Terms Of Service

These are Family Values Cinema’s Terms of Service (“FVC Terms”).  These FVC Terms are additional terms as set forth in the Home Entertainment Direct Terms of Use, and form a legal agreement between you (together with any business, entity or organization you are representing, “Member,” or “you”) and Home Entertainment Direct , Inc. as Family Values Cinema’s parent company (referred to herein as “FVC,” “we” or “us”) (collectively, the “parties”).  The FVC Terms govern your access to and use of the Family Values Cinema website and subscription services (collectively, the “Services” or “Family Values Cinema”).

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF FVC TERMS 
 

1a.  The Services are offered to you conditioned upon your acceptance without modification of these FVC Terms, FVC’s Privacy Policy, as well as any other guidelines, rules or operating policies that FVC may establish and post from time to time, all of which are hereby incorporated by reference.  By using, visiting or clicking the 'I accept these terms and conditions' button upon your registration for the Services, and each time you access or use the Services, you accept the terms and conditions contained and referenced herein.  If you do not agree to these FVC Terms, you may not purchase, use or access the Services.

1b.  You acknowledge that, from time to time, it may be necessary for Family Values Cinema to update or revise certain provisions of these FVC Terms. FVC reserves the right to change the terms, conditions, and notices under which it offers the Services at any time and without notice, and reserves the right to (temporarily or permanently) discontinue, revise, modify or update any or all other aspects of the Services in its sole and absolute discretion, and FVC will not be liable to you or any third party for any such modification, suspension or discontinuation of the Services.  Any such modifications will be deemed effective immediately upon posting of the modified terms, and your continued use of the Services following any such modification will be deemed your acceptance of the modified terms. Please check the FVC Terms periodically for changes.  The terms of the current version will supersede any prior versions.

1c.  If you do not agree to any of these FVC Terms, or any future changes made to these FVC Terms, your exclusive remedy is to cancel your subscription to the Services.  Except as otherwise expressly provided herein, any new features, tools or products that change, augment, enhance, or upgrade the current Services will be subject to these FVC Terms.

2. PRIVACY POLICY  Any information submitted on the Family Values Cinema web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

3. OUR SERVICES  Family Values Cinema offers a DVD subscription service providing our members with specially pre-selected DVDs on a monthly basis.

4. MEMBERSHIP AND PAYMENT

4a.  You may subscribe to FVC on an ongoing monthly membership plan or as a gift.  For the ongoing membership plan, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, plus any applicable tax and shipping and handling charges. For gift subscriptions, you will be charged for the full term you select up front.  Billing shall indicate either a charge or debit against your credit card or Debit card. The subscription fee plus applicable tax, shipping and handling will be billed upon the shipment of your first month's DVD and on each monthly renewal thereafter unless and until you cancel your membership by emailing us at customerservice@familyvaluescinema.com or calling 1-800-768-9606.

4b.  Your Family Values Cinema monthly subscription will be automatically renewed on a monthly basis. For your convenience, we will bill the monthly subscription fee plus any applicable tax, shipping and handling charges to the credit or debit card that you provide to us during registration (or to a different card if you change your account information). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.  If FVC is for any reason unable to effect automatic payment via your credit card, FVC will attempt to notify you via email and your access to the Services may be disabled until payment is received.  You are responsible to notify FVC of any changes to your credit card information and to update your information if your credit card has expired.  FVC may discontinue or otherwise interrupt your access to the Services if you fail to so notify FVC.

4c.  You are required to notify SCC of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement.  If you do not do so, you waive any right to dispute such problems or discrepancies.

4d.   Family Values Cinema uses the U.S. Postal Service and UPS in the United States and Canada to deliver Family Values Cinema's monthly DVD selections. Orders will generally be processed within 72 hours of receipt, however, the delivery times may vary depending on your registration date, the available inventory, your delivery address and any circumstances that may impact the US Postal Service.

5. CANCELATIONS/RETURNS

5a.  You may cancel your monthly membership at any time, simply by calling us during regular business hours on our customer service line at 1-800-768-9606 or by emailing us at customerservice@familyvaluescinema.com. Please allow us one month to process cancelation requests. You must cancel your membership before it renews in order to avoid billing of the following month’s subscription fees to your credit card. Family Values Cinema does not provide refunds or credits for any partial monthly subscription period.

5b.  Defective DVDs may be returned for a replacement within 90 days of our mailing.  Please contact our customer service at 1-800-768-9606 or by emailing us at customerservice@familyvaluescinema.com for instructions on how to return the defective DVD(s).

6. USE OF SERVICE In consideration of your use of the Service, you agree to use the Service as intended by Family Values Cinema, and to refrain from any misuse of sites, services, and/or systems made available by Family Values Cinema. Misuse of the service includes but is not limited to any action described below, or that compromises Family Values Cinema's sites, services, systems and/or any information contained therein. Misuse of the service will be prosecuted to the fullest extent of the law.

1. upload, post, email or otherwise transmit any content, including but not limited to e-mail communications, information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content"), that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Family Values Cinema employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content, including but not limited to e-mail commentary, transmitted through the Service;
5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. access, collect or store personal data about other users.

7. INDEMNIFICATION AND TERMINATION You will indemnify Family Values Cinema, its managers, officers, directors, shareholders, members, employees and assigns and it's affiliated and subsidiary companies, affiliates, community partners, agents, vendors, licensees and each of its successors, licensees, heirs, assigns of each from and against any and all claims, losses, damages (including, reasonable attorney's fees) constituting and arising out of a breach of any of the provisions of these Terms of Service, including, without limitation, your placement or transmission of any content onto the Family Values Cinema's servers and/or from any and all use of the Family Values Cinema's website.

If we believe that at any time you have violated any of these Terms of Service we may terminate your access to the Family Values Cinema's website and membership subscription.

1. your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Family Values Cinema expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. Family Values Cinema makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
3. any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. no advice or information, whether oral or written, obtained by you from Family Values Cinema or through or from the service shall create any warranty not expressly stated in the terms of service.

9. LIMITATION OF LIABILITY You expressly understand and agree that Family Values Cinema shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Family Values Cinema has been advised of the possibility of such damages), resulting from:

1. the use or the inability to use the service;
2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
3. unauthorized access to or alteration of your transmissions or data;
4. statements or conduct of any third party on the service; or
5. any other matter relating to the service.

10. SECURITY AND ACCESS  For transmitting personal information, such as when you use a credit card to register, we use a secure server (SSL), which encrypts all of your personal information.  This encryption process ensures that the information you give us is protected against unauthorized access.  While we take precautions to ensure that your information is secure on our system and in most cases transactions are completed without difficulty, we cannot guarantee “perfect security” on the Internet or offline and we are not responsible for the success or security of your transactions.

11. GOVERNING LAWS These terms of use shall be governed and construed by the laws of the State of California. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. Any disputes should first be brought to the attention of Family Values Cinema. If resolution is not reached, these may be submitted for arbitration in California.

Family Values Cinema's Terms of Use were updated on June 15, 2009