AGREEMENT UPDATESUser agrees that Provider may change the scope of this Agreement, unilaterally, and at any time, by conspicuously posting notice of such change(s) in the Agreement located at https://www.jetflicks.com/termsofservice/ for a period of five (5) consecutive days. Continued use of the Service after such notice will automatically constitute your constructive knowledge of such change and your acknowledgment and acceptance of the revised terms and conditions.
ELECTRONIC CONTRACTINGUse of Services includes the ability to enter into agreements and/or to make transactions electronically, including digital and electronic signatures (herein referred to as “Signature”). User acknowledges that their electronic submissions and or digital signature constitute their agreement and intent to be bound by agreements and pay for any resulting monetary transactions. User agreement and intent to be bound by electronic submissions applies to all records relating to all transactions entered into on this site, including notices of cancellation, policies, contracts, and applications. In order to access and retain electronic records, User may be required to have certain hardware and software, which are their sole responsibility. Provider is not responsible for any typographic errors.
REQUIREMENTS FOR USEThe User portal is available to individuals aged 13 years or older. Potential Users under the age of 18 must review this agreement with a parent or guardian before continuing purchase of Service. Provider assumes all requirements have been met and complied with prior to obtaining Services. Use of the Service requires compatible devices, Internet access, and certain software (fees may apply). It may require periodic updates and Service may be affected by the performance of these factors. Internet access is required for proper Service activation. Minimum software requirements necessary to access the Service are listed online. Use of external software not approved by Provider is not supported or recommended. Use of unauthorized software may limit certain transactions or features. User is responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges) and is responsible for those fees, in addition to Service provided by Provider. User must provide and is responsible for all equipment necessary to access any Service. User agrees that meeting these requirements, which may change from time to time, is their responsibility. The Service is not part of any other product or offering. No purchase or offering to obtain any other product shall be construed to represent purchase of any Service. Provider provides no guarantee of Service without the required and/or recommended hardware, software, and active internet connectivity provided by 3rd parties.
ONGOING MEMBERSHIPA validated Payment (hereinafter called “Payment”) is required to activate Service. The approved Payment will be used to pay any ongoing membership fees automatically. Payment may be updated or changed at anytime by visiting http://www.jetflicks.com. Purchases will appear on Users credit/debit card statement as “JETFLICKS, LLC”. User may purchase a membership for different blocks of time, with one day being the minimum needed to establish Services. User may also purchase service in the following blocks: 24 hours (1 day), 30 days (1 month), 90 days (3 months), 180 days (6 months), or 365 days (12 months). 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 at the discretion of Provider. Service will renew indefinitely unless cancelled. User must cancel their membership before it renews at the end of their current subscription period to avoid being billed automatically to the Payment we have on file. Renewals are billed to the Payment provided to us during registration or any Payment provided on by User and listed on their Personal Account (hereinafter called “Account”). Users may change or update Payment at anytime by logging into their Account at http://www.jetflicks.com. User must change their information online in the Account Information section of our website. This may temporarily disrupt access to Services while we verify any new payment information. Cancellation can be made at any time and is effective immediately. Users will have continued access to any pre-paid Subscription while their account is actively in a “cancelled” status. Cancellation of your account does not constitute a refund.
REFUNDS & CREDITSRefunds, credits, discount, or other consideration (hereinafter called “Credits”) are at the sole discretion of Provider, and are made on a case by case basis. Provider reserves the right not to issue Credits for any reason. User agrees to pay for all products and services purchased, and that Provider may charge their Payment from time to time for any products purchased and for any additional amounts that may be accrued by or in connection with their account. User further agrees that all payments must be paid in advance, at the rates in effect at the time for any Service ordered. This includes purchases by User or anyone who uses Users authorized devices, made with or without their permission, until the Service is cancelled. If Users payment reaches its expiration date and they do not edit their Payment information or cancel their account, and therefore Provider is unable to obtain payment for Service for 14 consecutive days, Provider will generate a final bill and suspend the account until payment is made. User may not create additional accounts until any and all accounts are in good standing. User agrees that Subscriptions are NON REFUNDABLE. For example, if User submits payment for twelve (12) months of Service, Service will be provided for twelve (12) months and will not be refunded if User chooses to discontinue service with Provider midway through the term. Payments which are deemed to be fraud which can be verified and certain to be fraud are eligible to a refund, subject to the terms and conditions of the payment provider, additionally we reserve the right to withhold refunds of orders deemed to be fraud for up to 30 days while investigations complete and legal authorities are notified. We reserve the right to close accounts and request alternative forms of payment if the credit card provided is fraudulently obtained.
CHARGEBACK ABUSEUser agrees not to file a credit card or debit card chargeback with regard to any purchase and instead abide by the dispute resolution procedures outlined below. In the event that User breaches this agreement and files a chargeback, upon a resolution of the chargeback by either the credit card issuing bank, the credit card processor or by VISA, MASTERCARD, AMEX or DISCOVER, or any other payment methods not listed. User agree to reimburse us for any costs incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit card processor or our banks, other third parties, and the reasonable value of the time of our employees and owners spent on the matter, as determined in our discretion in good faith. User further agrees that all dispute resolution procedures below will be deemed waived by User, and that these amounts will be added to the original amount of the order, and that this total amount will then be immediately due and payable. If a chargeback is upheld, User agrees to pay all of the same costs, in addition to the original purchase price. We will use the dispute resolution procedure to confirm and collect such amounts. In the event that a chargeback is placed or threatened on a purchase, we also reserve the right to report the incident for inclusion in chargeback abUser database(s) of our choosing and in our sole discretion. Being listed on such databases may make it more difficult or even impossible to use (any) credit card(s) on future purchases with us or other merchants. Users wishing to be removed from the database shall make payment to us for any outstanding amount owed to us + $50 for processing and handling by wire transfer or such other means as we may require.
ALL SALES AND RENTALS OF PRODUCTS ARE FINALAt any time, and for any reason, we may provide Credits to some or all of our Users. 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 technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either rectifying the issue with requested Credit, and is at the sole discretion and determined by Provider.
ACCOUNT SHARINGProvider allows only 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.
SERVICE RULESShould you violate any of the terms of this Agreement, or if we have reasonable grounds to so believe, Provider 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 SERVICEAccounts that have been terminated for violations this Agreement or any reason deemed appropriate by Provider, are cancelled permanently. Such accounts will not be reinstated. To resubscribe under false identity to circumvent Provider 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 Provider after advisement of cancellation and denial of future service, will be forfeited by the User.
REGISTRATION OBLIGATIONSIn consideration of your use of the Service, User represents that they are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. User also agrees to: provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate any account(s) and refuse any and all current or future use of the Service (or any portion thereof).
INDEMNIFICATIONUser agrees to release, hold harmless and indemnify Provider, its information sources, 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 use of the Service or any other User who is accessing Services.
GOVERNING LAWThis Agreement an/or any and all disputes which may arise out of the Agreement or the Service, shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict of laws provisions.
CHOICE OF VENUEAll parties to this Agreement expressly agree to the following choice of venue to address any and all disputes arising out of this Agreement or use of Service by User. Any such disputes shall be decided solely by Binding Arbitration the County of Clark, State of Nevada, USA.
GENERALThis Agreement contains the complete and final statement of the understanding between User(s) and Provider, 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 User and Provider 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 un-enforceability 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 Provider of a breach or default of any of the provisions of this Agreement by User 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 Provider 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 User. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action that may arise 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.
© 2016 JETFLICKS, LLC