CHANGES OR MODIFICATIONS OF THE TERMS OF THIS AGREEMENT
You agree that JetFlicks™ may change the terms and conditions of this Agreement, unilaterally, and at any time, by conspicuously posting notice of such change in the Terms of Service for a period of five (5) consecutive days. Continued use of the Service after such notice will constitute your constructive knowledge of such change, your acknowledgment and acceptance of the revised terms and conditions.
REQUIREMENTS FOR USE OF JETFLICKS™ SERVICE
The Mobile Service offered by JetFlicks™ is available to individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); it may require periodic updates; and may be affected by the performance of these factors. High-Speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Service and may be required for certain transactions or features and to download products offered by JetFlicks™, or produces previously purchased from JetFlicks™.
You agree that meeting these requirements, which may change from time to time, is your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent and no guarantee is offered that you will be able to Service without the recommended hardware and/or internet access.
When first you subscribed to the Service, you were required to pay for the Service using a valid credit card or a PayPal account. You may use this or another form of accepted payment should you wish to make use of the option we offer which pays your monthly membership fee automatically.
You may purchase your membership subscription for different block of time with a one month being the minimum needed to establish service. You may also purchase service in the following monthly blocks: 90-days; 180-days; or 12 months. Your access to the Service will continue as determined by the length of your subscription, or unless you choose to cancel your membership, or it is terminated by JetFlicks™ at its own discretion.
You must cancel your membership before it renews each month or subscription period in order to avoid billing of the next subscription’s membership fees to your Payment Method. We will bill the subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
If you want to designate a different credit card or if there is a change in your credit card, you must change your information online in the Account Information section of our site; this may temporarily disrupt your access to the Services while we verify your new payment information.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS
You agree that you will pay for all products and services you purchase, and that JetFlicks™ may charge your credit card for any products purchased and for any additional amounts that may be accrued by or in connection with your Account. You further agree that all payments must be paid in advance, at the rates in effect at the time for all Service ordered by you or anyone who uses your Authorized Device, with or without your permission, until the Service is canceled. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amount.
ALL SALES AND RENTALS OF PRODUCTS ARE FINAL
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by JetFlicks™
We reserve the right to close accounts and request alternative forms of payment if the credit card provided is fraudulently obtained.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. JetFlicks™ is not responsible for typographic errors.
Jetflicks allows a maximum of (5) supported devices to be used in conjunction with a single user account provided that all (5) devices are owned or used by immediate family residing within the same residence. Failure to comply with the maximum device limit will result in the issuance of a warning for the first violation and possible suspension/cancellation on subsequent violations.
Should you violate any of the terms of this Agreement, or if we have reasonable grounds to so believe, JetFlicks™ reserves the right to deny you access to the Service, to suspend or terminate your Membership and to refuse to provide you with any future Membership.
CANCELLATION AND DENIAL OF FUTURE SERVICE
Accounts that have been terminated for Terms of Service violations or any reason deemed appropriate by Jetflicks, are cancelled permanently. Such accounts will not be reinstated. To resubscribe under false identity to circumvent Jetflicks decision is fraudulent. Discovery of accounts created containing data that is associated with a prior cancelled account or accounts fraudulently created are subject to immediate termination. In either case, fees paid to Jetflicks after advisement of cancellation and denial of future service, will be forfeited by the subscriber.
You agree to release, hold harmless and indemnify JetFlicks™, its Information Providers, as well as any other person or entity involved in creating or distributing the Service. This shall include each of their respective parent entities, affiliates or subsidiaries and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees, including reasonable attorneys' fees and expenses incurred as a result of your use of the Service or any other user who is accessing the Service using your membership information.
CHOICE OF VENUE
All parties to this Agreement expressly agree to the following choice of venue to address any and all disputes arising out of this Agreement or a Members use of the Service. Any such disputes shall be decided solely by Binding Arbitration the County of Clark, State of Nevada, USA.
If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
This Agreement contains the complete and final statement of the understanding between you and JetFlicks™, with respect to the subject matter contained in this Agreement and supersedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and JetFlicks™ concerning the subject matter of this Agreement.
If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms.
The waiver by JetFlicks™ of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of JetFlicks™ to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance.
Last Updated: 10/03/12 08:00 PST