MoviEx's Terms & Conditions - (Updated on 17/05/2009)
The following is MoviEx's Terms and Conditions (hereunder “our terms”). The objective of our terms is the protection to all our service users’ (hereunder “you”) and our service provider’s (hereunder “we”, “our” and “us”) benefits – this composes a contract between you and us. Therefore, we recommend you should read our terms in detail.
1. Acceptance of our terms
Welcome to use and browse the MoviEx website (hereunder “our website”). MoviEx provides the online movie rental service (hereunder “our service”) through the internet. You accept and agree to be bound by our terms. If you do not agree to our terms, you should stop using our service or website.
2. Change of our terms
We reserve the right, from time to time, with or without notice to the users, to change or revise our terms. We recommend you to review our terms for any change or revision sometimes. The most current version of our terms can be reviewed by clicking the "Terms & Conditions" located at the bottom of our website. The most current version of our terms will be effective from the date of posting and supersede all previous versions. When you are continuously using and browsing our website or our service after changes, we suppose that you have read, understood and accepted our change or revision. If you do not agree to our change or revision, you should stop using our service or website.
3. How the online movie rental services operate?
MoviEx provides a variety of service plans at varying price levels (hereunder “service plans”) for those authorized service users (hereunder “members”) to choose. The service plans are decided as monthly movie rental disc package with limitation and without limitation. Under all service plans, members can select the movies and add to the “Queue List” after logging in our website. Then, members will receive an appropriate disc with a prepaid return envelope together delivering to member’s registered address by The Hong Kong Post Office. The member may put the disc into that prepaid return envelope to send back to us after watching the movie. We will mail the next available disc to member’s registered address when we receive the return disc. Members are reminded to keep at least 10 movies on your queue list. And this enables us to send you the next available disc on the same day or the following day of the returned disc received by us.
Provided you continue to be a paying member of our service, you may keep the disc delivered to you as long as you like. We do not impose any required return dates (other than upon cancellation of our service). Given that we have no required return dates, we do not charge any late and postal fees. You can choose and enjoy your favorite movies without worry. 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.
4. Joining our service
You must equip with all essential internet connection and equipment for accessing to our website and use a serviceable credit card (hereunder “payment method”) in order to obtain and use our service. When you register to our service, your payment method will be agreed to pay for the selected service plan and any other charges member may incur in connection with your use of our service.
You understand and agree to our service which includes some messages sending from MoviEx like service announcements, administrative announcements and MoviEx information. All of these messages are parts of our service that you cannot refuse to receive them.
You understand and agree to our service offering at a “present level”. We have no responsibility to any timing, deletion, wrong delivery and unsaved matter about member’s communication or personalized setting. We reserve the right in decision of fully or partly service suspension for repairing, maintaining, renewal or any appropriate tasks from time to time and without notice in advance.
Please kindly note that anyone must be 18 years of age to be authorized to browse and gain our service to those adult movies which may contain sex, violence and awful scenes.
5. Fee
You understand and agree to our service that gives us an authorization to charge you the subscription fee and any other charges member may incur in connection with your use of our service. Additional charges may include the disc damaged or failed to return by member or service plan upgrade.
Our service plans are on monthly and yearly basis – The monthly subscription fee is ONLY paid by credit card which registers for anto-pay. [We will automatically charge member’s payment method each month on the calendar day corresponding to the commencement of the subscription period. In the event the subscription period began on a day not contained in a given month, we will charge member’s payment method on the last day of such month. [This section] is only for 04/2009 afterwards new member]; the yearly subscription fee is required to pay once by credit card, bank deposit to our Hang Seng Account 346-159601-883 or crossed cheque. The yearly subscription period is limited to 365 days. The yearly subscribers will offer a right to suspend their service plan up to twice a year, for no more than 90 days in total, within the subscription period.
When a member starts using our service and subscribes every month (please refer to below “auto-contract” section), we will automatically charge member’s payment method for the following subscription fee until you give a termination request (please refer to below “termination” section) to your service plan. You can log in to our website and click “Your Account” to check the next payment date. You can also change or cancel your service plan before the expiry date of each subscription period.
All fees and charges are non-refundable, including that partial monthly fee, yearly fee or unused rental discs. We may change the fees and charges in effect, or add new fees and charges from time to time. We shall give member advance notice of these changes by posting a notice in the relevant section of our website or by email.
If a member’s payment method reaches its expiration date, your continued use of our service constitutes an authorization for us to continue billing that payment method and this member remains responsible for any uncollected amounts.
6. Auto-contract
Your service plan will be automatically renewed on monthly or yearly basis. At the same time, we will automatically charge the following subscription fee from your payment method provided. Your membership will also be automatically renewed without our informing in advance until you give a termination request to your service plan or we terminate your service plan (please refer to below “termination” section). You must cancel your service plan before the expiry date of each subscription period otherwise we will charge the following subscription fee from your payment method.
7. Termination
You may cancel your service plan with us at anytime and cancellation will be effective immediately. We do not refund any partial monthly fee, yearly fee or unused rental discs. If you want to terminate your service plan, you may log in our website and click the “Cancel Subscription” in the page of “Your Account”, and then follow the instruction provided. Your service plan termination will be effective at once after confirmation.
Upon your cancellation, you must return any outstanding discs to us within seven days otherwise such outstanding discs will be treated as you have purchased the discs and we will be charge a representative price from your payment method. You will receive a reminder email regarding the outstanding discs prior our debit against your payment method.
We reserve our right to terminate your service plan for any or no reason without you agreement in advance.
8. Your duty & responsibility
(a) Please follow the instruction of our service application form to submit your correct, precise, latest and complete information (hereunder “registration information”).
(b) You should maintain and update “registration information” in order to make sure it is correct, precise, latest and complete. If you provide any incorrect, inaccurate, outdated, incomplete or misleading information, or we have a sensible reason to suspect your “registration information” to be incorrect, inaccurate, outdated, incomplete or misleading information, we reserve a right to suspend or terminate your membership and refuse your present and future uses of our service in full or part. We are really concern all member’s privacy and benefit.
(c) If you find the lost in delivery (or 4 days late arrival of its expected date), damage, broken, missing the disc or any other problem, please immediately inform us by phone or by clicking the “Report” after logging in “Your Account”. Then, you can report your problem to us by following the instruction provided. We reserve the right for the decision of how to deal with the problems case by case independently.
(d) It is your responsibility to maintain the confidential security of your password and account. You should take a whole responsibility in every activity of using your password and account. When your password or account is used without authorization or in any security problem arising, you should report to us immediately. You should close your account after connecting or using every time by clicking “Logout” icon at the top right hand corner. We will not responsible to any lost or damage arising from your disobedience to our terms.
9. Member Conduct
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials (Hereunder "content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that YOU and not MoviEx are entirely responsible for all content that you upload post, email or otherwise transmit via our service. MoviEx does not control the content posted via our service and, as such, does not guarantee the accuracy, integrity or quality of such content. You acknowledge that by using our service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances MoviEx will be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via our service.
You must agree NOT to use our service as below purposes:
(a) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a MoviEx official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through our service;
(e) upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (hereunder "Rights") of any parties;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of our service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt our service or servers or networks connected to our service, or disobey any requirements, procedures, policies or regulations of networks connected to our service;
(k) intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
(l) "stalk" or otherwise harass another; or
(m) extract, collect, process, combine or store personal data about other users.
10. Privacy
Any “registration information” and other information you submitted to our website is subject to the personal data ordinance and our privacy policy, the terms of which are incorporated herein. You may click the link located at the bottom of our website for “Privacy Policy” to read our privacy policy carefully and understand our policy and practice.
11. Limitation on use
In order to be a subscriber of MoviEx Member, you must have attained the age of 18 years. By accessing and using our website, you understand and agree not to download (other than through page caching necessary for personal use), modify, adapt, edit, transmit, display, perform, copy, duplicate, distribute, reproduce, publish, license, create derivative works from, or offer for sale any information contained in or obtained from the MoviEx website without our express written consent.
12. MoviEx member’s proprietary rights
You acknowledge and agree that our service and any necessary software used in connection with our website (Hereunder "software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through our service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MoviEx or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our service or the software, in whole or in part.
MoviEx grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. The foregoing is subject to applicable statute and other express law. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to our service. You agree not to access our service by any means other than through the interface that is provided by MoviEx for use in accessing our service.
13. Disclaimers of Warranties
MoviEx based on our terms to do with our service’s related responsibility which is only limited to sensible skills and provide related service with care. You must take your responsibility to your risk in using our service. Regarding to MoviEx’s all service and all content in our website are provided “as is” and “as available” with all faults and without warranty of any kind. Without limiting the foregoing, we assume NO liability or responsibility for any of the following: (i) our service will conform to your requirement (ii) our service does not interrupt, delivery on time, safely reliable and mistake avoidable (iii) the result obtained from use of our website is correct and reliable (iv) your bought or gotten product, service, information or any other data through our service will conform to your expectation and (v) any mistake in “software” can be amended.
We do not guarantee to any responsibility or claim arising from the mistake or negligence of our website and service in any direct or indirect way. We also do not guarantee to any responsibility or claim arising from any mistake, delay, damage or interrupt during the mailing of the disc.
We reserve the right to ship discs in our sole and absolute discretion. We do not warrant or accept any responsibility whatsoever in respect of the information contained in our website will be uninterrupted or error free, or our website or the server that makes it available is free of any virus or other contaminating or destructive components.
14. Trademarks Information
The MoviEx Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names, together with logos, products, service name and anything about Relaxing Way Video Shop are registered trademarks (hereunder “MoviEx trademarks”) of MoviEx Limited (hereunder “our company”). The trademarks, service marks and trade dress of MoviEx may not be used or reproduced in any manner without prior written approval from our company. MoviEx trademarks may not be used in connection with any product or service that is not affiliated with our company, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of our company, or in any manner that disparages or discredits our company. Other trademarks that appear on our website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by our company. Any images of persons or personalities contained on our website are not an indication or endorsement of our company or any particular product or our service unless otherwise indicated.
15. General Principles
The regulations shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to conflicts of laws. You and we hereby irrevocably submit to the exclusive jurisdiction of the Hong Kong Court. You and we expressly and irrevocably agree and 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.
If any provision of our regulations shall be unlawful, void or unenforceable, then that provision shall be deemed severally from our regulations and shall not affect the validity and enforceability of any of the remaining provisions. No waiver any breach of our regulations shall be deemed a waiver of any other provision, and our failure to assert any right or provision under our regulations shall not constitute a waiver of such right or provision. You agree that any action arising out of or relating to our website must be commence within ONE (1) year after the cause of action accrues, otherwise the cause of action shall be permanently barred. The headings in the regulation are for convenience only and do not affect interpretation.