice limit the number of DVDs Subscriber can rent each month."
BILLING:
" Subscriber's membership fees is a one time fee and includes ALL postage and handling charges."
"Any applicable sales tax will be added to Subscriber's membership fee and/or rentals."
PLANS:
"Members may upgrade plans at any time."
"Upgrades in plans will only result in billing the difference of the plans."
“ Membership Plans can not be Downgraded”
CANCELLATIONS:
Membership Fees are Non-refundable.
FunTymeFlix reserves the right to cancel, revoke your Membership for any reason including but not limited to, failure to pay, misuse of the service, or any actions that are deemed unlawful or detrimental to FunTymeFlix, or other members."
"Upon cancellation all rented movies must be returned to FunTymeFlix,
"After Cancellation any unreturned rentals will be subject to standard restocking fees based on the Manufacturer's Suggested Retail Price for the disc."
SPECIAL OFFERS AND INVITATIONS:
"Invitations and special offers are available only for first-time FunTymeFlix customers, unless stated otherwise on the offer."
"Each promotion code is limited to one per household and cannot be combined with any other offer(s)."
"Once redeemed, all promotional offers are final and are not eligible for refund or return."