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ODEON Direct Terms & conditions

Amended 5 November 2008

We wanted to let you know of a change to the Lovefilm group, which operates ODEON Direct. With effect from 1 November 2008, your contract and account information were transferred from Lovefilm International Limited to Lovefilm UK Limited. Lovefilm UK Limited is another member of the Lovefilm group of companies. Don’t worry, everything else stays the same and you don’t have to do anything. We have made the small changes necessary to our Terms and Conditions and Privacy Policy to reflect this transfer.

  1. AGREEMENT TO TERMS AND CONDITIONS
    • Acceptance of Terms and Conditions
      1. The website odeondirect.co.uk is owned and operated by LOVEFiLM UK Limited, trading as LOVEFiLM. References to "we", "us", or "our" are references to LOVEFiLM. References to "the website" are references to ODEON Direct. We are a company registered in England and Wales (company number 6528297), and our address for correspondence is No 9, 6 Portal Way, London, W3 6RU.
      2. Your use of this website and membership of ODEON Direct is at all times subject to these terms and conditions and all applicable laws. By accessing our website you agree to our terms and conditions set out below. If you do not agree to these terms and conditions, you must exit our website immediately.
    • Changes to Terms and Conditions
      1. We may change these Terms and Conditions at any time. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. It is your responsibility to check the Terms and Conditions on each occasion that you access the website.
  2. WEBSITE USE TERMS AND CONDITIONS
    1. Subject to agreeing to these Terms and Conditions, you may view this website using your web browser and electronically copy and print hard copies of parts of this site for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any material from this website (whether downloaded or not) is strictly prohibited.
    2. You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
    3. You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal or immoral purpose.
    4. Some of the content provided on this website may not be suitable for children. We allow parents or guardians to configure a filtered access to this website and we advise parents or guardians to supervise their children's use of this website.
    5. As with any online interaction and electronic communication, there is an inherent risk involved in transmitting and receiving information via the internet. We do not guarantee that the system is free from hackers or viruses or that information provided by users to us will not be stolen or otherwise surreptitiously obtained. ODEON Direct is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this website or with respect to any of the materials contained on this website.
    6. Neither ODEON Direct nor any third-party provider of content for the website warrants that the website or its content will be uninterrupted or error free, free from viruses or security breaches. The website content is not guaranteed to be accurate, timely or verified. The website and the website content are presented and distributed on an "as is" and "as available" basis.
  3. MATERIAL ON THIS WEBSITE
    • Copyright
      1. All materials (including software and content whether downloaded or not) contained on this website are owned by ODEON Direct, our affiliates and/or licensors, unless indicated otherwise. You agree and acknowledge that you shall not acquire any ownership rights by downloading any content from this website. The material may not be used except as provided for in these terms, without our written permission.
    • Trade marks
      1. All trade marks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any licence or right to use, alter or remove such material.
    • Disclaimer of contents
      1. We permit members to post reviews on the website and submit other content such as recommendations, critiques, suggestions, ideas, comments, images, questions, or other information. All opinions or statements made by members or other third parties on the website are those of their respective authors or producers and not of ODEON Direct. We have no liability for any loss or damage caused by your reliance on such information.
      2. You agree that you will not post content that is illegal, obscene, defamatory, threatening, invasive or a breach of privacy, infringes intellectual property rights, or is otherwise injurious to us or any third party. We reserve the right (but not the obligation) to remove or edit such content at our absolute discretion.
      3. You agree that in respect of any information that you post, send or otherwise communicate on our website or by correspondence directly to us, you grant us a non-exclusive royalty-free licence to display, use, reproduce or modify that information on any ODEON Direct-powered websites, newsletters and any other platform including on mobile phones or television. We may use such information without compensation or acknowledgement to you for any purpose whatsoever, including but not limited to marketing, developing, improving or otherwise modifying our website or our business. Any information you submit is subject to our Privacy Policy. Please familiarise yourself with our Privacy Policy.
      4. We do not accept any responsibility for the contents of any third party website that may be linked to the ODEON Direct website by way of hypertext links or other means of reference. You may not link ODEON Direct's website to another website without our prior written consent.
  4. JOINING US
    1. To join ODEON Direct or receive any of our services:
      1. you must be at least 18 years of age. Persons under the age of 18 are not permitted to join ODEON Direct;
      2. you must live in the United Kingdom (including Northern Ireland);
      3. you must have a valid credit or debit card;
      4. you agree to provide us with personal details (including your name, email address, postal address and credit card details) that are true and current, and you agree to update us if at any time your personal details change by using the appropriate functions in the "Your Account" section of the website.
    2. We may refuse any application to join ODEON Direct or receive our services for any reason whatsoever.

    5. DVD RENTAL TERMS AND CONDITIONS

  5. FREE TRIAL
    1. A free trial is available to new DVD Rental subscribers only. Existing subscribers, or those who have previously enjoyed a free trial period with any member of the LOVEFiLM group of companies (including ScreenSelect), or any website powered by LOVEFiLM is not eligible and will be billed normally for use of the service. Please contact customer services for a full list of LOVEFiLM-powered sites.
    2. The free trial is available only once to one member of a household. Subsequent free trials by the same person, or at the same address, are not permitted. You may receive a free trial in respect of only one membership level. Subsequent free trials of different membership levels are not permitted.
    3. At the end of your free trial, you will automatically become a paying member unless you cancel your membership and return any of our discs in your possession BEFORE the end of your free trial. For further information please see the section on "Cancellation" below.
  6. PAYMENT OF SUBSCRIPTIONS
    1. You agree that we may charge your credit or debit card the appropriate monthly membership subscription amount on the day immediately after your free trial ends (if applicable) or the first day you subscribe if you are not eligible for a free trial. For details of our membership levels, please see our Help Centre section. The date of the month that we first charge your credit or debit card will be your "Billing Date". Thereafter, we will continue to charge your credit or debit card monthly on your Billing Date until you cancel your subscription (see below) or change your membership level.
    2. If you wish to cancel your subscription you must ensure you have completed the cancellation before your Billing Date to avoid being charged a further month's subscription. We do not provide refunds for cancellations part-way through the billing period.
    3. You agree to update your credit card details provided to us in a timely manner and to ensure that your credit card has sufficient credit to allow your subscription to be processed. If we are unable to successfully charge to your credit or debit card any amount properly payable by you within 28 days of the due date of such amount, we may engage a debt recovery agent to recover such unpaid amounts, including any costs and expenses incurred as a result of taking such action.
    4. You agree not to hold us responsible for banking charges incurred due to payments failing on your account.
    5. We may, in our sole discretion, change the fees for any services at any time. We agree to notify you at least 30 days in advance of any change in fees.
    • Changing your membership level
      1. You may change your membership level at any time up to five days before your next Billing Date.
      1. You may upgrade or downgrade your ODEON Direct subscription as often as you like, within the relevant section of the ODEON Direct website. Any reduction in your bill will take effect at the next billing period after any outstanding discs have been returned to us. Any increase in your bill resulting from an upgrade will take effect immediately, being pro-rated to the remainder of your billing period, and the increase will be charged immediately (without changing any subsequent billing dates). Additional charges, resulting from an upgrade, are non-refundable.
      2. Please note, that any change to your subscription package or your delivery address details (including your postcode) during any free trial period, will result in the termination of the free trial and the start of your regular billing as described in the "Free Trial" section above.
    • Suspending your membership
      1. We will permit you to suspend ("freeze") your membership for up to 60 days in any 12-month period. We will not charge you your monthly subscription amount while your membership is suspended. Detailed instructions on how to freeze your membership can be found in our "Help Centre" section.
  7. ACCOUNT SECURITY
    1. You agree that you are solely responsible for maintaining the confidentiality of your account details and password and for restricting access to your computer. You will not hold us responsible for any unauthorised use of your account. You agree to take reasonable care in protecting your account from unauthorised use. You will take adequate steps to log out of your account and close all open browser windows when using publicly accessible computers (for example, computers in such locations as internet cafes, libraries, web enabled payphones, kiosks and other shared computers.) If you suspect unauthorised use of your account, you must notify us immediately by phone or email.
  8. DELIVERY OF DISCS
    1. Discs can only be delivered to addresses within the United Kingdom (including Northern Ireland and BFPO addresses); this excludes PO Box addresses.
    2. We use Royal Mail first-class prepaid envelopes to have discs delivered to you and returned to us. Delivery times may vary depending on where you live, when you make your disc selection, and circumstances impacting delivery by the Royal Mail. We reserve the right to use alternative delivery methods without prior notification.
    3. Although we allow you to prioritise the order in which we send you discs, we cannot guarantee that you will always receive the title in the order shown in your Rental Queue.
    4. You will not hold us responsible for any delays, outside our control, which relate to the mailing or delivery of discs.
    5. We provide you with one addressed, prepaid first class peel and seal reply envelope per disc sent to you to allow you to return the disc. If you lose the envelope for a disc we can send a replacement to you.
    6. You may also return any disc to us by placing the disc in its plastic case, putting the case into a standard envelope, and posting the envelope to:

      LOVEFiLM UK Limited
      FREEPOST RRAZ-ZJJS-XESH
      Peterborough
      PE2 6UB
    7. If you lose the plastic disc case, you agree to ensure the disc does not get damaged when it is returned to us. You agree that ODEON Direct may charge you £15 per disc for damage caused to discs returned without adequate protective packaging. Place the disc into a padded envelope, preferably with some thick cardboard to prevent it bending, and post it to the address above. Please include a note with your name and the email address used for your ODEON Direct account so that we can promptly match the returned disc to your account.
    8. We understand that occasionally discs are lost in the post. You agree to notify us promptly if you have not received, within 7 business days, discs that are recorded on your "Your Account" page as having been sent by us to you, or if we have not recorded as received, within 7 business days, discs that you have sent to us.
    9. We will not hold you liable for the cost of discs lost in the post provided that you promptly complete any applicable forms or declarations that we may require relating to the loss of such discs. You agree that we may charge you £15 for any disc lost in the post if you do not promptly complete such forms or declarations.
    10. We reserve the right to cancel your membership if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
    11. We cannot be held responsible for items belonging to you or those belonging to a third party, which are sent to us in error. Where possible, we will try to return these items, but are unable to compensate you for the loss of such items and we shall have no liability therefore.
  9. USE AND CARE FOR DISCS
    1. You agree that you will not infringe any intellectual property rights of any person including, without limitation, by copying, reproducing, screening, republishing or otherwise modifying any material owned by any person in any form whatsoever.
    2. You agree that you will be responsible for any viewing of any disc supplied by us to you and that any minor's viewing of any discs will be restricted by you consistent with any applicable film classification applied to that disc by the British Board of Film Classification.
    3. You agree to notify us immediately if any disc sent by us to you is defective and promptly return that disc to us. Following such notification we will send you another disc of the same title or another item from your Rental Queue as soon as practicable.
    4. You agree to treat the discs and their associated packaging with the utmost care at all times. You agree that we may charge your credit card if it is returned in an unreasonable condition (reasonable wear and tear excepted). In this event, we will give you advance notice before charging you. We will charge you £15 per damaged disc.
  10. CANCELLATION
    1. Requests to cancel your subscription must be made via the cancellation telephone service. The times of operation of this service can be found in the helpcentre section of the website. ODEON Direct reserves the right to change the method of cancellation. We must have received all returned discs before termination is effective. The termination will take effect from the day you cancel on the ODEON Direct website or the day all discs you have rented have been received by us, whichever is the later. If you cancel your subscription before your next Billing Date but we do not receive all outstanding discs from you before your Billing Date, we will charge you a further one month's subscription. You should therefore mail back any discs you have, leaving enough postal days for them to arrive with us prior to your Billing Date. We recommend posting them at least 5 working days prior to your Billing Date. When returning discs and cancelling your account, we recommend that these discs are sent by recorded/special delivery or that you obtain a 'Proof of Posting' certificate from the Post Office. Refunds will not be given for cancellations part-way through a billing period. You agree that we may charge you £15 for every outstanding disc that is not received by us within 30 days of cancellation of your subscription. If you were subscribed to our email communications, we will continue to send you these emails unless you choose to unsubscribe.
    2. We may cancel your subscription at any time. Without limiting this general right, we will cancel your subscription immediately and without notice to you if we have reasonable grounds to believe that you have breached any of these Terms and Conditions or behaved in a manner that we deem unreasonable or contrary to the spirit of these Terms and Conditions.
  11. DISCS REMAIN ODEON Direct PROPERTY
    1. All discs remain the property of ODEON Direct at all times. You agree not to resell any discs supplied by us to you, make them available to hire, or allow any such unauthorised or illegal use to occur.
  12. Gift Subscription Terms & Conditions
    1. The person activating this gift must be aged 18 years or over. A valid credit / debit card must be used.
    2. Your activation number is unique to your gift subscription. Please be sure to keep it in a safe place and not share it with anyone. ODEON Direct cannot be held responsible for lost or mislaid activation numbers
    3. Once activated, your gift will be valid for 5/10 weeks. For lost/damaged discs a charge may be incurred.
    4. Discs must be returned before your membership expires.
    5. At the end of your rental period you will automatically become a ODEON Direct member unless you cancel your membership and return all discs. ODEON Direct membership will include unlimited rentals on the 2 disc combination package at the standard monthly tariff as stated on the website.
    6. Valid for UK postal addresses (includes N Ireland and BFPO addresses - excludes PO boxes).
    7. Once activated, gift subscriptions are non-refundable.
    8. General ODEON Direct terms and conditions also apply.
  13. GENERAL TERMS AND CONDITIONS
    • Privacy
      1. We collect personal information about you through your use of this website and our services. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms and Conditions, and which may be accessed from our home page or by clicking here.
    • Promo codes
      1. Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
    • Disclaimer of warranties and limitations on liability
      1. This website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of discs, delivery of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website, or any conduct by users of the website. We reserve the right to deliver discs at our sole discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
      2. In no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
    • Applicable law
      1. This website is controlled by LOVEFiLM UK Limited. Your use of this website is governed by these Terms and conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the English courts.
    • Assignment by us
      1. You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.
    • Memberships are non-transferable
      1. ODEON Direct memberships are not transferable and therefore cannot be sold or traded.
    • No waiver
      1. If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
    • Force majeure
      1. We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
    • Third party rights
      1. Except as expressly provided for above, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

Amended 5 November 2008