TERMS AND CONDITIONS

Use of the Website—By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.

Trademarks—The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

External links—External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Warranties—The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.

Disclaimer of liability—The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Conflict of terms—If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Severability—Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Applicable laws (choice of venue and forum)—Use of this website shall in all respects be governed by the laws of the state of [insert your state], U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the [insert state] courts located in [insert county] county, [insert state], shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

PRICE AND AVAILABILITY

The products and services offered or referred to on this Site are subject to availability of the products and services. Further, availability of product types or individual products is subject to change by Movie Works in its sole discretion at any time without notice. Contemplation of certain product types in these Terms and Conditions of Use does not mean such products or product types are available on the Site or otherwise, at any given time. The prices stated for such products and services are subject to change without notice.

DELIVERY CHARGES

Stated delivery prices are for UK only. Additional charges will be applied for non-UK deliveries. 

RELIANCE ON INFORMATION

This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Movie Works sole discretion.

CHANGES TO THE SITE

Changes may be made at any time to the information, names, text, software, images, pictures, logos, trademarks, products and services and any other material displayed on, offered through or contained on this Site.

CHANGES TO TERMS AND CONDITIONS

Movie Works may at any time, and at its sole discretion, modify these Terms and Conditions of Use, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site.

PRIVACY POLICY

Movie Works's personal information practices on this Site are governed by Movie Works privacy policy. Please review this privacy statement and print a copy for your records.

LINKS

This Site contains links to or references to other web sites owned and operated by third parties. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Movie Works or its affiliates. This could be the case even for those web sites that carry Movie Works or its affiliates’ trademarks or logos or which are framed by the Site. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

 

YOUR OBLIGATIONS

In providing registration and/or transactional information to Movie Works, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If Movie Works has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Movie Works has the right to suspend or terminate all current or future use of the service.

In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of this Site; or (g) engage in “flooding,” i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address).

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libellous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law or under contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.

To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads or streaming of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.

To the extent that any of the following activities materially interfere with this Site or the network and systems of a Movie Works service provider (“Service”), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or Service; (f) use this Site or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, Service, or another entity, or obtain or bypass others' passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.

Movie Works Ltd. holds the exclusive rights to the guide databases (the "Guides”) of movie and other information and references appearing on this website, including, among other things, images, lists of artists, movies, genres, ratings, plot synopses, reviews, and biographies, and titles, platforms and systems requirements. You may not modify, scrape, download, stream, copy or scan or use any other method to reproduce, duplicate, translate, republish, transmit or distribute in any way any portion of the Guides, and you may not store any part of the Guides on your hard drive (except as temporarily cached by your web browser), CD ROMS or other mediums. Further, you may not publish, disseminate, transfer, sell, assign, rent, timeshare, or license the Guides or any material subset thereof, or any copies thereof, except as permitted under applicable law. You are further prohibited from engaging in “Data Mining,” which is excessive sampling behaviour, or use of the data contained in the Guides, as measured by repetitive “hits” or inquiries to the Guides in a given day. Your viewing of the Guides is for your personal, noncommercial use only. You will be held legally responsible for any unauthorized use of the Guides. All material gains from such use remain the property of Movie Works.

POST AND SUBMISSION POLICY

Movie Works does not solicit submissions, in any form or by any means of transmission whatsoever, of product, service, marketing, advertising and/or creative suggestions, scripts, lyrics, jingles, product samples, prototypes, movies and/or games (hereinafter referred to as "Submissions"). If you elect to forward to us any such Submission, then by doing so, you acknowledge that (1) we are not liable for any use, disclosure, or return to you of your Submission, (2) no confidential relationship is established or is to be implied in any way from our receipt of the Submission and any statement to the contrary with your Submission shall not alter this condition, (3) you understand that you will not be entitled to any compensation from us based upon your Submission or our use thereof, (4) the receipt of your Submission shall not constitute a waiver by us of our rights to contest the validity of any copyright, or other intellectual property rights that you may now or hereafter claim for the Submission, and (5) any previously, concurrently or subsequently submitted materials relating to this Submission shall be considered to have been submitted in accordance with these conditions.

If you post reviews, comments, photos or other materials or content on www.TheMovieWorks.org.uk; send communications to Movie Works or submit Submissions, you hereby grant Movie Works a perpetual, non-exclusive, royalty-free irrevocable license and fully sublicensable right to make, use, modify, adapt, create derivative works from, publish, translate, reproduce, display and distribute such materials, content and Submissions (and any intellectual property contained therein) throughout the world, in any medium or technology of any kind now existing or developed in the future. You grant Movie Works and its sublicensees the right to use the name that you submit in connection with such materials and content, if they choose. You represent and warrant that you own or otherwise control all of the rights to any Submission and in the materials and content that you post; that the content is accurate; that use of any Submission, materials or content you supply does not and will not cause injury to any person or entity; and that you will indemnify Movie Works and its sublicensees for all claims resulting from any Submission, materials and content you supply. Movie Works has the right but not the obligation to monitor and edit or remove any activity or content on www.TheMovieWorks.org.uk. Movie Works takes no responsibility and assumes no liability for any materials or content posted by you or any third party.

 

MANAGING YOUR PASSWORD AND YOUR ACCOUNT

You are solely responsible for managing your password and for keeping your password confidential. No one from Movie Works will be authorized to provide you your password. If you have forgotten your password, go to the Sign In link at the top of the screen, then click on “Forgot your password.” Follow the instructions, and a link to change your password will be emailed to you. You are also solely responsible for restricting access to any computer you use to access your account. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Movie Works (Yorkshire) Ltd with the written information specified below. Please note that this procedure is exclusively for notifying Movie Works and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Movie Works Ltd Copyright Administrator for notice of claims of copyright infringement on this Site can be reached as follows:

Copyright Administrator
Movie Works Ltd
9 Dickson Wharf
Wharf Road
Whaley Bridge
Derbyshire
England
Email address: copyright@themovieworks.org.uk
Phone: 01663 733882

 

INTELLECTUAL PROPERTY

The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, images, illustrations, games, audio clips, video clips, movies, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the “Materials”), are the property of Movie Works or its licensors and are protected by copyright, trademark and other intellectual property laws and treaties. MOVIE WORKS name, design and related marks are trademarks of Movie Works L.L.C. © 2013 Movie Works (Yorkshire) LTD. All rights reserved.

Movie Works hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. Movie Works, content providers and content providers' licensors do not transfer any title, right or interest to or in any Materials to you. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, sell, rent, lease, transfer, sublicense, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third party website) without express prior written consent of Movie Works. Use of Materials is only permitted with the express written permission of Movie Works and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer, modify or otherwise reduce the computer file in which the Materials are stored to a human-readable form. In addition, you may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Materials are wrapped or otherwise associated with, and you may not edit, modify, translate, or create adaptations of the Material.

This Section will survive the termination of your right to use this Site.

DISCLAIMER OF WARRANTIES

THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. MOVIE WORKS AND ITS LICENSORS AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, MOVIE WORKS AND ITS LICENSORS AND CONTENT PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MOVIE WORKS, ITS LICENSORS, ITS CONTENT PROVIDERS, ITS AFFILIATES, MOVIE WORKS FRANCHISEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT MOVIE WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.

INDEMNIFICATION

You agree to indemnify and hold harmless Movie Works, its licensors, its content providers, its affiliates, franchisees and any of their respective directors, officers, employees, agents, licensees or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.

DISPUTE RESOLUTION

All disputes between you and Movie Works arising or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) transactions effectuated through this Site; or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) shall be resolved by arbitration in the first instance. You will not participate in a class action or class-wide arbitration for any claims covered by this agreement. If this class action waiver is found to be unenforceable in a particular case, then this entire arbitration agreement shall be null and void in that case. This agreement shall be governed by the (exclusive) jurisdiction of the English courts. Movie Works reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. This provision will survive the termination of your right to use this Site.

TERMINATION

Movie Works may at any time and at its sole discretion terminate your right to use this Site.

GOVERNING LAW

These Terms and Conditions shall be governed by, construed and enforced by the (exclusive) jurisdiction of the English courts, without regard to its conflict of laws provisions.

RELIANCE ON INFORMATION

This Site may include publications with technical inaccuracies or typographical errors that may be corrected as they are discovered at Movie Works's sole discretion. Also, changes are periodically made to the information contained herein.

GENERAL

Except for the portion of these Terms and Conditions of Use specifically labelled, which govern all subscriptions to the MOVIE WORKS online service, these Terms and Conditions of Use constitute the entire agreement between you and Movie Works with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto. In the event of an inconsistency between these Terms and Conditions of Use and the Membership Rules relating to your use of this Site, these Terms and Conditions of Use shall prevail. No failure by Movie Works or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.

 

MOVIE WORKS MEMBERSHIP TERMS AND CONDITIONS

In addition to the foregoing Terms and Conditions of Use, membership in the MOVIE WORKS service (“MOVIE WORKS”) is subject to the following additional Terms and Conditions, and to payment of the applicable periodic membership fee plus applicable taxes. Amount of the membership fee may be changed from time to time as provided herein. MOVIE WORKS membership is not transferable. The MOVIE WORKS membership term commences on the date you sign up for MOVIE WORKS membership and is valid with renewals until cancellation as outlined below (the “Membership Term”). By subscribing to MOVIE WORKS, you agree to be bound by these Terms and Conditions. You must be at least 13 years old and have Internet access, a valid email address to be a member of MOVIE WORKS. If you are between the ages of 13 and 18, you represent that you have received consent from your parent or guardian to be a member of MOVIE WORKS.

These Online Terms and Conditions are subject to change by Movie Works at any time, in its sole discretion, with or without advance notice. The most current version of the Terms and Conditions, which will supersede all earlier versions, can be accessed through the hyperlink at the bottom of this Site. You should review the Terms and Conditions regularly, to determine if there have been changes. Continued use of your MOVIE WORKS membership constitutes acceptance of the most recent version of the Terms and Conditions.

 

Membership.

MOVIE WORKS membership allow members to view content/products from MOVIE WORKS by paying a periodic fee. You can view as many products as you choose, up to the limit as defined in your membership details. MOVIE WORKS products may be any available product on www.themovieworks.org.uk for rental as part of the MOVIE WORKS service.

You may have only 1 MOVIE WORKS membership per email address at any one time.

 

Access to Your MOVIE WORKS Online Account.

If you opt for the “Remember me” feature for your MOVIE WORKS account, a cookie helps Movie Works recall certain items of your specific information on subsequent visits, including your user name and password. When you return to MOVIE WORKS, the information you previously provided can be retrieved, so that it is not necessary to enter your user name and password to access certain functionality. While cookies are a convenience, please remember that if you elect the “Remember Me” option, anyone who can access the computer you are using will have the ability to access your account for certain functions and view certain information about your account, including viewing and making changes to your rental queue. Certain functions, such as accessing your complete Payment Card information, cannot be viewed through the use of cookies.

Consent to Electronic Communications.

You consent to receive communications from Movie Works about your MOVIE WORKS membership electronically, either by e-mail or by notices posted on this Site, as determined by Movie Works in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by Movie Works in writing is satisfied by such electronic communication. You agree that Movie Works may send you e-mails which include notices about your account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of your subscription and your relationship with Movie Works.

Pending Charges for Payment Cards.

If your Payment Method is a credit or charge card (the “Payment Card”), you also authorize Movie Works to place a pending charge to your Payment Card when you sign up for membership, and prior to each subsequent periodic charge. Pending charges are used to verify your billing address and the validity of your Payment Card, are temporary (typically 3 to 7 days in length), and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your Payment Card in the amount of 1p per pending charge.

Fees Relating to your Payment Method.

You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.

Promotional Offers.

From time to time, in Movie Works's sole discretion, Movie Works may offer a reduced membership fee for the MOVIE WORKS service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory offer for new customers, at the time of registration for the MOVIE WORKS service, your Payment Method will be charged the promotional price plus applicable taxes for the promotional period. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic membership fee plus applicable taxes will be charged to your Payment Method for each automatic renewal following the end of the promotional period. Terms of the promotional offer, including the promotional price and duration of the promotional price, may vary from time to time. Specific details of your offer not covered in these Terms and Conditions will be explained on the web page on which you land prior to beginning the sign-up process or as part of the sign-up process.

Free Trials.

From time to time, in Movie Works's sole discretion, Movie Works may offer a free trial period to first-time customers, limit 1 per household and/or Payment Method provided. Where such an offer is made, at the time of registration for your free trial, your credit or check card will be authorized for 1 month of service plus applicable taxes, though your Payment Card will not be charged for the duration of the free trial period. Other terms of free trial offers, including duration of free trial, may vary. Specific details of your free trial not covered in these Online Rental Terms and Conditions will be explained on the web page you land on prior to beginning the sign-up process or as part of the sign-up process. Your trial period begins the day you sign up for MOVIE WORKS membership.

Upon completion of the free trial period, your subscription to MOVIE WORKS will renew automatically on a monthly basis regardless of the length of your free trial period. The first day following the expiration of your free trial period will be your anniversary date for billing purposes during your Membership Term. Your Payment Method will be charged the recurring monthly membership fees and any applicable sales tax on the day following the expiration of your free trial period unless you have chosen to cancel your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. You will not receive any notification from Movie Works at the expiration of your free trial. Please note the expiration date of your free trial for your records.

Membership may be cancelled or modified at any time prior to the end of your free trial through the “My Account” link on the Site.

Expiration Date and Refusal of Charges to Your Payment Card.

If your Payment Card reaches its original expiration date, your failure to cancel your MOVIE WORKS membership constitutes authorization for Movie Works to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any periodic membership fee, you have a period of 9 days from the date that your Payment Card was declined to make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information at www.themovieworks.org.uk. If Movie Works is able to charge your Payment Card (existing or new, if you have provided new Payment Card information,) during the 9-day period and any past due MOVIE WORKS membership fees are paid, then MOVIE WORKS benefits will continue uninterrupted and this Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your MOVIE WORKS membership is cancelled (your original anniversary date will still apply) and will be your Payment Card for all purposes. If Movie Works is unable to charge your Payment Card (existing or new, if you have provided new Payment Card Information), within the 9-day period, then your MOVIE WORKS membership will be indefinitely suspended beginning on the 10th day from the date your Payment Card was initially declined. For the 30 days immediately following the suspension day, Movie Works may attempt to charge the Payment Card the periodic membership fee every 10 days. If the charge is accepted, then your MOVIE WORKS benefits will be reinstated as of the date the charge is accepted. This charge date now becomes your new periodic anniversary date and the Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your MOVIE WORKS membership is cancelled and will be your Payment Card for all purposes.

From time to time, Movie Works may avail itself of account updating services provided by the Payment Card Industry, including, without limitation, VISA's Account Updater program or MasterCard's Automatic Billing Updater program. By subscribing to MOVIE WORKS, you hereby agree and authorize Movie Works to update your Payment Card or similar account information and charge any updated Payment Card in accordance with the terms and conditions of such account updating programs.

Cancellation by You.

The initial periodic MOVIE WORKS membership fee is valid for an initial membership period starting on the date your paid membership begins and continuing through the periodic anniversary date. For example, if you are on a free trial membership and your free trial expires on June 17 and your paid MOVIE WORKS membership begins on June 18, your initial membership fee entitles you to MOVIE WORKS benefits until July 18 and your Payment Method will be charged on July 18 (the anniversary date) for the period of July 19 through August 18. You can cancel your MOVIE WORKS membership at any time and you will not be charged for any additional renewals. For example, if your anniversary date is the 5th of each month and you cancel your MOVIE WORKS membership on Oct. 20, then you will not be charged on Nov. 5 (for the Nov. 6 - Dec. 5 period) and your MOVIE WORKS Membership Term will terminate on Nov. 5. However, if you cancelled on Oct. 2, then your MOVIE WORKS Membership Term would terminate Oct. 5. To cancel click on My Account, then click on Cancel My Account and follow the directions to complete the cancellation. When you cancel, you will be asked to provide Movie Works with certain information regarding your reason for cancellation. There are no refunds for any time period (or portions thereof) already billed or paid for. Upon cancellation, Movie Works will stop supplying MOVIE WORKS services and products to you on the date you cancelled or 10 days prior to the effective date of termination, whichever is later.

 Modifying of MOVIE WORKS Membership.

You may modify your MOVIE WORKS membership, go to www.themovieworks.org.uk, go to “My Account,” and request to modify. You will be asked to give your authorization to the new periodic membership fee. By modifying your MOVIE WORKS membership, you are also agreeing and directing Movie Works or its agent to continue to automatically renew your new MOVIE WORKS membership on each monthly anniversary date applicable to the new membership, for the applicable membership fee (plus taxes) by charging your Payment Method until your MOVIE WORKS membership is cancelled as provided herein. The new membership will begin on the day which would have been the anniversary date of the prior membership. When you modify your MOVIE WORKS membership, any outstanding MOVIE WORKS transactions will automatically transfer to your new MOVIE WORKS membership.

Movie Works initiated Cancellations.

Movie Works may suspend or cancel a MOVIE WORKS membership account, or otherwise restrict your use of MOVIE WORKS, in Movie Works sole discretion, with or without cause.

Fraud, Abuse or Piracy.

Fraudulent or abusive practices may result not only in cancellation of your MOVIE WORKS membership account and charges to your Payment Method, but also in actions by Movie Works for recovery of civil damages as well as referral for criminal prosecution. Services and products provided by Movie Works are for personal, non-commercial use only. Movie Works does not condone unauthorized copying, distribution or other infringement of protected intellectual property of Movie Works or of third parties.

Cancellation or Changes to Program by Movie Works.

Movie Works may make changes to the MOVIE WORKS service, including, without limitation, any promotional offers and free trials or availability and amount of e-coupons or other free offers, at any time, and from time to time, without prior notice. In addition, Movie Works may change the MOVIE WORKS periodic membership fees and the number or composition of permitted services and products from time to time, provided, however, that Movie Works will give prior notice via e-mail of any change to the periodic membership fees or price or the number or composition of permitted services and products that will adversely affect you. You agree that, unless you cancel your membership prior to the effective date of the change, you will be charged the new applicable MOVIE WORKS periodic membership fee (plus applicable taxes) on each anniversary date after the effective date of such change, and you authorize Movie Works to charge the new applicable periodic membership fee (plus applicable taxes) to your Payment Method. Movie Works reserves the right to suspend or end the MOVIE WORKS service (including, without limitation, ceasing to offer the MOVIE WORKS membership, promotional offers or free trials) without prior notice, in Movie Works sole discretion. Movie Works also reserves the right to suspend or end the MOVIE WORKS service or certain aspects thereof in certain geographic areas without prior notice. You agree that membership in MOVIE WORKS does not involve an extension of credit or a retail instalment sale since Movie Works does not impose a finance charge and you may cancel membership at any time. Void where prohibited.

 Payment Methods.

Movie Works will accept only the following major credit cards for purchases of services and product on MOVIE WORKS: MasterCard, Visa, Discover and American Express. In addition, Movie Works will accept check cards issued by MasterCard, Visa, Discover and American Express for the services and products on MOVIE WORKS. These payment methods are referred to as "Retail Payment Method."

Electronic checks will not be accepted for the purchase of Retail Products. Similarly, cash on delivery (COD) is not available for purchases of Retail Product either.

Movie Works reserves the right to change the Retail Payment Methods accepted at any time, at its sole discretion, without prior notice.

Your Retail Payment Method will be charged when you submit your order for a Retail Product at checkout. You will be charged for the total cost of the items, plus all applicable taxes and shipping and handling.

Sales Tax Policy.

Movie Works will charge all applicable taxes.

  

Viewing Terms:

Purchased services have a viewing period (the Viewing Period), which begins on the day and time of purchase and ends on the end date and time after the Viewing Period provided to you by Movie Works at the date and time of purchase.

Consent to Electronic Communications:

You consent to receive communications from Movie Works about your membership or purchase, either by e-mail or by notices posted on this Site, as determined by Movie Works in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by Movie Works in writing is satisfied by such electronic communication. You agree that Movie Works may send you e-mails which include notices about your account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of your Service and your relationship with Movie Works.

Cancellation or Changes to Products and/or Services by Movie Works:

Movie Works may make changes to the Service, including, without limitation, the fees, at any time, and from time to time, without prior notice. Movie Works reserves the right to suspend or end the Service without prior notice, in Movie Works sole discretion. Movie Works also reserves the right to suspend or end the Service or certain aspects thereof in certain geographic areas without prior notice. Void where prohibited.

 

MOVIE WORKS STREAMING TERMS AND CONDITIONS (“Streaming Terms and Conditions”)

In addition to the foregoing Terms and Conditions of Use, streaming movies and/or other programming on this Site is subject to the following additional Streaming Terms and Conditions. By streaming, you agree to be bound by these Streaming Terms and Conditions, which are subject to change by Movie Works at any time, in its sole discretion, with or without advance notice. Further, Movie Works reserves the right, at its sole discretion, to update, change, modify, add or remove any portion of the Service, in whole or in part, at any time. Changes to these Streaming Terms and Conditions will be effective when posted. The most current version of the Streaming Terms and Conditions, which will supersede all earlier versions. You should review the Streaming Terms and Conditions regularly, to determine if there have been changes. Continued use of the streaming service on this Site constitutes acceptance of the most recent version of the Streaming Terms and Conditions.

Persons Under the Age of 18.

You must have Internet access, a valid email address, and a valid payment method and agree to the Movie Works Software License Agreement in order to stream movies and/or other programming on this Site. All materials, including graphic files, audio files, video files, movies, text, hyperlinks, interlinks, search engines, and other content that Movie Works and/or its affiliates and subsidiaries makes generally available (“Site Content”) or makes available only to registered users of this Site pursuant to a fee-based license pursuant to the "Premium Content" section below are intended only for those persons over the age of 18. (Site Content and Premium Content shall be collectively referred to as “Streaming Content”). As such, in order to register for the MOVIE WORKS streaming service (the “Service”) and/or obtain any of the Premium Content available through the Service, you represent that you are at least 18 years of age or older, or that you are between the ages of 13 and 18 and have received consent from your parent or guardian.

Acceptance of Terms and Registration.

Complying with Terms.

In consideration for visiting this Site, using the Services, and/or accessing any Premium Content you agree to comply with these Streaming Terms and Conditions. You agree that you will not (i) attempt and will not assist or encourage anyone else to alter or change the software or any application related to the Service, or (ii) use the Service or Streaming Content for any commercial purpose. You acknowledge that Movie Works may (1) discontinue the Service, and/or (2) modify the terms under which you can use the Service and/or the Site Content and in any case, Movie Works will have no liability to you as a result of such changes. In addition, if you purchase the right to view Premium Content as set forth below, you further agree to (a) download and/or stream and install Movie Works's proprietary software application, the Movie Works Movielink player, and comply with the accompanying Movie Works Software License Agreement; (b) make timely and satisfactory payment for any Premium Content purchased by you; (c) provide Movie Works with accurate, complete and true information about yourself as required (your “Registration Information”) in order to create an account (when and if available) for use of the Service (your “Account”); and (d) maintain and update, as applicable, your Registration Information with current and complete information. Movie Works reserves the right to decline to do business with you for any reason or no reason. If you violate these Streaming Terms and Conditions, or provide inaccurate, false, or non-current Registration Information or credit card information we may, at our sole discretion, suspend or terminate your Account, and terminate your access to the Service, with or without notice to you; and in such case you agree to destroy any copy of Download/Streaming Content that you have in your possession. Furthermore, Movie Works may, in its sole discretion, pursue any other available rights or remedies at law or in equity for a violation of these Streaming Terms and Conditions or its (or its licensor's) rights under copyright.

Payment for Premium Content.

Movie Works charges a license fee each time you license the right to view Premium Content through the Service (“License Fee”). The License Fee price will be made available to you at the time of purchase. Payment for such Premium Content may be made by credit or debit card, mobile phone payment and you hereby authorize Movie Works and/or its authorized agent to transact such payments on your behalf as License Fees accrue. In addition, if you authorize us to do so, we will retain your credit card or other payment information, as applicable, in our database to facilitate your checkout process for future Premium Content transactions. You agree and acknowledge that if you fraudulently report your credit card used to obtain the Premium Content from the Service as stolen, or you fraudulently report that an authorized charge by Movie Works and/or its authorized agent is unauthorized, Movie Works may, in its sole discretion, pursue any available rights or remedies at law or in equity, including, without limitation, the right to terminate this Agreement and your ability to use the Service.

License to Site Content and Premium Content.

Premium Content License.

Premium Content includes video content offerings in which you pay a specific fee to have the right to view such video content for a limited specified time period (“Rental Content”). All other rights in any Premium Content are reserved by the applicable Premium Content providers, their licensors and the copyright holders, and any other use is strictly prohibited.

Rental Content License.

Upon payment of the initial License Fee, Movie Works will grant you a non-exclusive, non-transferable, limited right and license to view, use and privately display in your Residence (defined below) or for Permitted Non-Residential Use (defined below), the Rental Content purchased by you, by way of 1 computer (or other device specifically authorized by Movie Works) connected to the Service over the Internet, provided that you comply fully with these Download/Streaming Terms and Conditions. You shall not be permitted to download, copy or move the Rental Content from its originally stored location. The initial license to the Rental Content is limited in its term and duration to the specified rental period from its original date and time of purchase. You understand and agree that you will not be able to access and view such Rental Content upon expiration of the license term and that the Movie Works Software will automatically prevent further viewing without further notice to you. For purposes of these Streaming Terms and Conditions, the following definitions will apply: (i) "Residence" shall mean a private, residential dwelling unit or a private individual office unit, but excluding hotel rooms, motel rooms, hospital patient rooms, restaurants, bars, prisons, barracks, drilling rigs and all other structures, institutions or places of transient or work-related residence as well as places, areas, structures, rooms or offices which are common areas or open to the public or to occupiers of separate Residences or for which an admission fee is charged; (ii) "Permitted Non-Residential Use" shall mean the private viewing by 1 or more persons on a video monitor (desktop, television monitor, laptop, hand-held device or otherwise) in a Non-Residential Venue (defined below); provided, however, that any such viewing for which an access fee or other admission charge (except a per viewing charge) is imposed (other than any fee related only to access such Non-Residential Venue for other general purposes) or any such viewing that is on a monitor provided by such Non-Residential Venue (or by a third party under any agreement or arrangement with such Non-Residential Venue) for display of programming in a common area shall not constitute a "Permitted Non-Residential Use;" and (iii) "Non-Residential Venue" shall mean any place, area, structure or room other than a Residence.

Retained Content License.

Upon payment of the License Fee, Movie Works will grant you a non-exclusive, non-transferable, limited right and license under copyright to view, use and privately display in your Residence or for Permitted Non-Residential Use, the Retained Content purchased by you, subject to the following rules:

You may never retain a permanent copy of the Retained Content on the hard drive of your personal computer (or any other device unless specifically authorized by Movie Works).

You agree and acknowledge that you shall not acquire any ownership rights by downloading or streaming any Retained Content from the Service, and this license granted to you as set forth in these Streaming Terms and Conditions does not transfer or grant any ownership rights to you, nor act as waiver any rights of Movie Works, its licensors or the copyright owners with respect to any Retained Content.

You may not re-sell, re-distribute, sublicense or otherwise transfer any right or license in the Retained Content, or use the Retained Content in any manner other than as set forth above or as otherwise stated on the Site at the time you purchase the Retained Content. Any additional usage rules set forth on the Site shall become part of, and are incorporated into, these Streaming Terms and Conditions.

Minimum Specifications.

The Service will operate only on those hardware and software platforms specified on the Site. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the Service. Movie Works reserves the right to cease supporting any hardware or software platform at any time, with or without notice.

Streaming

You acknowledge that Movie Works and/or its authorized third party providers and affiliates may issue upgraded versions of the Service and Movie Works Software required to be streamed by you from time to time, and may automatically electronically upgrade the version of the Movie Works Software.

TITLE

Title to Site Content

Movie Works is the exclusive owner and proprietor of the Service. The Movie Works Software is owned by Movie Works (Yorkshire) LTD (“MovieWorks”). You acknowledge and understand that certain modules of the Movie Works Software may contain third party technology. Your use of such third party technology contained in the Movie Works Software is subject to the same restrictions and limitations as your use of the Movie Works Software. All Rights Reserved.

Title to Premium Content

The Premium Content provided by Movie Works or third parties through the Service is the property of Movie Works and/or its subsidiaries and its licensors. Such Premium Content delivered to you hereunder is licensed to you and not sold, transferred or assigned to you. Title, ownership rights and intellectual property rights in and to such Premium Content is the property of either Movie Works or third-party content owners or copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, these Streaming Terms and Conditions gives you no express or implied license or right to the Premium Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Premium Content.

Termination

Termination for Breach

These Streaming Terms and Conditions (and therefore your license granted herein, including the license to use any Premium Content) shall terminate automatically and immediately if you fail to comply with any of the limitations or requirements described in these Streaming Terms and Conditions and in such case you must destroy any copy of Premium Content (including any Retained Content) that you have in your possession. No notice shall be required from Movie Works to effectuate such termination.

Termination for Any Reason

In addition, Movie Works reserves the right to terminate these Streaming Terms and Conditions and discontinue access to the Service at any time for any reason upon posting notice thereof on the Site. Further, Movie Works reserves the right to modify, suspend or discontinue any aspect of the Site at any time without notice to you and Movie Works will not be liable to you should it exercise such rights.