• Terms & Conditions
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Terms & Conditions

Last amended: 26th January 2012

1 Terms and Conditions

1.1 Acceptance of Terms and Conditions

The website at www.lovefilm.co.uk (the “Website”) is owned and operated by LOVEFiLM UK Limited. References to "we", "us" or "our" are references to LOVEFiLM UK Limited. We are a company registered in England and Wales (company number 6528297), and our address for correspondence is: FREEPOST RRCA-EHAC-ZZKX LOVEFiLM UK Limited, London W3 6RU, United Kingdom (email: support@lovefilm.com). See clause 17 (LOVEFiLM's Contact Details) below for the address of our registered office. These terms and conditions ("Terms and Conditions") are deemed to incorporate our Privacy Policy and our End User Licence Agreement, which you should read together with these Terms and Conditions.

Your use of the Website and your use and/or purchase of LOVEFiLM's Products and Services whether accessed via the Website or any other Device is at all times subject to these Terms and Conditions as applicable (which forms a legally binding contract between you and us) and all applicable laws.

By accessing this Website or using and/or purchasing LOVEFiLM's Products and Services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Website and do not use and/or purchase LOVEFiLM's Products and Services.

1.2 Changes to Terms and Conditions

We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website and your use and/or purchase of LOVEFiLM’s Products and Services will be the version that is current and displayed on this Website as at each date you access this Website or use and/or purchase LOVEFiLM’s Products and Services (as applicable). Your use of this Website or your use and/or purchase of LOVEFiLM's Products and Services after changes are made means that you agree to be bound by such changes.

1.3 Membership and Billing

You can find the specific details regarding your subscription with LOVEFiLM including your next billing date, at any time by clicking on the relevant section of the website.

2 Joining Us - Minimum Criteria

2.1 Minimum Criteria

To become a Member of LOVEFiLM or use or purchase any of the LOVEFiLM Products and Services, as a minimum:

• you must be at least 18 years of age. Persons under the age of 18 are not permitted to join LOVEFiLM;
• you must live in the United Kingdom (including Northern Ireland); and
• you agree to must provide us with personal details (including your name, email address, postal address and valid payment details), that are true and current, and you agree to must update us (through the "My account" section of this Website) if at any time your personal details change by updating the relevant sections of the website.

2.2 Updating address details

If you change address, you must update your address details in the relevant section of the website to ensure that no DVDs are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any DVDs posted to the wrong address.

2.3 Refusal of application

We may refuse any application to join become a LOVEFiLM Member or receive to use or purchase any of LOVEFiLM’s Products and Services for any reason whatsoever. Please note that by supplying your telephone number on joining us you grant us permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.

3 Membership of and Subscription to LOVEFiLM

3.1 Becoming a Member

Provided that you meet the Minimum Criteria (see clause 2 (Joining Us - Minimum Criteria) above), you may register as a LOVEFiLM registered user of the Website free of charge (a "Member"). To become a Member you need to go to the relevant section of this Website, then submit your email address to LOVEFiLM and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

3.2 Access to and filtering of Content

Some of the content provided on this Website or via LOVEFiLM’s Products and Services may not be suitable for anyone under 18 years of age. Access to such content is disabled by default and not accessible to non-registered users. We allow Members to configure filtered access to such content, but also advise parents or guardians to supervise their children's use of this Website.

3.3 Membership

As a LOVEFiLM Website Member you will receive access to certain sections, features and functions of the Website that are not available to non-members. After you have become a Member of LOVEFiLM, you may also subscribe to use and/or purchase LOVEFiLM's Products and Services. Please note that there are additional Terms and Conditions that apply to your use and/or purchase of such LOVEFiLM Products and Services.

3.4 LOVEFiLM's Products and Services:

LOVEFiLM’s Products and Services include:

• the Rental Service (the additional terms and conditions for this service are set out in clauses 5, 7, 8, 9 and 10);
• the Pay As You Go Service (the additional terms and conditions for this service are set out in clauses 6, 7, 8, 9 and 10);
• the Watch Online Service (the additional terms and conditions for this service are set out in clause 12);and
the LOVEFiLM Facebook Application (the additional terms and conditions for this service are set out in clause 13);.

3.5 Other Terms and Conditions, Rules incorporated

Any terms and conditions, additional usage rules or similar on this Website or on a Device relating to any LOVEFiLM Product and Service that you use and/or purchase from us are deemed to be incorporated into these Terms and Conditions.

3.6 Changing fees and charges

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of LOVEFiLM’s Products and Services. We will notify subscribers by email at least 30 days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription online through the "My account" section of the Website.

4 Free Trial

4.1 Eligibility for a Free Trial

Free trials are only available to new subscribers to the LOVEFiLM Rental Service (and not the Pay As You Go Service, the Watch Online Service or any other product or service). Previous subscribers or triallists (of LOVEFiLM or any other service provided by the LOVEFiLM group of companies and any websites powered by Screenselect, Video Island or LOVEFiLM) do not qualify for a free trial. The free trial is available only once to any one person and to only one member of a household. Subsequent free trials by the same person at any address, or by another person at the same address, are not permitted. You must have internet access and valid payment details to redeem a free trial offer.

Upon registering for your free trial, your method of payment will be authorised for up to three months of service - to verify your identity, and to protect us from theft and fraud. Some banks or payment card companies may reflect this authorisation against your available balance or credit limit. No actual charges, however, will be made against the card if you cancel and return all discs to us prior to the end of your free trial.

Your free trial period will commence on the date registration is completed and the account is successfully created.

4.2 Billing Starts unless you Cancel

We will begin billing you at the end of your free trial, and thereafter on prescribed intervals, monthly unless otherwise indicated, for the LOVEFiLM Rental Service, unless you cancel prior to the end of your free trial. We will continue to bill you by your chosen payment method for the LOVEFiLM Rental Service until you complete the cancellation process. You must cancel your account (through the "My account" section of the Website) and return all discs to us before the end of your free trial to avoid charges. For instructions on how to do this, see clause 9 (Cancellation by you and Termination by us) below.

4.3 Changes to Package or Details during Free Trial

You may change (upgrade or downgrade) your subscription package once during a free trial. Any additional, subsequent change to your subscription package or any change at all to your delivery address details (including your postcode) during any free trial period will, in either case, result in the termination of the free trial and the start of your regular billing as described in this clause 4 (Free Trial).

4.4 Watch Online service on a Free Trial

If your free trial entitles you to a Monthly Allowance of online viewing time, the following provisions apply:

• if your free trial is for less than a month, you will receive the full Monthly Allowance for the package you have chosen for your free trial;
• if your free trial is for more than a month, you will receive the full Monthly Allowance for the package you have chosen to trial, rounded up to the nearest month; and
• your Monthly Allowance will expire at the end of your trial period

The Films you can watch as part of a free trial exclude any pay per view or transactional Films.

5 Rental Service

5.1 Payment

As a subscriber to LOVEFiLM, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of LOVEFiLM. The subscription charges for the LOVEFiLM Rental Service will be charged on the day immediately after your free trial ends (if applicable) or on the first day you subscribe to the LOVEFiLM Rental Service if you are not eligible for a free trial; and, from then on, on the calendar day corresponding to the commencement of your membership subscription (each, a "Subscription Renewal Date"). This charge will continue on each Subscription Renewal Date thereafter unless and until you cancel, and regardless of how much you use the service. We will automatically charge you, using your specified payment method, each period (monthly unless otherwise specified) (your "Subscription Month") on or after your Subscription Renewal Date. All fees and charges are non-refundable. If you wish to use a different payment method, or if there is a change in your card validity or expiry date, you may edit payment details through the "My account" section of the Website. We do not provide refunds for cancellations part-way through the billing period. Please note that should your account fall into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a £5 handling charge for all such cases. You agree not to hold us responsible for banking charges incurred due to payments on your account.

5.2 Changing your Rental Service Level

You may upgrade or downgrade your LOVEFiLM subscription Rental Service level as often as you like, through the "My account" section of the Website. Any upgrade or downgrade is measured by the different monthly costs of the Rental Services you are changing from and to, not by the features of those different services. Because our Pay As You Go Service is not a subscription service, if you are changing from or to that service, we calculate the value of that service based on the number of credits you have or wish to purchase. That value will be displayed on the relevant section of the Website before you choose to upgrade/downgrade. Any reduction in your bill resulting from a downgrade will take effect at the next billing period after any outstanding discs have been received 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. Any change to your subscription package during your free trial, will result in the termination of the free trial and the start of your regular billing.

5.3 Rental Service Disc Restrictions

All of our Rental Service packages allow you to have a maximum number of discs out on rent at any one time. Once you have received that maximum number of discs, you will not receive any further discs until we have processed discs that you have returned. In addition, some of our Rental Service packages only allow you to rent a certain number of discs in any one Subscription Month (known as "capped" or "limited use" packages). Once you have received that maximum number of discs in a given Subscription Month, we will not send you any further discs until after we charge your next monthly subscription fee to your credit/debit card, although you may be able to purchase extra rentals (see clause 5.4 below). You may not carry over any unused portion of your disc entitlement for a given Subscription Month to the next Subscription Month.

5.4 Extra Rentals

From time to time, if you have a capped package (i.e., a package that only allows you to rent a certain number of discs in any one Subscription Month), we may give you the option to purchase extra rentals to use in those Subscription Months when you have received the maximum number of discs your package allows. This option will not be available if you are on a free trial. If this option is available to you, you will be able to access it in the "My account" section of the Website. If you have purchased extra rentals, we will automatically send the next available disc(s) from your rental list (up to your at-home maximum) and adjust your extra disc rentals balance accordingly. The cost of each extra rental will be clearly displayed on the relevant page of the Website before purchase and will be added to your account and billed on your next billing date. Each extra rental will expire 3 years from the date of purchase. Extra rentals cannot be cancelled after purchase and will not be refunded if your subscription ends for any reason.

5.5 Account Holiday

From time to time, we may make available the facility for you to take an account holiday. Unless we specify otherwise, you can take an account holiday at any time for a period of up to 90 days (and a minimum of one week) by going to the "My account" section of the Website. If this facility is available, you will be able to take no more than two account holidays in any 12 month period. Any discs returned during your holiday period will not be exchanged for new ones until the last day of your holiday. If your account holiday is longer than 14 days then you must return all discs to us within 14 days of the start of your holiday or you may be regarded as continuing to receive the service and subject to the usual monthly subscription charges. Your account holiday will end automatically on the last day of the period you selected and you will not be billed during that period.

If your account holiday extends over a billing date, then at the end of your account holiday, we will adjust the following month's subscription charge on a pro rata basis to reflect the difference between: (a) the period between the date your account holiday started and the billing date following the start date; and (b) the period between the date your account holiday ended and the billing date following the end date. If your account holiday starts and ends between billing dates, then we will reduce the amount charged at the next billing date on a pro rata basis to reflect the length of the account holiday. During an account holiday you will not be able to use the Rental Service or any service or benefit you are entitled to receive in connection with it, such as the ability of unlimited rental subscribers to watch Films on a subscription basis on our Watch Online Service. If your rental package gives you a Monthly Allowance for our Watch Online Service, you will lose any remaining minutes when you start your account holiday. When your account holiday ends and you start paying for the Rental Service again, you will receive a Monthly Allowance on a pro-rata basis for that Subscription Month.

6 Pay As You Go Service

6.1 Introduction

We may from time to time offer a Pay As You Go Service, which allows you to purchase credits which can be redeemed for rentals, subject to these Terms and Conditions. Unless the Website states otherwise when you purchase the credits, each credit can be redeemed for one rental. With some Pay As You Go packages you may be able to rent games as well as DVDs. This section of the Terms and Conditions contains terms and conditions specific to the Pay As You Go Service. However, apart from clause 7 (which relates to subscription services) and clauses 10.1 and 10.2 (which relate to cancellation of subscription services), all other parts of these Terms and Conditions relating to the rental of DVDs and games also apply to the Pay As You Go Service. We changed certain aspects of our Pay As You Go Service on 17 March 2010. If you registered for our Pay As You Go Service before then, then you will be subject to the old terms and conditions, which you can read here. If you registered for our Pay As You Go Service on or after that date, then you will be subject to these terms and conditions in paragraph 6.

6.2 Billing

As a Pay As You Go customer, you agree that we are permitted to charge you for each batch of credits added to your account and any other charges that you may incur in connection with your use of Pay As You Go Service. The fee will be billed up front and each batch of credits must be used within 3 months of purchase (see clause 6.3 (Expiry of credits) below).

All fees and charges are non-refundable, with the exception of the money back guarantee (see clause 6.7 (Pay As You Go Money Back Guarantee) below). We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you wish to use a different credit card or payment method, or if there is a change in your card validity or expiry date, you may edit payment details through the "My account" section of the Website. Please note that if you continue to hold any discs when all your credits have expired (3 months from purchase) you will be charged for a new batch of credits. If we are unable to charge your credit/debit card and your account falls into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a £5 administration fee for all such cases.

6.3 Expiry of credits

Each batch of credits must be used within 3 months of purchase. The expiry date of each batch of credits you purchase will not change. If you have more than one batch of credits in your account, those nearest to expiry will automatically be used first. If you have not used up all your credits within 3 months, your old credits will be deleted and your account will be topped up automatically with a new batch of credits. If you still have credits in your account when you cancel they will remain valid for 3 months from the date they were purchased and may be used if you reactivate your account before this period has expired. You can find out how many credits you have left at any time through the "My account" section of the Website.

6.4 Automatic renewals

Your Pay As You Go account will be automatically topped up with a new batch of credits equal to the batch you last purchased when you have run out or when your credits expire, whichever is sooner (see clause 6.3 (Expiry of credits)). This will automatically occur when we dispatch the first disc from your new batch of credits. We will charge the fee to the debit/credit card that you provide to us during registration (or to a different payment method if you change your account information subsequently). Your service will automatically renew for successive top-ups, without prior notice to you, unless and until you cancel your service or we terminate it. You must cancel your service before it renews in order to avoid billing of top-up credits.

6.5 Account Changes and Purchasing Additional Credits

You may request more credits whenever you like through the "My account" section of the Website. If you purchase a new batch of credits before you have used all the credits in your account, the new batch will be added to your account once your card has been verified for the additional credits and you will be charged at this point. The new batch of credits will be added to your current credits and will expire within 3 months of its purchase date (see clause 6.3 (Expiry of credits)).

If you change to a higher package, the changes to your account will take place once your card has been verified for the additional credits and you will be charged at this point and a new batch of credits added to your account at the upgraded package price. The extra disc(s) will be dispatched to you as soon as possible. The new batch of credits will be added to your current credits and will expire within 3 months of its purchase date. If you change to a lower package, the change to your account will take place once you have the same number of discs out as specified in the downgraded package. The number of credits in your account will not change and no refund will be given. The expiry date of your credits will not change.

6.6 Cancellation

This clause applies to the cancellation of Pay As You Go packages instead of clauses 9.1 and 9.2 of these Terms and Conditions. You may cancel your membership of the Pay As You Go Service at any time. Cancellation requests may only be submitted through the "My account" section of the Website (follow the instructions under the heading "Cancel My Account"), and we may require you to activate cancellation via telephone. This activity will be tracked on your account history. Immediately on cancellation, no further discs will be dispatched to you, unless they were processed by our warehouse a few minutes prior to your cancellation request. We are unable to accept or guarantee initial cancellation requests via email. If you still have credits in your account when you cancel they will remain valid for 3 months from the date they were purchased and may be used if you reactivate your account before this period has expired.

We do not provide refunds or credits for any partially used batches of credits, with the exception of the money back guarantee (see clause 6.7 (Pay As You Go Money Back Guarantee) below). Upon cancellation, you will be given seven days to return any outstanding discs. Failure to return such discs within these 7 days will result in one credit being deducted from your account for every 5 days for every disc that remains outstanding. If you do not have any credits in your account, your account will be automatically topped up and one credit will be deducted from your account for every 5 days for every disc that remains outstanding up to a maximum of 10 credits. To avoid problems, we advise obtaining a certificate of posting when you return our discs to us.

6.7 Pay As You Go Money Back Guarantee

We guarantee that you will be satisfied with the service - if you are not fully satisfied and cancel your account within the money back guarantee period specified on the promotional material (to be no less than 7 days), we will refund your first payment. This money back guarantee is only available to new Pay As You Go customers. Only one money back guarantee may be redeemed per household and may not be combined with any other offer. You must have internet access and a valid debit/credit card to redeem the money back guarantee. Upon registering for the service, your debit/credit card will be charged immediately. If you are not satisfied with the service, you must cancel your account online through the "My account" section of the Website and email moneyback@lovefilm.com within the time period specified on the promotional material (to be no less than seven days), ensuring that you return the DVDs for a full refund. To avoid problems, we advise obtaining a certificate of posting when you return our discs to us. Refunds are applied upon receipt of the discs. The Service may be cancelled at any time, however, no refund or credits will be given after the money back guarantee period. We will bill you by your chosen payment method for a new batch of credits when we dispatch the first disc until you cancel.

7 Delivery And Return Of Discs; Lost Discs

7.1 Delivery to UK addresses only

Discs can only be delivered to addresses within the United Kingdom (including Northern Ireland and BFPO addresses); this excludes PO Box addresses.

7.2 Delivery of discs

We currently use Royal Mail, prepaid postage, to deliver and return the discs you have selected to view. Actual delivery times may vary for you depending on our stock availability, your delivery address, when you make your selection and circumstances impacting delivery by the Royal Mail.

7.3 Alternative delivery methods

We reserve the right to use alternative delivery methods without prior notification.

7.4 No guarantee of priority; no responsibility for delays, etc

Although we allow you to prioritise the order in which you would like to view discs, we cannot guarantee that such requests are met. We will endeavour to ship your next rental(s) within one business day of receiving your previous rental(s) back into our Distribution Centre. You will not hold us responsible for any delays, outside our control, which relate to the mailing or delivery of discs.

7.5 Lost Discs; charges for lost discs; Royal Mail’s compensation process

You must wait a minimum of four working days before reporting a disc as not received or lost on the way back to us. It is your responsibility to then report all lost discs online. We are unable to offer a refund for any discs which are paid for by you and then found at a later date. You must comply with either Royal Mail's claim compensation process or our process. Failure to comply with these processes, as amended from time to time, will result in a charge being made for the lost disc. We reserve the right to cancel your membership subscription if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.

The current charges are £10 per lost DVD, £17.50 per lost Blu-ray or HD DVD disc and £25 per lost game.

7.6 Items sent to us in error

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.

7.7 Discs stolen in your possession

You accept full responsibility for discs which are stolen whilst in your possession, and you will have to pay the full replacement costs.

8 Use And Care For Discs

8.1 Restrictions on use of discs; strictly for personal, private use, etc

You agree that you will not infringe any rights, including intellectual property rights, of any person, including, without limitation, copying, reproducing, screening, republishing or otherwise modifying any material provided as part of the any Rental Service, including the discs. You must use the discs you rent strictly for personal, private use and not for any direct or indirect commercial purpose. You must comply with the terms of any copyright notice displayed on any disc or in its contents. You may not sell, lease, lend, license, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any LOVEFiLM discs in any way at any time.

8.2 Viewing of age-restricted discs

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.

8.3 Responsibility and charges for damaged discs

You agree to treat the discs and their associated packaging with the utmost care at all times. You agree that we may charge your payment method if it is returned in an unreasonable condition (reasonable wear and tear accepted). In this event, we will give you advance notice before charging you.

The current charges are £10 per damaged DVD, £17.50 per damaged Blu-ray or HD DVD disc and £25 per damaged game.

9 Cancellation By You And Termination By Us

9.1 Cancellation by you

As noted above, you may cancel your subscription to LOVEFiLM's service at any time. To cancel, go to the "My account" section of the website and follow the instructions under the heading "Cancel My Account". We may require you to activate cancellation via telephone. Immediately upon requesting cancellation, no further discs will be dispatched to you, unless they were processed by our warehouse a few minutes prior to your cancellation request. We are unable to accept or guarantee cancellation requests via email or by letter (either posted, or included with returns).

9.2 Discs must be returned for effective cancellation

Please note that it is the customer's responsibility to ensure that all discs are returned, and all discs must be returned to us before the cancellation will be confirmed. All references to "return" or "returned" in these Terms and Conditions mean that we must have received the discs in question. All discs must be returned before the next billing date following cancellation to avoid any further charges. Once all discs have been returned, the cancellation will take effect immediately and a confirmation email will be sent to you. Upon cancellation of your subscription, any unused Watch Online viewing hours will expire.

We reserve the right to charge a replacement cost of up to £10 for any non-returned DVDs, £17.50 for any non-returned Blu-ray or HD DVD discs and £25 for any non-returned games media.

To avoid problems, we advise obtaining a certificate of posting free of charge from your local Post Office when you return our discs to us. Please note we do not provide refunds or credits for any partial Subscription Months.

9.3 Right to cancel in certain circumstances

If you have just signed up to LOVEFiLM and have changed your mind about subscribing, you may in certain circumstances have a legal right to cancel your membership before the service starts and receive a full refund of your first month's subscription fee. Ordinarily you may cancel the subscription within seven working days of the day after the date on which you subscribe if we have not already commenced providing services to you. However, by subscribing you agree that we may dispatch your first disc within that seven working day period and you acknowledge that by agreeing to this, this cancellation option is not available to you if we have already assigned your first disc for dispatch. If you are eligible to cancel in this manner, you may do so in accordance with the cancellation instructions in this clause 9 (Cancellation by you and Termination by us). In order to arrange a refund of your first month's subscription fee, you will then also need to contact us to advise us that you have cancelled in accordance with your statutory rights and to request a refund of your first month's subscription fee. Once you have completed these steps, we will cancel your subscription and process your refund.

9.4 Termination by us

We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice. In this event we would give you seven days to return our discs and failure to return these discs would incur charges, as described under clause 9.2 above. If we terminate your use of our service for any other reason or no given reason, then we would give you 30 days notice of termination and would expect you to return our discs within the 30 day notice period. In this event failure to return the discs within the notice period would incur charges, as described under clause 9.2 above.

10 Rental Discs Remain LOVEFiLM Property

All discs remain our property at all times.

11 Gift Subscriptions

11.1 Gift subscriptions

From time to time, we may offer gift subscriptions for purchase on the Website. Gift subscriptions can only be used for the rental package specified. The rental package will state whether games are included and whether the rentals are capped (i.e., the recipient can only receive a certain number of rentals per month) or unlimited. If the rentals are unlimited, then the package will state how many DVDs or games the recipient may have out at any one time.

11.2 Certain conditions affecting gift subscriptions

Gift subscriptions cannot be used in conjunction with any other discount, offer or promotion. Gift subscriptions are not redeemable for cash, and are neither refundable nor transferable. Gift subscriptions are subject to these Terms and Conditions. The recipient can redeem the subscription by entering the gift subscription code during the new account signup process. The validity period of the gift will vary depending on what gift is selected. Recipients of gift subscriptions must be at least 18 years old, residents of the United Kingdom and will require a valid address and debit/credit card to verify their age.

11.3 Recipient becomes a member if no cancellation

Membership charges will not be taken from the recipient's payment card during the gift subscription period provided the recipient does not upgrade their tariff. If the recipient continues their membership beyond the gift subscription period they will be charged at the prevailing pricing at the time. The membership can be cancelled at any time by visiting the relevant section of the website, once logged in. At the end of the validity period of the gift, the recipient will automatically become a member of our DVD or Game Rental Services unless they cancel their membership and return all discs prior to the relevant expiry date of your the gift subscription. The subscription level will be the same as the gift subscription tariff level unless the recipient specifies otherwise and provides at least 5 days written notice prior to the relevant expiry date of the gift. Subsequent subscription membership of the DVD Rental Service will be subject to these Standard LOVEFiLM Rental Service Terms and Conditions. Gift subscriptions can be cancelled at any time but no refunds or credits will be given for any unused portion of a gift subscription.

11.4 If recipient is already a subscriber

If the recipient is already a LOVEFiLM subscriber and their existing subscription package has a lower value than their gift subscription, then they will be given the choice of either upgrading to the gift subscription package for the duration of the gift subscription or applying the value of the gift subscription to their existing subscription package. If their existing subscription package has a higher value than their gift subscription, then we will apply the value of their gift subscription to their existing subscription package. We will treat any unlimited package as having a higher value than any capped package. If the gift subscription voucher shows a value on the front, then that is the value of the gift subscription. If it does not, then the value is as shown on the LOVEFiLM site.

11.5 Watch Online service

If the recipient's rental package entitles them to a Monthly Allowance for viewing on our Watch Online service, the Monthly Allocation will be awarded on the day they activate their account, and monthly thereafter for the duration of the gift subscription until the recipient either cancels their subscription or purchases a rental package.

12 LOVEFiLM Watch Online Service

12.1 Introduction

This section sets out the terms and conditions of our Watch Online service, which allows you to stream films, TV shows and other content ("Films") to your PC, laptop, television, DVD player, Blu Ray player, media centre or other authorized device capable of receiving it (a "Device"). When we use the word Device we include any service, guide, portal or gateway integrated with that Device. Where use of a Device requires you to download any software which we provide to you, our End User License Agreement will apply to your download and use of that software,

Not all Films available on our online DVD rental service are available on our Watch Online service and Watch Online Films may not contain all the same features you will find on a DVD version of the same Film. The quality of the display of Watch Online Films may vary from Device to Device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of your internet connection. LOVEFiLM makes no representations about the quality of your Watch Online display.

We may withdraw Watch Online functionality entirely from our service or from any package or category of users. We may also limit, condition, terminate, charge for or otherwise modify your use of the Watch Online service at anytime without notice; provided however, we will give you notice before we institute any additional charges for the Watch Online service or any part of it. You acknowledge that due to requirements or requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Films may not be viewed, or may cease being viewable, on our Watch Online service at all or on some or all Devices.

12.2 Ways to stream and watch a Film

You can stream and watch Films on the Watch Online service in three ways:

• on a transactional basis, by paying a fee for the opportunity to watch a Film as many times as you like during a set playback period; or
• on a subscription basis, which will allow active members of our Rental Service with certain packages to watch Films; or
• on a free (ad-supported) basis.

Films may not be able to be streamed and watched in all of these ways or on some or all Devices. This will be clear on the Website or Device, as applicable.

12.3 Transactional

When you buy a Film, you will have a period of time (usually 48 hours, but this may vary) within which you must watch the Film (the "Playback Period"). You can watch the Film as many times as you like within that Playback Period but you cannot extend the Playback by stopping, pausing or restarting the Film. If you want to watch a Film after the Playback Period ends, you will have to buy the Film (and pay the applicable fee) again. The Playback Period may be different for different Films and the period displayed on the Website when you buy the Film will be the one that applies. We reserve the right to change the Playback Period for any Film at any time. We will only change the Playback Period for a Film that you have already paid for if required to do so under our agreements with our licensors.

12.4 Subscription

If you are an active member of our Rental Service and your current Rental Service package allows you to do so, you may stream and watch Films on the Watch Online service as part of your Rental Service package. You can check whether this is the case in the "My Account" page on the Website.

Each Film you choose will be subject to a Playback Period. You can watch the Film as many times as you like within that Playback Period but you cannot extend the Playback by stopping, pausing or restarting the Film. If you want to watch a Film after the Playback Period ends, you will have to choose the Film again, but if you have a Monthly Allowance, your ability to watch it will be subject to you having enough viewing hours left for that Subscription Month. The Playback Period may be different for different Films and the period displayed on the Website when you buy the Film will be the one that applies. We reserve the right to change the Playback Period for any Film at any time. We will only change the Playback Period for a Film that you have already chosen if required to do so under our agreements with our licensors.

Depending on your current Rental Service package, we may limit the number of online viewing hours you are entitled to during a Subscription Month (your "Monthly Allowance"). If your ability to stream and watch Films on the Watch Online service is subject to a Monthly Allowance, then the following paragraphs apply:

• you will be allocated online viewing hours each Subscription Renewal Date in line with the Monthly Allowance associated with your rental package for use during that Subscription Month;
• when you choose a Film to watch, the full run time of the Film will be deducted from your Monthly Allowance (and you acknowledge that the run-time of a Film shall be determined by our records and systems and our decision as to a run time shall be final);
• if you do not have enough viewing hours left as part of your Monthly Allowance to watch your chosen Film, you will not be able to watch it until the following Subscription Month if your Monthly Allowance is big enough or, if it is not, unless you upgrade to a rental package which will either give you enough viewing hours per Subscription Month or will allow you unlimited online viewing on a subscription basis;
• unused viewing hours will expire at the end of each Subscription Month and will not carry over to your next Subscription Month;
• if you change your Rental Service Package during a Subscription Month to one with a different Monthly Allowance, your new Monthly Allowance less any minutes already used by you that month will be allocated to your account immediately (please note this may result in a zero balance and you will have no more online viewing time until your next Subscription Month starts);
• if you bring your Subscription Renewal Date forward (i.e., make it earlier), your Monthly Allowance will not be decreased; however, it will expire sooner (on your new Subscription Date); or if you if you push your Subscription Renewal Date back (i.e., make it later), you will not receive any additional minutes for that Subscription Month;
• any additional minutes awarded to you by us for any reason will expire at the end of the Subscription Month in which they are awarded and will not carry over into the next Subscription Month;
• if you have a pre-paid rental package, your Monthly Allowance will be awarded on the day you activate your account and monthly thereafter for the duration of the pre-paid subscription until you either cancel your subscription or purchase a new rental package; and
• if you cancel your Monthly Subscription, any unused viewing hours will expire upon cancellation.

We may from time to time permit customers to watch Films generally made available on a subscription basis who would not otherwise be entitled to do so. That permission may be in the form of a credit that allows the recipient to watch such Films for a limited period of time and its terms will be made clear at the time that permission is given.

If you have a "pay as you go" or similar package, then you cannot stream and watch Films on a Subscription basis.

12.5 Free

To watch a Film on a free (ad-supported) basis you are not required to pay any fee or be a member of our Rental Service. You acknowledge that Films you watch may contain advertising or other marketing messages before, during and/or after them. We reserve the right to require you to provide us with personal details and payment card details to verify your identity and/or age.

12.6 Equipment, Systems and Connectivity

Your ability to stream and watch Films will depend on you having the necessary equipment, systems and connectivity. Before you buy a Film, you must ensure that you have all necessary equipment, systems and connectivity to stream and watch the Film properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to stream and watch Films. Minimum system requirements are specified in the Watch Online section of the Website but even compliance with these does not guarantee that you will be able to stream Films successfully.

We may determine in our sole discretion from time to time which Devices are authorized for you to stream and watch Films on. Devices are manufactured, sold and/or operated by entities other than LOVEFiLM and we do not take responsibility for or otherwise warrant the performance of any Device, including the continuing compatibility of the Device with our Watch Online service or vice versa. By using the Watch Online service, you agree to look solely to the entity that manufactured, sold and/or operates the Device (as applicable) for any issues related to the Device and/or its compatibility with the Watch Online service or vice versa. Any issues related to our Watch Online service and its functionality, including any system requirements, are covered and limited by these Terms.

You acknowledge that the availability of the Watch Online service and in particular the streaming of Films may be affected by internet traffic congestion or by other network, ISP, electronic, computer or other communication problems or failures and that we are not responsible for the failure of any Film to stream or to continue streaming due to any such congestion, problem or failure.

12.7 Restrictions

You acknowledge all intellectual property and other rights in the Films that you stream and watch are owned by us or our licensors. To enforce those rights, we stream Films to you using technology that protects digital information and limits your ability to watch the Film in accordance with certain usage rules established by us and/or our licensors (whether in these Terms and Conditions and/or on the relevant pages of the Website and/or displayed on a Device). Accordingly, you undertake that:

• you will stream and watch Films for personal, private use only (and not for any direct or indirect commercial purpose);
• you will not, and will not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Film;
• you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of any Film or part of the means by which we stream the Film to you; and
• you will not stream or attempt to stream Films from anywhere outside the United Kingdom, the Channel Islands or the Isle of Mann or to use any technology to obscure or disguise your location. You acknowledge that we may use technologies to verify your location.

12.8 Termination and Enforcement

You acknowledge that, in addition to any rights that we or licensors have (including those pursuant to clause 14, any breach of these Terms and Conditions will entitle us to terminate your use of the service immediately and without notice. You specifically acknowledge our licensors have the right to directly enforce relevant provisions within these Terms and Conditions against you. We reserve the right to change, suspend, or cease the Watch Online Service, or any part of it at any time and without notice to you. In particular, we reserve the right to remove any Film from our catalogue or to cease your streaming and watching of any Film on the Website or any Device if necessary to comply with our obligations to our licensors. You agree that, except for a reasonable refund in respect of any Film you have bought to watch on a transactional basis, we will not be liable to you if we exercise those rights, even if your streaming or watching of a Film is affected by the change, suspension or cessation.

13 LOVEFiLM Facebook Application

13.1 Introduction

You may choose to use the LOVEFiLM Facebook Application. If you use the LOVEFiLM Facebook Application you understand, and acknowledge and agree that your activity on LOVEFiLM’s Products and Services, including your past current and future queue, rental history, lists, reviews and ratings will be replicated on the LOVEFiLM Facebook Application and made available to other users of the LOVEFiLM Facebook Application who are your friends on Facebook. We make the LOVEFiLM Facebook Application available to you in accordance with, and subject to, our End User License agreement.

13.2 Restrictions.

You must use the LOVEFiLM Facebook Application in accordance with these Terms & Conditions and in particular you undertake that you shall not use the LOVEFiLM Facebook Application in any manner which We, in our sole discretion, deem unacceptable, including (without limitation):

• to disrespect, harass, bully, offend impersonate or spam other users of the LOVEFiLM Facebook Application;
• to create or publish any abusive, defamatory, offensive, obscene or pornographic content;
• for any illegal, immoral or harmful purpose; or
• to infringe the rights of any third party; and
• you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with the LOVEFiLM Facebook Application.

13.3 Variation.

We reserve the right, in our sole discretion, to remove, edit or cease to make available the LOVEFiLM Facebook Application at any time and we may do this with or without giving you any prior notice.

14 Prohibited Use Of The Website

14.1

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 directly or indirectly with the Website. You 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 the Website.

14.2

You agree not to impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose. In order to provide you with an easy-to-use service, LOVEFiLM will place a 'cookie' (a small text file) on any computer you use to access the LOVEFiLM website. When you revisit the LOVEFiLM website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.

15 Material On This Website

15.1 Copyright

All materials (including software and content whether downloaded or not) contained on the Website or the Watch-Online Service are owned by LOVEFiLM (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of content that you may purchase from the Website or the Watch Online Service to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, and any other relevant terms and conditions provided to you without our prior written permission.

You acknowledge and agree that certain content on the Website, on the Watch Online Service and on discs provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you.

15.2 Trade marks

LOVEFiLM, the LOVEFiLM logo and all other LOVEFiLM product or service marks are trade marks of LOVEFiLM International Limited. All other trade marks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.

16 User Material

16.1

The Website or other LOVEFiLM Products and Services may let you submit material to us: for example, you can review DVDs or games, create and share user collections or create your own quizzes. You may be able to upload video, images or sounds. In these Terms and Conditions, we use the term "User Material" to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a Member or when you subsequently change that information.

16.2

This clause 16 (User Material) of these Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these Terms and Conditions, then you should not do so.

16.3

We do not systematically review User Material submitted by users. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.

16.4

We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Website or any of LOVEFiLM’s Products and Services, particularly where User Material breaches this clause 15 (User Material) of these Terms and Conditions and we may do this with or without giving you any prior notice.

16.5

We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to LOVEFiLM an irrevocable, perpetual, non-exclusive, royalty-free, sublicensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media. The license you grant us will terminate when your User Material is removed from our website

16.6

We may link User Material or parts of User Material to other material, including material submitted by other users or created by LOVEFiLM and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on the Website or to promote, market or advertise LOVEFiLM. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.

16.7

Each time you submit User Material to us, you represent and warrant to us as follows:

• you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract;
• your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate;
• your User Material does not advertise any product or service or solicit any business;
• your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and
• in submitting your User Material you are not impersonating any other person.

17 Links To Other Websites / Services

We may provide links to other websites or services for you to access, including Facebook through the LOVEFiLM Facebook Application. You acknowledge that any access is at your sole discretion. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability; (b) the privacy practices, (c) the content, advertising, products, goods or other materials or resources on or available from; or (d) the use to which others make of; these websites or services. We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

18 General Terms And Conditions

18.1 Privacy

We collect personal information about you through and in connection with your use of the website and your use and/or purchase of LOVEFiLM’s Products and 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 is deemed to be incorporated into these Terms and Conditions.

18.2 Promotion Codes

Any promotion code or offer provided on the Website or via any Device cannot be used in conjunction with any other promotion code or offer, past or present.

18.3 Indemnity by you

You agree to indemnify and hold the LOVEFiLM, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, including clause 15 (User Material) or any violation by you of any applicable laws or the rights of any third party.

18.4 Disclaimer of Warranties and Limitations on Liability

(a) Nothing in this clause 18.4 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit LOVEFiLM's liability for:

• fraud; or
• death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977); or
• liability to the extent the same may not be excluded or limited as a matter of law.

(b) LOVEFiLM's Products and Services, the Website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of LOVEFiLM's Products and Services, the Website or its content. We assume no liability or responsibility for any errors or omissions in the content of LOVEFiLM's Products and Services or the Website, any failures, delays, or interruptions in the shipment of discs, or our provision of the Watch Online Service. Subject to clause 17.4(a), 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.

(c) Subject to clause 18.4(a), in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party 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 such 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 clause 17.4(c) to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

(d) Subject to clauses 18.4(a), 18.4 (b) and 18.4(c) our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the Website, or any website content or your use of LOVEFiLM’s Products and Services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of LOVEFiLM's Products and Services in the month preceding any such claim.

18.5 Applicable Law

The Website and LOVEFiLM’s Products and Services are controlled by LOVEFiLM UK Limited. Your use and/or purchase of the Website or LOVEFiLM’s Products and Services is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from or in connection with your use of the website and/or your use and/or purchase of LOVEFiLM’s Products and Services we provide are subject to the non-exclusive jurisdiction of the English courts.

18.6 Assignment/Transfer By Us

You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms and Conditions to any third party. 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 third party.

17.7 Assignment/Transfer by You

LOVEFiLM memberships, subscriptions and your other rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.

18.8 No Waiver

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.

18.9 Force Majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website or any of LOVEFiLM’s Products and Services, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

18.10 Third Party Rights

Subject to clauses 15.1, 18.3 and 18.4, and excluding the provisions of clause 3.1.2 which confers a benefits on third parties and licensors as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, 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. In accordance with clause 1.2, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party.

18.11 Entire Agreement

These Terms and Conditions (including the Privacy Policy and any other terms and conditions or usage rules incorporated into these Terms and Conditions) constitute the whole agreement between you and us relating to their subject matter and supersede any prior agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter. Neither party has any liability to the other for a representation or statement not set out in these Terms and Conditions.

18.12 Interpretation

In these Terms and Conditions, unless the context requires otherwise: i any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

19 LOVEFILM'S Contact Details

All correspondence to LOVEFiLM, including any queries you may have regarding your use of the Website, your use and/or purchase of LOVEFiLM's products and services or these Terms and Conditions, should be sent to the address set out in clause 1. LOVEFiLM's registered office is located at No. 9, 6 Portal Way, London W3 6RU, United Kingdom and its VAT number is 882 5966 68.

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Privacy Policy

Amended 26th January 2012.

LOVEFiLM (a trading name of LOVEFiLM UK Limited) recognises that your privacy is very important to you and that it is your right to control your personal information. We know that providing personal information is an act of trust and we take that trust seriously. LOVEFiLM will never sell, rent or, except as set out in this Privacy Policy, otherwise disclose any of your personal information, including your Email address, to any third party without your consent. Unless you give us specific consent to act otherwise, the following policies will govern how LOVEFiLM handles the personal information that you provide to us.

This Privacy Policy sets out:

• Collection and use of information
• Information storage
• Information sharing and disclosure
• Security and prevention against loss, misuse or alteration of information
• Your ability to edit and cancel your account
• Changes to this Privacy Policy
• Contact details

This Privacy Policy is deemed to be incorporated into the Website Terms and Conditions, which you should read together with this Privacy Policy. Capitalised words used but not defined in this Privacy Policy have the meaning given to them in the Terms and Conditions.

Collection and use of information

If you do not register as a Member of LOVEFiLM, the information we collect from you is limited. We log your IP address in order to help diagnose problems with our servers, administer this Website and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on the type of internet connection. Either way, it would be extremely difficult for us to identify you through your IP address, and we make no attempt to do so. If you reach this Website by clicking on a link or advertisement on another website, then we also log that information. All of this information is collected and used only in aggregate; that is, it entered into our database, where we can use it to generate overall reports on our visitors, but not reports about individual visitors.

If you choose to register as a Member of LOVEFiLM, you will be able to take advantage of all of the features of this Website. LOVEFiLM collects some or all of the personally identifiable information set out below when you subscribe to the LOVEFiLM service register as a Member of LOVEFiLM, when you access and use this Website and/or when you use LOVEFiLM's Products and/or Services. The information we collect will vary depending on the circumstances, e.g., if you use one of our rental services packages or download film or TV content, we will collect most of this information. If you simply use some of our services, (such as writing a review or entering a competition) we may only collect more limited information.

What we collect

• Nickname
• Full name
• Email address
• Address
• Telephone number
• Mobile telephone number (optional)
• Payment Card type, number and expiry date
• Gender
• Date of Birth
• Information about the films, TV series and other content that you have rented, bought, streamed or downloaded
• User Material you submit (e.g., your ratings, reviews, user collections, quiz and other user submissions)
• Information you submit for your User Profile
• Form Facebook, your Facebook user name and profile picture if you choose to use the LOVEFiLM Facebook Application

How we use it

• To check that a payment card is valid
• To pay your account
• To send you DVDs or games you would like to rent or films you would like to download
• To recommend other films, TV series and other content that you may like to rent, buy, stream or download
• To display your favourites list to others
• To communicate with you regarding your Membership, account or purchase of LOVEFiLM's Products or Services -related matters
• To provide you with order and billing history information
• To contact you about the products and/or services on this Website in which you have expressed an interest
• To display your User Profile to others users of this Website (in accordance with your security settings)
• If chosen by you, to allow you to use the LOVEFiLM Facebook Application (in accordance with your security settings)
• To email you offers, news and information
• To send you samples of, or marketing materials relating to, third party products or services which we believe may be of interest to you. Such materials may accompany the discs you have selected to rent, or may be sent by us separately. Please note that at no time is it necessary for us to provide your personally identifiable information to third parties in order to send you these materials
• To improve services and enhance personalisation, we may periodically obtain information about you from other third party sources from whom we have lawfully obtained this data and add it to your registration information. Additionally, authorised LOVEFiLM personnel may update your registration information to accurately reflect any new information included in any communications received from you.

Communication Preferences

If you do not want to receive emails from us with offers, news and information, you can change your contact preferences at any time in the “My Details” area of your “My Account” page.

Information storage

All information you provide to us is stored in the UK only on secure servers that are protected in secure facilites including firewall protection and located in those countries that form part of the European Economic Area or are considered to provide adequate protection for personal information under the European Union Data Protection Directive (95/46/EC).

Cookies

'Cookies' are small text files that are stored by the browser on your computer. Websites are able to read and write these files, which allows them store things like personalisation details and user preferences. We use cookies for a number of purposes, including to:

recognise you as a LOVEFiLM member so that we can log you in to this Website on a repeat visit;

provide you with customised content and remember preferences you specify while you are using our products or services;

deliver advertisements relevant to your interests when you visit our Website and use our products and services;

provide general internal and customer analytics to conduct research to improve our Website and our products and services; and

support security measures such as requiring re-logging into this Website after a certain amount of time has elapsed.

In addition to our own cookies, we allow certain third parties and affiliates to set and access their cookies on your computer such as companies providing auditing, research and reporting for advertisers. Those parties’ use of cookies is subject to their own privacy policies, not our Privacy Policy.

The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. However, because cookies allow you to take advantage of some of our Website essential features, we recommend that you leave them turned on. If you do leave cookies turned on, be sure to sign off when you finish using a shared computer.

Information sharing and disclosure

LOVEFiLM is committed to protecting your personal information. We will not disclose your personally identifiable information to third parties without your consent except:

• where LOVEFiLM is required by law to disclose information to third parties;
• where the disclosure is necessary for the performance of our operations (eg. mail delivery, hosting services, protecting us from fraud, and payment of your account); or
• LOVEFiLM buys or sells subsidiaries or business units. in connection with a corporate transaction, such as a sale, merger, consolidation or asset sale, or an internal reoganisation, or in the unlikely event of an insolvency. If such a transaction or event required the transfer of customer information, then that information would be one of the transferred assets, but would remain subject to the commitments made in any pre-existing Privacy Policy or equivalent.

We also may share your personal information with third parties (ie agents or sub-contractors) specifically engaged by LOVEFiLM to provide services to us, in which case we will require those parties to keep that information confidential and secure and to use it solely for the purpose of providing the specified services to us.

Companies and individuals registered in the LOVEFiLM Affiliate Program receive aggregate information about customers that they direct to LOVEFiLM through links on their websites. No personally identifiable information is provided to affiliate members; the information collected from our affiliates is used strictly for the affiliates program and will not be used for general marketing purposes.

LOVEFiLM also provides analyses of our customers in the aggregate to prospective partners, advertisers, movie distributors and other third parties. We do this so that we and our business partners can understand you better, and so we can keep bringing you first-rate services. We may also disclose, on an anonymous basis, literal statements made by our customers. At no time, however, will we disclose personal information about specific customers.

Linked websites are not under the control of LOVEFiLM and we are not responsible for the conduct of companies linked to our Website, including Facebook should you choose to use the LOVEFiLM Facebook Application. Before disclosing your personal information on any other website we advise you to examine its terms and conditions of use and privacy policy.

Please note that you have certain rights under the Data Protection Act 1998. You have the right to be told what personal information we hold about you, to correct errors in that information and to prevent LOVEFiLM from using your personal information for direct marketing purposes. Should you wish to exercise that these rights, or if you have any questions concerning the LOVEFiLM privacy policy at the contact details below.

Security and prevention against loss, misuse or alteration of information

LOVEFiLM has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We will continue to enhance our security procedures as new technology becomes available.

For transmitting your personal information to us, we use a secure server with a 256-bit SSL certificate from Thwate which encrypts all of your personal information. This encryption process ensures that the information you give us is protected against unauthorised interception.

While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

Your LOVEFiLM account information is password-protected for your privacy and security. You can play an important role in keeping your personal information secure by maintaining the confidentiality of your password used on the LOVEFiLM website. We recommend that you change your password from time to time for additional security. Please advise us immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security.

Access authorisation is granted only to key LOVEFiLM (LOVEFiLM UK Limited.) staff only and to our agents or subcontractors if necessary for the performance of our operations or for them to provide services to us. Any information accessed by those agents or subcontractors is required to be kept confidential and secure and is not permitted to be used for any purpose except to provide their services to us.

Backups are run to prevent loss of information, and our Internet servers are housed in secure facilities.

Your ability to edit and cancel your account

You can access "My account" section from every page on this Website to update and correct the personal details that we gathered when you subscribed and/or when you chose to use any of LOVEFiLM's Products or Services. You must be logged in to access this information. All information is password-protected so no one can access the information but you.

If you decide to cancel your LOVEFiLM subscription, your account will be deactivated immediately once we have received back all the discs that you have rented. However we are required to may retain your information for accounting and taxation business, operational and administrative purposes and in accordance with applicable laws.

Changes to this Privacy Policy

From time to time, LOVEFiLM will review and may edit this policy in accordance with potential changes to our business and as required by law. LOVEFiLM reserves the right to change its Privacy Policy at any time. This Privacy Policy may be amended in accordance with paragraph 1.2 of our Terms and Conditions (of which this Privacy Policy forms part).

LOVEFiLM's contact details

All correspondence to LOVEFiLM regarding this Privacy Policy should be addressed to:

(Attention: Privacy Officer)
LOVEFiLM UK Limited
No 9
6 Portal Way
London W3 6RU
United Kingdom
Email: support@lovefilm.com.

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End User License agreement

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY.

LOVEFiLM UK Limited’s End-User License Agreement ("Licence Agreement") is a legal agreement between you and LOVEFiLM UK Limited (“LOVEFiLM”) for the software product(s) which LOVEFiLM may make available to you from time to time to enable you to use the LOVEFiLM Products and Services including the Watch Online Service and which may include associated software components, media, printed materials, and "online" or electronic documentation ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Licence Agreement. If you do not agree to or cannot comply with the terms and conditions of this Licence Agreement, or our Terms and Conditions, which can be found at www.lovefilm.com/terms, do not install, copy, and/or use the Software or any of LOVEFiLM’s Products and Services which use the Software.

Subject to the terms of this Licence Agreement and our Terms and Conditions, LOVEFiLM grants you a limited, non-exclusive, revocable license to download and make personal non-commercial use of the Software.

The Software contains and/or embodies copyright material, proprietary material and/or other intellectual property of LOVEFiLM and/or its licensors. All right, title and ownership in the Software remains with LOVEFiLM and/or its licensors, as applicable. The rights to download and use the Software are licenced to you and are not being sold to you, and you have no rights in it other than to use it in accordance with this Licence Agreement and our Terms and Conditions.

You agree that you will not and you will not assist any third party to:

• copy, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Software in any way, or create derivative works of the Software;
• use the Software or any portion of it to create any tool or software product that can be used to create software applications of any nature whatsoever;
• rent, lease, loan, make available to the public, sell or distribute the Software in whole or in part;
• tamper with the Software or circumvent any technology used by LOVEFiLM or its Licensors to protect any content accessible through the Watch Online Service;
• circumvent any territorial restrictions applied to the Watch Online Service; or
• use the Software in a way that violates this Licence Agreement or the Terms and Conditions.

You may not use the Software to make the Watch Online Service available to the public.

The films, tv programs, images, music, text, and other material (“Content”) made available via the Software is owned by LOVEFiLM or its Licensors and your use of it is limited by our Terms and Conditions.

LOVEFiLM reserves the right to use the Software at any time to enforce the Terms and Conditions with or without notice to you. The use of the Software is at your own risk. The Software is provided on an “as is” and “as available” basis. Except as required by law, LOVEFiLM gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Software.

In no event shall LOVEFiLM, its affilliates, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption or computer failure) arising out your use of or inability to use the Software or any errors, viruses or bugs contained in the Software, even if you have advised us of the possibility of such loss. Your only right or remedy with respect to any problems or dissatisfaction you have with the Software is to uninstall it or stop using it.

You agree to indemnify and hold LOVEFiLM and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your breach of this License Agreement or your violation of any laws, regulations or third party rights in relation to your use of the Software.

You may terminate this Licence Agreement at any time by uninstalling the Software from your Device.

LOVEFiLM may terminate this Licence Agreement at any time by giving you one month's notice in writing and immediately if:

• you breach any term of this Licence Agreement; or
• if required by any of our Licensors.

LOVEFiLM may transfer its rights and obligations under this Licence Agreement to any company, firm or person at any time if it does not affect your rights under it. You may not transfer your right or obligations under this Licence Agreement to anyone else. This Licence Agreement is personal to you and no third party is entitled to benefit under the Licence Agreement except as set out here.

This Licence Agreement is governed by English Law.

LOVEFiLM's registered office is located at No. 9, 6 Portal Way, London W3 6RU, United Kingdom and its VAT number is 882 5966 68.